HomeMy WebLinkAboutC-7832-1 - Agreement for Use of the Carlsbad Safety Training Center (STC)I
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V AGREEMENT FOR USE OF THE CARLSBAD SAFETY TRAINING CENTER (STC)
BETWEEN
THE CITY OF CARLSBAD AND THE CITY OF NEWPORT BEACH
1. PARTIES AND DATE
This Agreem ng t for use of the Carlsbad Safety Training Center (STC) ("Agreement") is
entered into this 1 day of iVl0,)_ l� , -a�b4, 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
Newport Beach Police Department with its principal place of business at 870 Santa Barbara
Drive, Newport Beach, California 92660 ("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 during dates and times arranged 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 set forth below.
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.
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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, officers, employees, contractors, agents, volunteers, students, and all Agency
Invitees hereby releases and forever discharges the City and each of its elected officials,
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 WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
BY SIGNNING BELOW, AGENCY HEREBY WAIVES THE PROVISIONS OF
SECTION 1542 IN CONNECTION WITH THE R EASED MATT .
, C ill
Aaron C. Harp
City Attorney, City of Newport Beach
3.4 Indemnification / Hold Harmless. Agency shall indemnify, defend and hold
harmless City, its elected officials, 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
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the Training Events or 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
"AX'. 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
Insured'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 upon
execution of this Agreement by City, and shall terminate five (5) years from the date of
commencement. It is also understood that either party 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
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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. 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.
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 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:
Newport Beach Police Dept.
Attn: Mr. Vince Kyzer
Range Master
870 Santa Barbara Drive
Newport Beach, CA 92660
If to City:
City of Carlsbad
Attn: Janean Hawney
Contract Administration
1635 Faraday Avenue
Carlsbad, CA 92008
3.14 Survival. Agency's obligations to release, indemnify, defend, and hold harmless
the City as set forth in this Agreement, 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 City 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.
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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 he 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, a represent and warrant that they have the legal power, right and actual authority to
bind Ag cyILSBAD
the terms and conditions of this Agreement.
CITY CA _
By: Attest: -
Sco C wick arbara Engleson
City Manager City Clerk
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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice -President CFO, or Assistant Treasurer
AGENCY
APPROVED AS TO FORM:
CITY ATTOR EY'S OFFIC
By:
Aa on C. Harp (AM m hwtto
City Attorney
ATTEST
By: 1.01101, ",111150WAlkl—
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By: XLLA�
Assistant City Attorne
CITY OF NEWPORT BEACH,
a California mu icipal orp tion
p
By:
J . Lewis
lice Chief
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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.
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, CA 92010.
b. U.S. Geological Survey (USGS) Information:
-Map Sheet: San Luis Rev Quadrangle, California -San Diego (7.5 Minute Series)
-Latitude and Longitude: N 330 8' 16.106" W 1170 16' 0.397"
-Grid Reference System (10-digitANGS-84 Datum): 11 S 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 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 1, 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, 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,
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could have materially affected the terms of this release, waiver, indemnity and hold harmless
certification, but we (the Releasors and 1) nevertheless waive and relinquish any claims or rights
based on such different or additional facts. With respect to the released claims, -1 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
does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
(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 ff 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 2019-2020
Safety Training Center Facility Use Fees
One Shooting Range — Full Day
$1,140
One Shooting Range — Half Day
$570
Two Shooting Ranges — Full Day
$1,280
Two Shooting Ranges — Half Day
$670
Classroom — Full Day
$540
Classroom — Half Day
$310
Confined Space Prop — Full Day
$600
Confined Space Prop — Half Day
$300
Grinder — Full Day
$430
Grinder — Half Day
$250
Grinder/Commercial Prop (No Fire Ops) — Full Day
$620
Grinder/Commercial Prop (No Fire Ops) — Half Day
$310
Grinder/Residential Prop (No Fire Ops) — Full Day
$620
Grinder/Residential Prop (No Fire Ops) — Half Day
$310
PriSim (Training Simulator) — Full Day
$500
PriSim (Training Simulator) — Half Day
$250
Pump Draft Pit — Full Day
$400
Pump Draft Pit — Half Day
$200
Streetscape — Full Day
$150
Streetscape — Half Day
$110
Special Event Recovery — Hourly
$50
Shooting Range — Hourly
$115
*Fees are subject to change by City Council adopted resolution.
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11
CERTIFICATE NO.
ISSUE DATE (MM/DD/YYYY)
131-1-8473 AI
CERTIFICATE OF COVERAGE
02/13/2020
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CSAC Excess
ERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR
Insurance
LTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE
Authority
ONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
ERTIFICATE HOLDER.
CIO ALLIANT INSURANCE SERVICES, INC.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED and/or requesting a WAIVER OF
PO BOX 6450
NEWPORT BEACH, CA 92658.6450
SUBROGATION, the Memorandums of Coverage must be endorsed. A statement on this certificate does
not confer rights to the certificate holder in lieu of such endorsement(s).
PHONE (949) 756-0271 / FAX (619) 699-0901
COVERAGE A - CSAC Excess Insurance Authority
ty
LICENSE #OC36861
Member:
COVERAGE
CITY OF NEWPORT BEACH
AFFORDED B
ATTN: BARBARA SALVINI
COVERAGE
100 CIVIC CENTER DR
AFFORDED C
NEWPORT BEACH, CA 92660
COVERAGE
AFFORDED D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR
THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF COVERAGE
MEMORANDUM
COVERAGE EFFECTIVE
COVERAGE EXPIRATION
LIABILITY LIMITS
LTR
NUMBER
DATE (MM/DD/YYYY)
DATE (MM/DD/YYYY)
A
Xl Excess General Liability
EIA PE 19 EL -89
07/01/2019
07/012020
$2,000,000
Limits indusive of the Members
Self -Insured Retention of
$500,000
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS AGREEMENT BETWEEN CITY OF NEWPORT BEACH AND CITY OF CARLSBAD FOR USE OF THE CARLSBAD SAFETY
TRAINING CENTER.
CITY OF CARLSBAD, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND VOLUNTEERS ARE INCLUDED AS
ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.
THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST THE ADDITIONAL COVERED PARTY(IES) PURSUANT TO
ENDORSEMENT NUMBER U-8.
Cancellation
Certificate Holder
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE W L BE DELIVERED IN ACCORDANCE
WTH THE MEMORANDUMS OF COVERAGE PROVISIONS.
CITY OF CARLSBAD
5750 ORION STREET
AUTHORIZED REPRESENTATIVE
CARLSBAD, CA 92010
CSAC EXCESS INSURANCE AUTHORITY
PAGE 1 OFT
ENDORSEMENT NO. U-1
CSAC EXCESS INSURANCE AUTHORITY
GENERAL LIABILITY 1
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the'Covered Party, Covered Persons or Entities" section of the Memorandum is amended
to include the person or organization named on the Certificate of Coverage, but only with respect to liability
arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the
Member or such person or organization so designated.
Coverage provided under this endorsement is limited to the lesser of the limits stated on the Certificate of
Coverage or the minimum limits required by contract.
ADDITIONAL COVERED PARTY:
NAME OF PERSON OR ORGANIZATION SCHEDULED PER ATTACHED CERTIFICATE OF COVERAGE
AS RESPECTS:
PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that nothing herein shall act to increase the Authority's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Effective Date:
Issued to: ALL MEMBERS
Issue Date: June 28, 2019
Authorized Representati
CSAC Excess Insurancethority
Memorandum No.: EIA 19 EL -00
PAGE 2 OF 2
ENDORSEMENT NO. IU-
CSAC EXCESS INSURANCE AUTHORITY
GENERAL LIABILITY 1
AMENDATORY ENDORSEMENT - WAIVER OF SUBROGATION
It is understood and agreed that Condition 8. SUBROGATION, of the Memorandum to which it
is attached, is deleted in its entirety and replaced by the following:
8. SUBROGATION
The Authority shall be subrogated to the extent of any payment hereunder to all the covered
party's rights of recovery therefore; and the covered party shall do nothing after loss to
prejudice such rights and shall do everything necessary to secure such rights. Any amount so
recovered shall be apportioned as follows:
Any interest (including the covered party's) having paid an amount in excess of the self-
insured retention, plus the limit of liability, hereunder shall be reimbursed first to the extent of
actual payment. The Authority shall be reimbursed next to the extent of its actual payment
hereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered
party. The expenses of all such recovery proceedings shall be apportioned in the ratio of
respective recoveries. If there is no recovery in proceedings conducted solely by the Authority,
it shall bear the expenses thereof.
Notwithstanding the above, the Authority waives its rights of subrogation against any person or
organization with whom the covered party has entered into a written agreement that includes
a waiver of subrogation, but only if the agreement is in effect before the injury, damage or
liability occurs.
It is further agreed that nothing herein shall act to increase the Authority's limit of liability.
This endorsement is part of the Memorandum and takes effect on the effective date of the
Memorandum unless another effective date is shown below. All other terms and conditions
remain unchanged.
Effective Date: Memorandum No.: EIA 19 EL -00
Issued To: ALL MEMBERS
Issue Date: June 28, 2019
Authorized Represntative
CSAC Excess Insur a hority
CERTIFICATE NO.
ISSUE DATE(MM/DD(YYYY)
WC -3282
CERTIFICATE OF COVERAGE
02/13/2020
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO
CSAC Excess Insurance
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY
OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS
CERTIFICATE OF COVERAGE DOES NOT CONSTITITUE ACONTRACT BETWEEN THE
Authority
ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER
C/O ALLIANT INSURANCE SERVICES, INC.
IMPORTANT: If the certificate holder is requesting a WAIVER OF SUBROGATION, the
PO BOX 6450
NEWPORT BEACH, CA 92658-6450
Memorandums of Coverage must be endorsed. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
PHONE (949) 756-0271 / FAX (619) 699-0901
COVERAGE
LICENSE#OC36861
AFFORDED BY: A - See attached schedule of Insurers
Member:
COVERAGE
CITY OF NEWPORT BEACH
AFFORDED BY: B
ATTN: BARBARA SALVINI
COVERAGE
100 CIVIC CENTER DR
NEWPORT BEACH, CA 92660
AFFORDED BY: C
COVERAGE
AFFORDED BY: D
Coverages
THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE AND POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER
NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED
BY THE MEMORANDUMS AND POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF
SUCH MEMORANDUMS AND POLICIES.
CO
TYPE OF COVERAGE
MEMORANDUM/
COVERAGE EFFECTIVE
COVERAGE EXPIRATION
LIABILITY LIMITS
LTR
POLICYNUMBER
DATE(MMIDD/YYYY)
DATE(MWDDNYYY)
A
EXCESSWORKERS'
See attached
07/01/2019
07/01/2020
WORKERS'COMPENSATION:
COMPENSATION 8
Schedule of Insurers
Difference between
EMPLOYER'S LIABILITY
for policy numbers
Statutory and Members
$500,000 Retention
EMPLOYERS' LIABILITY:
Difference between
$5,000,000 and Member's
Retention
LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED.
Description of Operations/Locations/Vehicles/Special Items:
AS RESPECTS EVIDENCE OF COVERAGE BETWEEN CITY OF NEWPORT BEACH AND CITY OF CARLSBAD FOR USE OF THE CARLSBAD
SAFETY TRAINING CENTER.
THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF CARLSBAD PURSUANT TO ENDORSEMENT NUMBER U-4.
Cancellation
Certificate Holder
SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS OF COVERAGE/POLICIES
BE CANCELLED BEFORE THE EXPIRATION THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE MEMORANDUMS OF COVERAGE/POLICIES PROVISIONS.
CITY OF CARLSBAD
AUTHORIZED REPRESENTATIVE
5750 ORION STREET
CARLSBAD, CA 92010
CSAC EXCESS INSURANCE AUTHORITY
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION PROGRAM
2019/2020 SCHEDULE OF INSURERS
CITY OF NEWPORT BEACH
PROVIDER
MEMORANDUM/
POLICY NUMBER
LIMIT
CSAC Excess Insurance Authority
EIA PE 19 EWC-133
Workers' Compensation:
$50,000,000 each accident/each employee
for disease
(Difference between $50,000,000 and the
individual member's retention)
Employers' Liability:
$5,000,000 each accident/each employee
for disease
(Difference between $5,000,000 and the
individual member's retention)
Liberty Insurance Corporation
EW7-64N-444785-019
Statutory each accident/each employee
for disease excess of
$50,000,000
ENDORSEMENT NO. U-4
CSAC EXCESS INSURANCE AUTHORITY
EXCESS WORKERS' COMPENSATION
WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section VIII. SUBROGATION of the CONDITIONS section of the
Memorandum of Coverage is deleted in its entirety and replaced by the following:
VIII. SUBROGATION: In the event of any payment under this Memorandum, the Authority shall be
subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore,
and the Covered Party shall execute all papers required and shall do everything that may be
necessary to secure such rights. Any amount recovered as a result of such proceedings, together
with all expenses necessary to the recovery of any such amount shall be apportioned as follows: The
Authority shall first be reimbursed to the extent of its actual payment hereunder. If any balance then
remains, said balance shall be applied to reimburse the Covered Party. The expenses of all
proceedings necessary to the recovery of such amount shall be apportioned between the Covered
Party and the Authority in the ratio of their respective recoveries as finally settled. If there should be
no recovery in proceedings instituted solely on the initiative of the Authority, the expenses thereof
shall be borne by the Authority.
However, in the event of any loss payment under this Memorandum for which you have waived the
right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our
right of recovery but only with respect to such loss.
It is further agreed that nothing herein shall act to increase the Authority's limit of indemnity.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of
the Memorandum of Coverage unless another effective date is shown below. All other terms and
conditions remain unchanged.
Effective Date:
Issued to: ALL MEMBERS
Issue Date: June 28, 2019
Authorized Represent tive
CSAC Excess Insurance y
Memorandum No.: EIA 19 EWC-00