HomeMy WebLinkAboutThe United States Coast Guard; 2024-05-14; USE24-2418FACUSE24-2418FAC
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AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC)
BETWEEN
THE CITY OF CARLSBAD
AND
THE UNITED STATES COAST GUARD
1. PARTIES AND DATE
This Agreement for use of the Carlsbad Safety Training Center (STC) (“Agreement”) is entered into
this _________ day of __________________, 2024, by and between the City of Carlsbad, a municipal
corporation organized under the laws of the State of California with its relevant place of business at 5750
Orion Street, Carlsbad, California 92010 (“City”), and the United States Coast Guard an agency of the
federal government with its principal place of business at TACLET Pacific, 3400 Guadalcanal Avenue, San
Diego, California 92140 (“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 conducting firearms and other
law enforcement training activities on a recurring basis as agreed between the Parties (“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 the 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.
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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
releases and forever discharges the City and each of its elected officials (appointed and 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 RELEASING
PARTY.”
BY SIGNNING BELOW, AGENCY HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN
CONNECTION WITH THE RELEASED MATTERS.
_____________________________
Signature of Agency Representative
CDR Christjan C. Gaudio ____
Printed Name of Agency Representative
3.4 Indemnification / Hold Harmless. To the extent permitted by federal law, including but not
limited to the Federal Tort Claims Act and other applicable statutes and regulations, 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
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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. The Federal Government is self-insured. Agency will provide a signed
Government Self-Insurance Letter.
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 upon execution of this
Agreement by City, and shall terminate five (5) years from the date of commencement. 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, CA 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 / 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 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. To the extent permitted by federal law, the Agency will
promptly consider and process for payment such invoiced costs.
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.
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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 shall 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 to Agency:
Tim Myerson, CW03, Training Officer
United States Coast Guard
TACLET Pacific
34000 Guadalcanal Avenue
San Diego, CA 92140
If to City:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn:
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. Subject to the limitations identified in paragraph 3.4, Agency’s
obligation to indemnify the Indemnified Parties under this Agreement shall include the obligation of the
Agency to defend City with legal counsel of City’s 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.
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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 following page]
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CITY OF CARLSBAD
By: Attest:
Scott Chadwick, City Manager for Sherry Freisinger, City Clerk
AGENCY
By: By:
Signature Signature
CDR Christjan C. Gaudio By:
Name (print) Name (print)
By: Commanding Officer By:
Title (print) Title (print)
APPROVED AS TO FORM
CINDIE K. McMAHON, City Attorney
By:
Assistant City Attorney
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EXHIBIT “A”
SAFETY TRAINING CENTER FACILITY DESCRIPTION,
CAPABILITIES AND LOCATION
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.
1. 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
consists 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.
2. General Location Information:
a. The STC is located at 5750 Orion Street, Carlsbad, CA 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)
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 conducting
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 I
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 Releasors, and from and for any claims or demands therefor on account of injury to the person or
property of me or the other Releasors, 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 Releasors, 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 Releasors 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, officers, 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,
notwithstanding, 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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Commanding Officer Tactical Law Enforcement Team Pacific
Marine Corps Recruit Depot 34000 Guadalcanal Ave. San Diego, CA 92140 Phone: (619) 524-4553 Fax: (619) 524-8342 Email: Christjan.C.Gaudio@uscg.mil 5800 25 April 2024 MEMORANDUM
From: Christjan C. Gaudio, CDR CG TACLET Pacific
To: City Of Carlsbad Safety Training Center
Subj: CERTIFICATE OF SELF-INSURANCE Ref: (a) Carlsbad Safety Training Center Facility Use Agreement 1. This letter is in response to your request for proof of insurance from the U.S Coast Guard regarding usage of the City of Carlsbad Safety Training Center, pursuant to the Facilities Use
Agreement, reference (a). 2. As a federal agency and military service, the Coast Guard is a self-insured entity. The United States liability for damage or loss of property, personal injury or death resulting from the negligent actions of a U.S. Coast Guard member or employ acting within the scope of his or her
duties is determined in the manner prescribed by the Federal Tort Claims Act, 28 U.S.C §§ 2671-2680 and 28 U.S.C. § 1346.
3. The U.S Coast Guard appreciates your continued support. If you have any question s regarding this letter, please contact LCDR Laurence Chen at (619) 524-4452 or Laurence.S.Chen@uscg.mil.
#
GAUDIO.CHRISTJAN
.CODY.1018962809
Digitally signed by GAUDIO.CHRISTJAN.CODY.1018962809 Date: 2024.04.25 09:43:24 -07'00'
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U.S. Department o~· Homeland Security • ;•"~
United States
Coast Guard