HomeMy WebLinkAboutCalifornia Highway Patrol (CHP); 2023-12-01; USE24-2237FACSCO ID: 2720-23(650000
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ..-------------------,c----------------, STANDARD AGREEMENT AGREEMENT NUMBER
23(650000
PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev. 04/2020)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:CONTRACTING AGENCY NAME
Department of California Highway Patrol CONTRACTOR NAME
City of Carlsbad 2.The term of this Agreement is:START DATE12/1/2023THROUGH END DATE 11/30/2026
3. The maximum amount of this Agreement is:$125,000.00 (One Hundred Twenty-five Thousand Dollars and Zero Cents)
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Scope of Work 2
Exhibit B Budget Detail and Payment Provisions 1
Exhibit C General Terms and Conditions 4
Exhibit D Special Terms and Conditions 1 -
+ Agreement for Use of the Carlsbad Safety Training Center Between The City of Carlsbad and The California
Highway Patrol -
----Attachment Exhibit A, Safety Training Center Facility Description, Capabilities and Location 1 Exhibit B, Participant Release (Hold Harmless Certification)
Exhibit C, Fiscal Year 2023-24 Safety Training Center Facility Use Fees
Items shown with an asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dqs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Carlsbad CONTRACTOR BUSINESS ADDRESS 1635 Faraday Avenue PRINTED NAME OF PERSON SIGNING
CONTRACTOR AUTHORIZED SIGNATURE
CITY
Carlsbad TITLE
DATE SIGNED
11
ISTATE IZIP
CA 92008
Page 1 of 2
Scott Chadwick City Manager
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
11/13/2023:P!t«f"n{) -1tn S
1--
i-+
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
SCO ID: 2720-23(650000
STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES ~-----------~----------------,
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
CONTRACTING AGENCY NAME
Department of California Highway Patrol
CONTRACTING AGENCY ADDRESS
601 North 7th Street
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
AGREEMENT NUMBER
23(650000
STATE OF CALIFORNIA
PURCHASING AUTHORITY NUMBER (If Applicable)
CITY
Sacramento
DATE SIGNED
EXEMPTION (If Applicable)
STATE ZIP
CA 95811
Page 2 of 2
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit A Page 1 of 2
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) Oceanside Area office,
the services described herein: furnish use of Contractor's weapons firing range facilities including restroom
facilities if available; pay all taxes, insurance, bonds, license and permit fees, maintenance fees and all other
costs required to provide use of the Weapons Firing Range facility in accordance with the terms set forth in
this Agreement.
2. The services shall be performed at: Carlsbad Safety Training Center
5750 Orion Street
Carlsbad, CA 92010
3. The services shall be provided during: Dates and times to be mutually agreed upon between CHP Project
Representative and Contractor.
4. The project representatives during the term of this Agreement will be:
STATE AGENCY CONTRACTOR
Department of California Highway Patrol City of Carlsbad
NAME NAME
David Morenberg, Lieutenant Brian Bacardi, Facility Manager
Oceanside Area Office Safety Training Center
TELEPHONE NUMBER EMAIL TELEPHONE NUMBER EMAIL
(760) 643-3400 dmorenberg@chp.ca.gov (760) 931-2236 brian.bacardi@carlsbadca.gov
Direct all inquiries to:
STATE AGENCY CONTRACTOR
Department of California Highway Patrol City of Carlsbad
SECTION/UNIT SECTION/UNIT
Business Services Section-Contracts Unit Safety Training Center
ATTENTION NAME
Dornetta Williams, Contract Analyst Janean Hawney, Contract Administration
ADDRESS ADDRESS
601 North ]lh Street 1635 Faraday Avenue
Sacramento, CA 95811 Carlsbad, CA 92008
TELEPHONE NUMBER EMAIL TELEPHONE NUMBER EMAIL
(916) 843-3641 dwilliams@chp.ca.gov (760) 931-2236 Janean. hawnet@carlsbadca.gov
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
SCOPE OF WORK (continued)
EXHIBIT A
(Standard Agreement)
5. Detailed description of work to be performed:
Department of California Hlghway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit A Page 2 of 2
A The weapons firing range must be within thirty {30) miles of CHP Oceanside Area office, located at 435
La Tortuga Drive, Vista, CA 92081.
B. The weapons firing range use shall be limited to CHP uniformed personnel assigned to the CHP
Oceanside Area office. Approximate number of CHP personnel using range is: (25).
C. Contractor agrees that CHP shall have the use of all on-site facilities located on the firing range for training
programs without additional charge.
D. Contractor and CHP agree the weapons firing range shall be open and usable by members of CHP at
such times that are mutually agreeable to both parties. Exclusive use of the facilities by CHP must be
coordinated and mutually agreed to by both parties.
E. The CHP agrees that its members using the weapons firing range facilities under this Agreement shall
be governed by the range safety rules establlshed by Contractor.
F. Brass will be retained by Contractor.
G. The weapons firing range must be able to accommodate the following:
1) 40 caliber pistol (loaded with Department-issued ammunition currently 180G).
a. Twelve (12) shoots per year, one (1) each month or two (2) every other month.
b. Two (2) qualification shoots which must be performed at the following distances:
2 yards, 4 yards, 7 yards, 10 yards, 15 yards, and 25 yards.
c. Ten (10) practice shoots, of which two (2) night shoots are recommended.
c;L Use for make-up shoots at times mutually agreeable to both parties.
2) Tactical rifle (.223 caliber).
a. Four (4) shoots per year (quarterly).
b. One (1) night shoot is required.
c. Maximum distance of 50 yards.
3) Shotgun (00 buckshot).
a. Eight (8) shoots per year (two (2) quarterly).
b. Two (2) night shoots required.
c. Distance 15 yards maximum.
H. Inspection and test firing of weapons:
1) All weapons are to be test Fired after each required inspection by the Area Weapons Range Officer.
2) Use of facility to test fire weapons will be coordinated between the Area Weapons Range Officer
and the Contractor.
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
EXHIBIT B
(Standard Agreement)
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit B Page 1 of 1
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to
compensate the Contractor in accordance with the rates specified herein, which is attached hereto and
made a part of this Agreement.
B. Contractor agrees to submit one (1) original and one (1) copy of all invoices, clearly indicating the
Agreement number, not more frequently than monthly in arrears to:
Name:
Office:
Address:
2. Budget Contingency Clause
David Morenberg, Lieutenant
Oceanside Area
435 La Tortuga Drive
Vista, CA 92081
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered
under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of
no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to
Contractor or to furnish any other considerations under this Agreement and Contractor shall not be
obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the
• State shall have the option to either cancel this Agreement with no liability occurring to the State or offer
an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
4. Rate Schedule
CHP agrees to pay Contractor, in accordance with Attachment 1, Agreement for Use of the Carlsbad
Safety Training Center (STC Between The City of Carlsbad and the California Highway Patrol, Exhibit
C, Fiscal Year 2023-24, Safety Training Center Facility Use Fees, monthly, in arrears, for use of the
Weapons Firing Range facility used by personnel assigned to the Oceanside Area office.
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
EXHIBITC
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit C Page 1 of 4
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
1 . APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services; if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding
or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have the right to
review and to copy any records and supporting documentation pertaining to the performance of
this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of
three (3) years after final payment, unless a longer period of records retention is stipulated.
Contractor agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to
such records. Further, Contractor agrees to include a similar right of the State to audit records
and interview staff in any subcontract related to performance of this Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and sa•;e harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contraetors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying ·.vork serviees, materials, or SUf:Jplies in eonnection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting to
any person, firm or corporation who may be injured or damaged by Contractor in the
performance of this Agreement. Attachment 1, Agreement for Use of the Carlsbad Safety
Training Center (STC) Between The City of Carlsbad and The California Highway Patrol, Terms
and Conditions, Section 3.4, Indemnification / Hold Harmless,
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be
deducted from any sum due the Contractor under this Agreement and the balance, if any, shall
be paid to the Contractor upon demand.
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit C Page 2 of 4
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in
the performance of this Agreement, shall act in an independent capaclty and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the
Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold
to the State regardless of whether the product meets the requirements of Public Contract Code
Section 12209. With respect to printer or duplication cartridges that comply with the
requirements of Section 12156(e), the certification required by this subdivision shall specify that
the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract's benefits to any person on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation and
treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit access
by representatives of the Department of Fair Employment and Housing and the awarding state
agency upon reasonable notice at any time during the normal business hours, but in no case
less than 24 hours' notice, to such of its books, records, accounts, and all other sources of
information and its facilities as said Department or Agency shall require to ascertain compliance
with this clause. Contractor and its subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining or other
agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in
the document CCC 04/2017 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIM ELI NESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit C Page 3 of 4
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall
comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2} "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 ( commencing with Section 16700} of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
(Contractor} Initial and Date
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon
demand, recover from the public body any portion of the recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid by the public body
as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the
assignee has not been injured thereby, or (b) the assignee declines to file a court action for the
cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200} of Part 5
of Division 9 of the Family Code; and
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit C Page 4 of 4
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department
17. UNENFORCEABLE PROVISION: ln the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of
this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt.
Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise {DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; ( 4) that all payments under the Contract have been made to the DVBE; and
(5) the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. &
Vets. Code§ 999.5(d); Govt. Code§ 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
SPECIAL TERMS AND CONDITIONS
EXHIBIT D
(Standard Agreement)
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Exhibit D Page 1 of 1
1. CHP reserves the right to cancel this Agreement with thirty (30) days advance written notice to Contractor.
2. Agreement may be amended by mutual written consent of the parties hereto.
3. In the event of an unforeseen emergency, CHP may cancel this Agreement without prior notice and without
compensation to Contractor.
4. Contractor acknowledges that CHP is self-insured.
5. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO} regarding Economic
Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions
imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions
imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from
entering a·ny new contracts with, individuals or entities that are determined to be a target of Economic
Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is
conducting prohibited transactioris with sanctioned individuals or entities, that shall be grounds for
termination of thls agreement. The State shall provide Contractor advance written notice of such termination,
allowing Contractor at least thirty (30} calendar days to provide a written response. Termination shall be at
the sole discretion of the State. •
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
Attachment 1
(Standard Agreement)
Department of California Highway Patrol
and City of Carlsbad
Agreement #23C650000
Agreement for Use of the Carlsbad Safety Training Center {STC}
Between
The City of Carlsbad and The California Highway
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
14th November
USE24-2237FAC
AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC)
BETWEEN
THE CITY OF CARLSBAD AND THE CALIFORNIA HIGHWAY PATROL (CHP)
1. PARTIES AND DATE
This Agreement for use of the Carlsbad Safety Training Center (STC) ("Agreement") Is entered
into this _____ day of _______ _, 2023, by and between the City of Carlsbad, a
municipal corporation, organized under the laws of the State of California, with its principal place of
business at 5750 Orion Street, Carlsbad, California 92010 ("City"), and California Highway Patrol (CHP)
with its principal place of business at 435 la Tortuga Drive, Vista, California 92081 {"Agency").City and
Agency are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS
2.1 Agency desires to use certain City facilities located at 5750 Orion Street in the City of
Carlsbad, California, known as the Carlsbad Safety Training Center ("STC Facilities"); and
2.2 Agency desires to use the STC Facilities for the purposes of Firearms Training and other
Law Enforcement Training Activities on or about December 1, 2023 (Training Events").
2.3 City is willing to allow the Agency to use the STC Facilities pursuant to the terms and
conditions in this Agreement.
3. TERMS AND CONDITIONS
3.1 STC Facilities. City agrees to allow Agency to use the STC Facilities pursuant to this
Agreement including the conditions, requirements, and fees as described in Exhibit "A," Exhibit "B,"
Exhibit "C," and applicable STC Standard Operating Procedures ("SOP"), as may be amended from time
to time by the City at its sole and absolute discretion, all as incorporated herein by this reference. The
STC Facilities are subject to the needs of the City and as such the Agency's use of STC Facilities may be
cancelled by the City at any time. In the event City determines, in its sole and absolute discretion, that
the STC Facilities are needed for any City purposes, the Agency shall immediately vacate the STC
Facilities upon notice by the City. It will also be understood that the STC Facilities will be made available
on an "as is" basis.
3.2 Training Events. Agency represents and warrants that all attendees, participants,
students, observers, instructors and any other persons brought to the STC Facilities by the Agency
("Agency Invitees") are qualified to participate in the Training Events, and use of the STC Facilities. The
City retains the discretion to terminate this Agreement and requires all Agency Invitees to immediately
vacate the STC Facilities if the Training Events or anyone's participation in the Training Events poses any
kind of threat or liability to the City, the public, Agency Invitees or anyone else. Agency Invitees shall not
be considered an employee or agent of City for any purpose related to the Training Events.
3.3 Release of Liability / Assumption of Risk. In consideration of the City's Agreement to
allow the Agency to use the STC Facilities, the Agency, on behalf of itself and its elected officials
(appointed and elected), officers, employees, contractors, agents, volunteers, students, and all Agency
Invitees hereby release and forever discharge the City and each of its elected officials (appointed and
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USE24-2237FAC
elected), officers, employees, contractors, agents, and volunteers from any and all known and unknown,
certain or contingent, past, present or future obligations, liabilities, demands, claims, costs, expenses,
debts, controversies, damages, actions, and causes of action of every nature, character, or description
which they may have against the City, arising from or in any way related to the Training Events, use of
STC Facilities or this Agreement. Furthermore, Agency assumes all risks associated with using the STC
Facilities for the Agency's purposes, including but not limited to inspections of the facility prior to and
after use, determination that the facilities "as is" status is appropriate for the Agency's Training Events,
supervision and control of all Agency Invitees involved in the Agency's use of the STC Facilities including
Agency Invitees, members of the general public and anyone else exposed during the period of time the
Agency is using the STC Facilities.
AGENCY HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS
SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY."
BY SIGNNING BELOW, AGENCY HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN
CONNECTION WITH THE RELEASED MATTERS.
Signature of Agency Representative
Printed Name of Agency Representative
3.4 Indemnification / Hold Harmless. Agency shall indemnify, defend and hold harmless
City, its elected officials (appointed and elected), officers, employees, contractors, agents, and
volunteers ("Indemnified Parties") from and against any and all claims, damages, demands, liability,
costs, losses and expenses, including, without limitation, court costs and reasonable attorneys' fees and
costs, arising out of, in connection with or in any way related to Agency's actions or inactions related to
this Agreement, including without limitation any actions or inactions related to use of STC Facilities or
the Training Events, to the fullest extent permitted by law.
3.5 Assumption of Risk Agreement and Participant Release. Agency shall ensure that all
Agency Invitees observing or participating in the Training Events sign and execute a release, substantially
in the same form as set forth in the attached Exhibit "B," incorporated by this reference ("Participant
Release"). No one shall attend or participate in the Event or use the STC Facilities without signing and
executing a Participant Release also commonly known as a Hold Harmless Agreement.
3.6 Insurance. Agency shall, at its sole expense, procure and maintain for the duration of its
obligations under this Agreement insurance against claims for injuries to persons or damages to
property which may arise from or be in connection with the STC Facilities and the Training Events or
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activities conducted by the Agency, its elected officials, officers, employees, contractors, agents,
volunteers, students, and Agency Invitees. The insurance shall take the form of a commercial general
liability policy or approved self-funding agreement, to include bodily injury, personal injury, and
property damage coverage, written on an occurrence basis with a company reasonably acceptable to
the City, in an amount not less than Two Million Dollars ($2,000,000) to cover any activities performed
by any person under the permission granted herein and any damage or loss suffered or incurred by the
City, Its elected officials, officers, employees, contractors, agents, and volunteers resulting from such
activity. The insurance will be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus
Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". Agency shall
maintain Workers Compensation coverage in the statutorily required amounts, if applicable. Agency
shall require its insurer to waive all rights of subrogation against City, its elected officials, officers,
employees, contractors, agents, and volunteers, except for any liability resulting from the willful
misconduct or grossly negligent acts of City. The Agency will provide evidence of such insurance
coverage to City's satisfaction prior to initiating the Training Events. The Agency shall cause all such
policies to be endorsed to add the City, its elected officials, officers, employees, contractors, agents, and
volunteers as Additional lnsured's. Agency's self-funded programs will be required to provide evidence
that meets City's requirements as determined at the sole and absolute discretion of the City.
3.7 Governmental Approvals. Agency shall or has obtained all necessary and applicable
federal, state and local approvals, certifications, and permits to conduct the Training Events prior to use
of STC Facilities. City reserves the right to require Agency to provide proof regarding these approvals,
certifications, and permits, if applicable.
3.8 Scheduling of Facility/ Cancellations. Agency may schedule use of the City's Facilities on
an "as available," "first come first served" basis by contacting the City's Facility Manager. In the event
Agency is unable to use its allotted time(s), it shall, contact the City's Facility Manager within ten {10)
business days. Agency will be invoiced for hours scheduled not actual hours used if sufficient notice for
cancellation is not provided.
3.9 Term of Agreement. The term of this Agreement shall commence December 1, 2023,
through November 30, 2026. It is also understood that the City may terminate this Agreement at any
time for any or no reason. ,
3.10 Payments for Use of STC Facilities. City shall invoice Agency on an hourly fee based upon
Agency scheduling and use of STC Facilities. All STC Facility use fees shall be in accordance with the STC
Facility fee table which may be amended by the City from time to time. Agency shall remit payment in
full to the attention of City of Carlsbad, 1635 Faraday Avenue, Carlsbad, California 92008, within thirty
days (30) days of receipt of such invoice. A late charge equivalent to 5% of the unpaid balance shall be
assessed on all accounts ten {10) or more days past due. Agency shall be liable for the payment at the
full cost of the use of the STC Facilities for the hours scheduled for Training Events whether or not
Agency subsequently uses the STC Facilities or not.
3.11 Accidents I Damage Investigations. The Agency Safety Officer, as such person is
described in the STC Facilities Standard Operating Procedures (SOP), shall immediately report any injury
or non-injury accidents, equipment damage and/or negligent firearm discharges immediately to the City
Facility Manager. The Parties agree to fully and promptly cooperate in the investigations of injury or
non-injury accidents, equipment damage and/or negligent firearm discharges arising from Agency's use
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of the STC Facilities. The City's Facility Manager will coordinate such investigations for the purpose of
determining cause, responsibility and any physical or operational modifications or improvements
deemed necessary to improve facility safety. In the event damage to the STC Facility requires repair
and/or replacement, City shall affect such repair and present to the Agency an invoice for the cost of the
repairs/replacement plus 5% {five percent) for City administrative costs. Agency shall remit payment in
full to the attention of City of Carlsbad, 1635 Faraday Avenue, Carlsbad, California 92008, within thirty
days (30) days of receipt of such invoice. A late charge equivalent to 5% of the unpaid balance shall be
assessed on all accounts ten {10) or more days past due.
3.12 Facility Inspections/ Cleanup. The Parties will conduct a joint inspection of STC Facilities
before and after use. All damages will be annotated on inspection sheets provided by the City's Facility
Manager to Agency. Agency shall be responsible for general cleanup of the STC Facilities following its
use of the same. For purposes of this Agreement, "cleanup" for STC Facilities will be described in further
detail in the STC Facilities SOP.
3.13 Notices. Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement to be served on or given to either party to this
Agreement shall be in writing and s·hall be deemed duly served or given when personally delivered to
the party to whom it is directed or to any managing or executive officer or director of that party in lieu
of personal service when deposited in the United States mail, first class postage prepaid, addressed as
follows:
If ta Agency:
California Highway Patrol
Business Services Section/Contract Services Unit
601 North 7th Street, Bldg. B
Sacramento, CA 95811
lfto City:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn: Janean Hawney
Contract Administration
With copy to:
Office of the City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
3.14 Survival. Agency's obligations to release, indemnify, defend, and hold harmless the
Indemnified Parties as set forth in Section 3.4, shall survive expiration or termination of the term of this
Agreement and shall remain in effect until there is no risk to the City of any liability for any claims or
losses due to the use of the STC Facilities for the Training Events.
3.15 Interpretation. The provisions of this Agreement are intended by the Parties to be
interpreted and construed to provide the fullest protection possible under the law to the City.
3.16 Selection of Counsel. Agency's obligation to indemnify the Indemnified Parties under
this Agreement shall include the obligation of the Agency to defend the City with legal counsel of City's
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own choosing. In the event City elects not to select such counsel, the designation of such counsel shall
be made by the Agency but shall be subject to prior approval by City.
3.17 Entire Agreement. This written document contains the entire agreement of the Parties
and supersedes any prior oral or written statements or agreements between. the Parties. No
supplement, modification, or amendment of this Agreement shall be binding unless executed in writing
by the Parties.
3.18 Waiver and Severability. No waiver of any default shall constitute a waiver of any other
breach or default, whether of the same or of any other covenant or condition. No waiver, benefit,
privilege or service voluntarily given or performed by either Party shall give the other party any
contractual right by custom, estoppel or otherwise. If any provision of this Agreement is invalid or
unenforceable with respect to any Party, the remainder of this Agreement or the application of such
provision to persons other than those as to whom it is held invalid or unenforceable, shall not be
affected and each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
3.19 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original and which collectively shall constitute one instrument.
3.20 Authority; Binding on Successors and Assigns. Each Party warrants that the individuals
who have signed this Agreement have the legal power, right, and authority to enter into this Agreement
and bind each respective Party. This Agreement shall be binding on and inure to the benefit of the
successors and permitted assignees of the respective Parties. Notwithstanding the foregoing, this
Agreement may not be assigned by Agency unless City consents in writing to such assignment.
3.21 Governing Law and Venue. This Agreement shall be governed by the laws of the State
of California. Any action to interpret or enforce this Agreement shall be brought and maintained
exclusively in the courts of and for San Diego County, California.
[SIGNATURES ON NEXT PAGE]
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4. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it, on behalf of Agency,
each represent and warrant that they have the legal power, right and actual authority to bind Agency to
the terms and conditions of this Agreement.
CITY OF CARLSBAD
By: .j ~ R.. "Wv., ~ Attest: __________ _
Scott Chadwick, City Manager for Sherry Freisinger, City Clerk
If required by City, proper notarial acknowledgment of execution by Agency must be attached. If a corporation,
Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
AGENCY ~
By @\
Name (Print)
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
Group B
Secretary,
Assistant Secretary,
CFO, or Assistant Treasurer
By:
Signature
Name (Print)
Title (Print)
By: _bt_-lAA-__ ft~ __ {), ______ _
Deputy City Attorney
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EXHIBIT "A,,
SAFETY TRAINING CENTER FACILITY DESCRIPTION,
CAPABILITIES AND LOCATION
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1. The Carlsbad Safety Training Center {STC} is a four-acre facility that provides training resources
which can replicate emergency scenarios and high-risk training events that Joint First
Responders may encounter when conducting public safety operations. The STC Facilities are
predominantly used by firefighting and law enforcement agencies to maintain and enhance their
First Responder capabilities and to increase the readiness of internal public safety networks. The
training conducted at this facility is crucial to building a rapid and capable First Responder
Agency that can respond to emergencies within the City of Carlsbad and outlying cities.
2. The STC Facilities consists of a primary training building which houses two indoor shooting
ranges (25 yards and 100 yards), multiple storage areas, and three classrooms with audio visual
systems, and a training room for computer generated training scenarios. The outside areas of
the facility consist of a residential live fire burn prop, four story commercial tower with multiple
live fire burn props, confined space training area, trench extrication area, vehicle extrication
area, city streetscape, emergency vehicle training area (grinder), parking, and various
equipment storage areas that house City of Carlsbad Police and Fire related equipment.
3. General Location Information:
a. The STC is located at 5750 Orion Street, Carlsbad, California 92010.
b. U.S. Geological Survey {USGS) Information:
-Map Sheet: San Luis Rey Quadrangle, California-San Diego (7.5 Minute Series)
-Latitude and Longitude: N 33° 8' 16.106" W 117° 16' 0.397"
-Grid Reference System {10-digit/WGS-84 Datum): 11S MS 75118 66596
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EXHIBIT "B"
PARTICIPANT RELEASE
(HOLD HARMLESS CERTIFICATION)
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I, ________________ {print name), have voluntarily requested that
the City of Carlsbad {"City") allow me to use or observe the use of the facilities at the Carlsbad Safety
Training Center and/or the various safety training apparatus located at 5750 Orion Street, Carlsbad,
California, 92010, known as the Carlsbad Safety Training Center ("STC Facilities"), for the purposes of
Firearms Training and other Law Enforcement Training Activities on or about _______ _
("Training Events"). I hereby acknowledge, understand and agree that the City is allowing the use of said
STC Facilities for my sole benefit. I also acknowledge, understand and agree that by using STC Facilities 1
may be exposed to risks of damage to my person or property, including, but not limited to, personal
property damage, personal bodily injury, mental or psychological effects, gunshot wounds, small
explosions, strikes from bullet fragments and shell casings, falls from high structures, trip and snag
hazards, falls on wet surfaces, lead contamination, falling debris, motor vehicle accidents, and/or other
known and unknown hazards that may result in serious bodily injury or death. I understand,
acknowledge and agree that such serious bodily injury or death may be caused, either directly or
indirectly, in whole or in part, by the fact that I am present upon the STC Facilities site whether or not I
may be participating in or observing a Training Event.
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am fully aware of the risks and
hazards inherent in using or observing the use of STC Facilities or participating in a Training Events, and I
hereby accept and assume full responsibility for any and all risks of damage, injury, effects or death
resulting to me or my property while using or observing the use of the STC Facilities, or participating in a
Training Event, or resulting from the use or condition of STC Facilities, whether or not using STC
Facilities, and whether or not the risks are known or unknown to me or to City. ___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE, in consideration for the City allowing me
to use or observe the use of STC Facilities or to participate in the Training Events, that I, my personal
representatives, heirs, next-of-kin and assigns (collectively the "Releasors") hereby release, waive,
discharge, and covenant not to sue or bring any claim or demand, whether administrative, judicial or
otherwise, against the City and its elected officials (appointed and elected), officers, employees,
contractors, agents, and volunteers for any and all liability from and for any loss or damage to me or the
other Releasers, and from and for any claims or demands therefor on account of injury to the person or
property of me or the other Releasers, including, but not limited to, personal property damage, personal
bodily injury, mental or psychological effects, or death, whether caused by the negligence or willful
misconduct of me, the City, other participants in the Training Events, or anyone else while I participate
in the Training Events, or the condition of STC Facilities and whether or not using STC Facilities, and
whether or not the risks are known or unknown to me or the City. ___ {Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to release on my behalf and on behalf of
the Releasors any and all unknown claims. I understand and agree that the released claims include not
only claims presently known to _me and/or the Releasers, but also include all known and unknown,
suspected and unsuspected, claims, rights, demands, actions, obligations, liabilities, and causes of action
of every kind and character that would otherwise come within the scope of the claims released herein. I
understand that I and/or the Releasers may hereafter discover facts different from what I/they now
believe to be true, which if known, could have materially affected the terms of this release, waiver,
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indemnity and hold harmless certification, but we (the Releasors and I) nevertheless waive and
relinquish any claims or rights based on such different or additional facts. With respect to the released
claims, I knowingly and voluntarily waive and relinquish any and all rights or benefits that I and/or the
Releasors may now have, or in the future may have, under the terms of Section 1542 of the California
Civil Code, which provides as follows:
"A general release does not extend to claims which the creditor or
releasing party does not know or suspect to exist in his or her favor at
the time of executing the release and that, if known by him or her,
would have materially affected his or her settlement with the debtor or
released party.''
___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE to defend, indemnify, save and hold free
and harmless the City and its elected officials, offlcers, employees, contractors, agents, and volunteers
from any and all liability from loss, damage, cost or injury, including death, to any property or persons,
including third parties, in any manner arising out of or incident to any acts, omissions or willful
misconduct of me while I participate in the Training Events, whether while using STC Facilities, including
without limitation the payment of attorneys' fees and costs (with attorneys of City's choosing, in its sole
and absolute discretion). Further, I shall defend at my own expense, including attorneys' fees and costs
(with attorneys of City's choosing, in its sole and absolute discretion), the City and its elected officials,
officers, employees, contractors, agents, and volunteers in any action or proceeding, legal,
administrative. or otherwise, based upon such acts, omissions or willful misconduct. ___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that this release, waiver, indemnity and
hold harmless certification is intended to be as broad and inclusive as is permitted by the laws of the
State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall,
n'otwithstanding, continue in full legal force and effect. ___ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I have read, understand, and
voluntarily sign this release, waiver, indemnity and hold harmless certification and have had the
opportunity to review this certification with legal counsel, and I agree that no oral representations,
statements or inducements apart from the foregoing written certification have been made, and I further
agree this certification shall be binding on me and my personal representatives, heirs, assigns and next-
of-kin. __ (Initial)
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am age 18 or older, and that I will
strictly abide by all safety requirements and other instructions given to me by any and all City personnel
and/or agency instructors at all times during my presence on the STC site and during my participation in
any Training Events or use of STC Facilities. ___ (Initial)
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I HAVE CAREFULLY READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS RELEASE,
WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION. I UNDERSTAND THAT I AM GIVING UP
VALUABLE LEGAL RIGHTS BY SIGNING THIS RELEASE, WAIVER, INDEMNITY AND HOLD HARMLESS
CERTIFICATION. I HAVE AGREED TO SIGN THIS CERTIFICATION OF MY OWN FREE WILL. I UNDERSTAND
THAT I MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THIS RELEASE,
WAIVER, INDEMNITY AND HOLD HARMLESS CERTIFICATION BEFORE SIGNING.
PARTICIPANT SIGNATURE:
By:
Signature
Printed Name
Date
Agency/Company Name
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EXHIBIT “C”
FISCAL YEAR 2023-2024
SAFETY TRAINING CENTER FACILITY USE FEES
One Shooting Range full day $ 1,344.00
One Shooting Range 1/2 day $ 672.00
Two Shooting Ranges full day $ 1,510.00
Two Shooting Ranges 1/2 day $ 789.00
Classroom full day $ 638.00
Classroom 1/2 day $ 365.00
Confined Space Prop full day $ 706.00
Confined Space Prop 1/2 day $ 353.00
Grinder full day $ 506.00
Grinder 1/2 day $ 295.00
Grinder/Commercial Prop (No Fire Ops) full day $ 731.00
Grinder/Commercial Prop (No Fire Ops) 1/2 day $ 365.00
Grinder/Residential Prop (No Fire Ops) full day $ 731.00
Grinder/Residential Prop (No Fire Ops) 1/2 day $ 365.00
PriSim (Training Simulator) full day $ 532.00
PriSim (Training Simulator) 1/2 day $ 266.00
Pump Draft Pit full day $ 426.00
Pump Draft Pit 1/2 day $ 213.00
Streetscape full day $ 178.00
Streetscape 1/2 day $ 130.00
Special Events Recovery ‐ Hourly hourly $ 59.00
Shooting Range ‐ Hourly hourly $ 136.00
Shooting Range Hazardous Waste Disposal Fees each $ 231.00
*Fees are subject to change by City Council adopted resolutions
**Fees effective Sept. 1, 2023
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95-6004793
Scott Chadwick, City Manager
San Diego
City of Carlsbad
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
11/13/2023
CCC 04/2017
CERTIFICATION
I FB #23C650000
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I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to
legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the
laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
s (j)H: CLiwirk.
Printed Name and Title of Person Signing
Date Executed I Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102)
(Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of
the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following
actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
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Failure to comply with these requirements may result in suspension of payments under the Agreement or
tennination of the Agreement or both and Contractor may be ineligible for award of any future State
agreements if the department determines that any of the following has occurred: the Contractor has
made false certification, or violated the certification by failing to carry out the requirements as noted
above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor ce1iifies that no more
than one (1) final unappealable finding of contempt of court by a Federal court has been issued against
Contractor within the immediately preceding two-year period because of Contractor's failure to comply
with an order of a Federal court, which orders Contractor to comply with an order of the National Labor
Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the
Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal
services during each year of the contract equal to the lessor of 30 multiplied by the number of full time
attorneys in the finn 's offices in the State, with the number of hours prorated on an actual day basis for
any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services,
and may be taken into account when determining the award of future contracts with the State for legal
services.
5. EXP ATRIA TE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation
or subsidiary of an expahiate corporation within the meaning of Public Contract Code Section 10286
and 10286.1 , and is eligible to contract with the State of California.
6. SWEA TFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been
laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured
labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor
further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth
on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public
Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records,
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to determine
the contractor's compliance with the requirements under paragraph (a).
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7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is
in compliance with Public Contract Code section 10295 .3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in
compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding
current or former state employees. If Contractor has any questions on the status of any person rendering
services or involved with the Agreement, the awarding agency must be contacted immediately for
clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer
or employee receives compensation or has a financial interest and which is sponsored or funded by any
state agency, unless the employment, activity or enterprise is required as a condition of regular state
employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any
state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or
employee may enter into a contract in which he or she engaged in any of the negotiations, transactions,
planning, arrangements or any part of the decision-making process relevant to the contract while
employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency
in a policy-making position in the same general subject area as the proposed contract within the 12-
month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this
Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other
than payment of each meeting of the board or commission, payment for preparatory time and payment
for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions
which require every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions
before commencing the performance of the work of this Agreement. (Labor Code Section 3 700)
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3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C.
12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as
listed on this Agreement. Upon receipt of legal documentation of the name change the State will process
the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of
said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be
verifying that the contractor is currently qualified to do business in California in order to ensure that all
obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the
purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to
taxation, rarely will a corporate contractor perfonning within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good
standing in order to be qualified to do business in California. Agencies will determine whether a
corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy
of a resolution, order, motion, or ordinance of the local governing body which by law has authority to
enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1)
in violation of any order or resolution not subject to review promulgated by the State Air Resources
Board or an air pollution control district; (2) subject to cease and desist order not subject to review
issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or
discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to
air or water pollution.
8. PA YEE DA TA RECORD FORM STD. 204: This form must be completed by all contractors that are
not another state agency or other governmental entity.
Governor Gavin Newsom
STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS’ COMPENSATION INSURANCE FISCAL YEAR JULY 1, 2023 / JUNE 30, 2024
To Whom It May Concern:
In accordance with Government Code section 11007.4, the State of California has
elected to be self-insured for liability exposures. Under this form of insurance, the State
and its employees acting in the course and scope of their employment are insured for
tort liability arising out of official State business. All claims against the State of California based on tort liability should be presented as a government claim to the Government
Claims Program (Gov Code section 900, et. seq.). File Government Claim for Eligible Compensation (ca.gov) | gcinfo@dgs.ca.gov
The State of California has also elected to be insured for its motor vehicle liability
exposures through the State Motor Vehicle Liability Self-Insurance Program (VELSIP). This
program provides liability coverage arising out of the operations of motor vehicles used
by state employees for official state business (California Vehicle Code Sections 17000 and 17001). Motor vehicle liability claims against the State of California should be
presented to the Office of Risk and Insurance Management, claims@dgs.ca.gov. If your motor vehicle liability claim is not resolved within six months from the date of loss,
California law requires you to file a formal claim with the Government Claims Program (Gov Code section 900, et. seq.). File Government Claim for Eligible Compensation
(ca.gov)
The State of California has a Master Agreement with the State Compensation Insurance
Fund regarding workers’ compensation benefits for all state employees, as required by
the Labor Code.
Sincerely,
Devon Lima-Mitchell
Insurance Analyst
Office of Risk & Insurance Management
Tel: 279.799.3856
devon.limamitchell@dgs.ca.gov
For auto liability claim-related inquiries, please contact State Motor Vehicle Liability Self-Insurance Program (VELSIP) Tel 800.900.3634 | claims@dgs.ca.gov
For all other, non-auto liability claim inquiries, please contact Government Claims Program Tel (800) 955-0045 | gcinfo@dgs.ca.gov
For an updated letter of self-insurance, please email request to riskmanagement@dgs.ca.gov
Office of Risk and Insurance Management | State of California | California Government Operations Agency 707 Third Street, Third Floor | West Sacramento, CA 95605 | (916) 376-5000 | www.dgs.ca.gov
DocuSign Envelope ID: 6825369B-BD98-4DC8-B16C-58AF6B1F993E
iJGS CALIFORNIA DEPARTMENT OF
GENERAL SERVICES