You are now authorized to provide services.
Cover Letter_ 0119. xft
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
State of California— Transportation Agency GAVIN NEWSOM, Governor Business Services Section
Contract Services Unit
601 N. 7th Street
Sacramento, CA 95811
916) 843-3610
800) 735-2929 TT/TDD)
800) 735-2922 Voice)
January 31, 2025
Subject: Agreement Number 24C325000-0
City of Napa Police Department
1539 First Street
ContractAnalyst
KELLIE AU
Enclosures
Contract status.
CHP 78V, Conflict of Interest & CHP 116, Darfur Certification STD. 213, Standard Agreement with attachedexhibits. Sign the first page of the STD. 213, sign the additional single STD. 213, and return both copies.
STD. 213A, StandardAgreementAmendment. Signthefirstpageof theSTD. 213A, signtheadditional singleSTD. 213A, andreturnbothcopies.
STD. 210, ShortFormContract. Signandreturnbothcopies.
Letter of Agreement. Sign and return both copies.
STD. 204, Payee Data Record. Complete and return.
CCC, Contractor Certification Clauses. Complete and return.
Obtainandforwardtheliabilityinsurancecertificaterequiredby thetermsof theAgreement.
Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.
STD. 807, Payment Bond. Complete and return one copy.
CHP 28, Voluntary Statistical Data. Complete and return.
The enclosed agreementis signed on behalf of the Departmentof California Highway Patrol. Process and when approved, return an original to this office.
The enclosed approved agreementis for your records.
Safety, Service, and Security An Internationally Accredited Agency Napa, CA 94558
Letter of Agreement. Sign and return both copies.
Congratulations, you have been awarded the agreement. Please complete the following marked item(s) and return to the above address within ten (10) business days:
Budget Code: 10021306-44420
City of Napa AgreementNo. C2025-831DocusignEnvelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
SCO ID: 2720-24C325000
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 04/ 2020)
PURCHASING AUTHORITY NUMBER ( If Applicable)AGREEMENT NUMBER 24C325000
1. This Agreement is enteredinto betweenthe Contracting Agencyand the Contractor namedbelow:
CONTRACTING AGENCY NAME
Department of CaliforniaHighwayPatrol
CONTRACTOR NAME
City of Napa
2. The term of this Agreement is:
START DATE
12/01/2024
THROUGH ENDDATE
12/31 /2025
3. The maximum amount of this Agreement is:
24,000.00 (Twenty- Four ThousandDollarsand Zero Cents)
4. The parties agreeto complywith the terms and conditionsof the following exhibits,which are by thisreferencemadea part of the Agreement.
Exhibits Title Pages
ExhibitA Scope of Work 3
BudgetDetailsand PaymentProvisionsExhibitB 2
GeneralTerms andConditions -Modified 04/2017ExhibitC 4
SpecialTerms andConditionsExhibitD 1
Attachment+License Agreement City ShootingRange71
Attachment+City of Napa LeadBest Management Practices12 Itemsshownwithan asterisk (*),are herebyincorporatedbyreferenceandmadepart ofthisagreement as ifattachedhereto.
Thesedocumentscan beviewedat https://www.das.ca.aov/OLS/Resources IN WITNESSWHEREOF,THIS AGREEMENTHAS BEENEXECUTEDBYTHE PARTIESHERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual,state whether a corporation, partnership,etc.) Cityof Napa
CONTRACTOR BUSINESSADDRESS
1539 First Street
CITY STATE ZIP
Napa CA 94559
PRINTEDNAME OF PERSON SIGNING TITLE
CONTRACTOR AUTHORIZEDSIGNATURE DATESIGNED
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
SCO ID: 2720-24C325000
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 04/ 2020)
PURCHASING AUTHORITY NUMBER ( If Applicable)AGREEMENT NUMBER 24C325000
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of CaliforniaHighwayPatrol
CONTRACTING AGENCY ADDRESS
601 North 7thStreet
CITY STATE ZIP
Sacramento CA 95811
PRINTEDNAME OF PERSON SIGNING
C.I. ROMERO
TITLE
Procurement Manager
CONTRACTINGAGENCY AUTHORIZEDSIGNATURE DATESIGNED
EXEMPTION ( If Applicable)CALIFORNIA DEPARTMENTOF GENERAL SERVICES APPROVAL
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITA
StandardAgreement)
SCOPEOF WORK
1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) Napa Area Office, the servicesdescribed herein: furnishuseof Contractor’sweapons firingrange facilitiesincluding restroomfacilitiesifavailable; pay all taxes, insurance, bonds, license and permit fees, maintenance fees and all other costs required to provide use of the Weapons FiringRange Facility in accordance with the terms set forthin thisAgreement.
2. Theservicesshallbe performed at:
City of Napa
Napa Police Department
1539FirstStreet
Napa, CA 94558
3. The services shall be provided during:
Dates and times to be mutually agreed upon between CHP Project Representative and Contractor.
4. TheProject Representativesduringthe termof thisAgreement willbe:
STATE AGENCY
Department of California Highway Patrol
CONTRACTOR
City of Napa (Napa Police Department)
NAME
William Bradshaw, Sergeant
NAME
Jennifer Gonzales, Police Chief
TELEPHONE NUMBER
707) 669-6300
EMAIL
[email protected]
TELEPHONE NUMBER
707) 257-9550
EMAIL
[email protected]
Direct all inquiries to:
STATE AGENCY
Department of California Highway Patrol
CONTRACTOR
City of Napa
SECTION/ UNIT
BusinessServicesSection/CSU
SECTION/ UNIT
Napa Police Department
ATTENTION
Kellie Au, Contract Analyst
NAME
Kristofer Jenny, Police Lieutenant
ADDRESS
601 North 7thStreet
Sacramento, CA 95811
ADDRESS
1539 FirstStreet
Napa, CA 94559
TELEPHONE NUMBER
916) 843-3607
EMAIL
[email protected]
TELEPHONE NUMBER
707) 257-9671
EMAIL
[email protected]
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITA
StandardAgreement)
SCOPEOF WORK
5. Thefollowingadditional termsshallapply to CHP’suse of weapons firingrange Facility:
A. CHP’s use of the weapons firingrange Facilityshallbe limitedto CHP personnel assigned to the Napa Area office.
B. Contractor agrees that CHP shall have the use of the on-site firearms buildings located on the range for training programs. The classroom facility may be used on a case-by-case basis, withoutadditional charge, when arranged throughthe Range Master.
C. Contractor and CHP agree the weapons range shall be open and usable by members of CHP at such times that are mutually agreeable to both parties, but that exclusive use of the facilities by CHP for any time(s) isnot granted without prior mutual agreement of both parties. CHP may use the range up to three ( 3) days per month, including two (2) night shootsper year. Dates and timesthat have been agreed to may be cancelled or changed by CHP up to fourteen (14) working days prior to the scheduled training. The training may then be rescheduled to an available time slot.
D. Brasswillbe retained by Contractor.
E. CHP shall use frangible ammunition when conducting live-fire training on the premises. Frangible ammunition is not made from lead and is designed to break into small pieces upon contact with harder objects or surfaces.
F. The weapons firing range Facility must be able to accommodate the following minimum:
1) . 40caliber pistol (loaded withDepartment-issuedammunitioncurrently180G) 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) nightshootsare recommended. d. Usefor make-up shootsat timesmutuallyagreeable to both parties. 2) Tactical rifle (.223caliber)
a. Four (4) shootsper year (quarterly).
b. One ( 1) night shoot isrequired.
c. Maximum distance of 50 yards.
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITA
StandardAgreement)
SCOPEOF WORK
3) Shotgun (00buckshot)
a. Eight (8) shoots per year ( two ( 2) quarterly).
b. Two (2) nightshootsrequired.
c. Distance 15yardsmaximum.
G. Inspectionand testfiringof weapons:
1) All weapons are to be testfiredafter each requiredinspectionby the Area Weapons Range Officer.
2) Use of weapons firing range Facility to test fire weapons will be coordinated between the Area Weapons Range Officer and the Contractor.
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITB
StandardAgreement)
BUDGETDETAILAND PAYMENTPROVISIONS
1. INVOICING AND PAYMENT
A. For services satisfactorilyrendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expendituresincurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
B. Invoices shall include the Agreement Number and shall be submitted in duplicate not more frequentlythan semi-annuallyin arrearsto:
Name: Sergeant William Bradshaw
Office: Napa Area office
Address: 975Golden Gate Drive
Napa, CA 94558
Invoice shall be billed to “California Highway Patrol” and not “CHP”.
C. Invoices not on pre-printed bill heads shallbe signed by Contractor furnishing the service.
2. BUDGETCONTINGENCY CLAUSE
A. It is mutually agreed that if the Budget Act of the current year and/ or any subsequentyearscovered underthisAgreement does not appropriate sufficient fundsfor the program, thisAgreement shallbe of no furtherforce 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. Iffundingforany fiscalyear isreduced ordeleted by the Budget Act forpurposes 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. PROMPTPAYMENTCLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing withSection927.
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
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and City of Napa
Agreement #24C325000
EXHIBITB
StandardAgreement)
BUDGETDETAILAND PAYMENTPROVISIONS (Continued)
4. RATESCHEDULE
CHP agreesto pay Contractor TwoThousandDollarsand ZeroCents ($2,000.00), per month to be billed semi-annually (twice per year) in arrears for Weapons Firing Range Services use.
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITC
StandardAgreement)
GENERALTERMSAND CONDITIONS – Modified 04/2017
1. APPROVAL: ThisAgreement isof no force or effect untilsigned by both partiesand approved by the Department of General Services, ifrequired. 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 understandingor Agreement not incorporated in the Agreement isbinding on any of the parties.
3. ASSIGNMENT: ThisAgreement 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 reviewand to copy any recordsand supportingdocumentation pertainingto the performance of thisAgreement. Contractor agrees to maintainsuch recordsfor 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 reasonablyhave informationrelated to such records. Further, Contractor agrees to include a similarrightof the Stateto audit recordsand interviewstaffin any subcontract related to performance of this Agreement. ( Gov. Code § 8546.7, Pub. Contract Code § 10115et seq., CCR Title2, Section 1896).
5. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
6. TERMINATIONFOR CAUSE: TheStatemay terminatethisAgreement and be relievedof any paymentsshouldthe Contractor fail to performthe requirementsof thisAgreement at the timeand in the mannerhereinprovided. In the event of such terminationthe Statemay proceed withthe workin any manner deemed proper by the State. All coststo the State shall be deducted from any sum due the Contractor under this Agreement and the balance, ifany, shallbe paid to the Contractor upon demand.
7. INDEPENDENTCONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of thisAgreement, shallact in an independent capacity and not as officersor employeesor agents of the State.
8. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, ifnot exact, percentage of postconsumer materialas defined in the Public Contract Code Section 12200, in products, materials, goods, or suppliesoffered or sold to the Stateregardlessof whether the product meetsthe requirementsof Public Contract Code Section12209. Withrespect to printeror duplication cartridgesthat comply withthe requirementsof Section 12156(e), the certificationrequiredby thissubdivisionshallspecify that the cartridgessocomply (Pub. Contract Code § 12205).
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITC
StandardAgreement)
9. NON-DISCRIMINATIONCLAUSE: Duringthe performance of thisAgreement, Contractor and itssubcontractorsshallnot deny the contract’sbenefitsto any personon the basisof 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 unlawfullyagainst any employee or applicant for employmentbecause of race, religious creed, color, national origin, ancestry, physicaldisability, mental disability, medical condition, genetic information, maritalstatus, 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 subcontractorsshallcomply withthe provisionsof the FairEmploymentand HousingAct (Gov. Code § 12900et seq.), the regulationspromulgated thereunder (Cal. Code Regs., tit. 2, §11000et seq.), the provisionsof Article9.5, Chapter 1, Part 1, Division 3, Title2 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 shallpermitaccess by representativesof the Departmentof FairEmployment and Housingand the awarding stateagency upon reasonable notice at any time during the normal business hours, but in no case lessthan 24 hours’ notice, to such of itsbooks, records, accounts, and all other sourcesof informationand itsfacilitiesas said Department or Agency shallrequireto ascertaincompliance withthisclause. 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.
10. CERTIFICATIONCLAUSES: TheCONTRACTOR CERTIFICATIONCLAUSEScontained in the document CCC 04/ 2017are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
11. TIMELINESS: Timeisof the essence in thisAgreement.
12. 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.
13. GOVERNING LAW: Thiscontract isgoverned by and shallbe interpretedin accordance with the laws of the State of California.
14. ANTITRUSTCLAIMS: TheContractor by signingthisagreement hereby certifiesthat ifthese servicesor goods are obtained by means of a competitive bid, the Contractor shallcomply withthe requirementsof the Government Codes Sectionssetout 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 materialsby the Stateor any of itspolitical subdivisionsor public agencies on whose behalf Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
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Agreement #24C325000
EXHIBITC
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the AttorneyGeneral may bringan action pursuantto subdivision (c) of Section 16750of the Businessand ProfessionsCode.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submittinga bid to a public purchasingbody, the bidder offersand agrees that if the bid isaccepted, itwillassignto the purchasing body all rights, title, and interestin and to all causes of action it may have under Section 4 of the Clayton Act (15U.S.C. Sec. 15) or under the Cartwright Act ( Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Businessand Professions Code), arising from purchases of goods, materials, or services by the bidder forsale to the purchasing body pursuantto the bid. Such assignmentshallbe made and become effective at the timethe purchasingbody tendersfinalpayment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetaryrecovery for a cause of action assignedunder thischapter, 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, attributableto overcharges that were paid by the assignorbut were not paid by the public body as part of the bid price, lessthe expensesincurredin 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, reassignthe cause of action assignedunder thispart if the assignorhas been or may have been injuredby the violationof law for which the cause of action arose and (a) the assigneehas not been injuredthereby, or (b) the assigneedeclines to filea court action for the cause of action. See Government Code Section 4554.
15. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. Thecontractor recognizesthe importance of child and familysupportobligationsand shallfullycomply withall applicable stateand federal lawsrelatingto 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 b. Thecontractor, to the best of itsknowledge isfullycomplying withthe earnings assignment orders of all employees and is providing the names of all new employees to the New HireRegistrymaintained by the California EmploymentDevelopment Department.
16. UNENFORCEABLEPROVISION: In the event that any provisionof thisAgreement is unenforceable or held to be unenforceable, then the partiesagree that all otherprovisions of thisAgreement have force and effect and shallnot be affected thereby.
17. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of 200,000, the Contractor shallgive priorityconsiderationin fillingvacancies in positions Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITC
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funded by the Contract to qualified recipientsof aid under Welfare and InstitutionsCode Section 11200in accordance withPub. Contract Code § 10353.
18. SMALLBUSINESSPARTICIPATIONAND DVBEPARTICIPATIONREPORTINGREQUIREMENTS:
a. If for thisContract Contractor made a commitmentto achieve smallbusiness participation, then Contractor mustwithin60days of receiving finalpayment 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 thisContract Contractor made a commitmentto achieve disabled veteran businessenterprise (DVBE) participation, then Contractor mustwithin60days of receiving finalpayment under thisContract (or withinsuch other timeperiod 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 DVBEreceived fromthe primeContractor; (4) that all paymentsunder the Contract have been made to the DVBE; and (5) the actual percentage of DVBEparticipation that was achieved. A personor entitythat knowinglyprovidesfalseinformationshallbe subject to a civil penalty for each violation. ( Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
19. LOSS LEADER: If thiscontract involves the furnishing of equipment, materials, or supplies then the followingstatementisincorporated: It isunlawfulfor any personengaged in businesswithinthisstate to sellor use any article or product as a “lossleader” as defined in Section 17030of the Businessand ProfessionsCode. (PCC 10344(e).) Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
EXHIBITD
StandardAgreement)
SPECIALTERMSAND CONDITIONS
1. TheCHP and Contractor reservethe rightto cancel thisAgreement withinthirty (30) days advance written notice.
2. ThisAgreement may be amended by mutualwrittenconsent of the partieshereto.
3. In the event of an unforeseenemergency, CHP may cancel thisAgreement without prior notice; provided however, CHP shall pay Contractor all outstanding amounts due to Contractor prior to the date of termination.
4. Any disputeconcerning a questionof fact arisingunder the termsof thisAgreement which isnot disposed withina period of timeten (10) days by the partiesnormally responsible for the administration of this contract, shall be brought to the attention of the Administrative Services Officer ( or designated representative) of each organization for joint resolution.
5. Contractor agrees to provide CHP with a resolution, motion, order or ordinance of the governingbody, which authorizesexecution of thisAgreement, and indicates the individualwho isauthorizedto signthe Agreement on behalf of City of Napa.
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement # 24C325000
ATTACHMENT 1
LICENSE AGREEMENT
City Shooting Range
ThisLicense Agreement ( hereinafter “ Agreement ") is made and entered into by and between the City of Napa, a California charter city ( hereinafter " City ”), and the California Highway Patrol ( hereinafter Licensee ”) dated this
to herein as the “Parties."
day of 2024. City and Licensee may be collectively referred
RECITALS
The City is the owner of that certain real property located at 2295 Monticello Road in Napa, California, consisting of 4.3 acres of land located on Assessor ’sParcel Number ( APN) 049-010-014- 000, which the City operates as a shooting range for use by City employees.
A .
B. The Licensee has requested permission from the City to use the Premises for the purposes of firearms training and qualification for employees of Licensee ’s personnel located in the Napa Area office in accordance with the terms of this Agreement.
NOW THEREFORE,in consideration of the mutual covenants and conditions identified herein, the parties hereby agree as follows:
1 . GRANT OF LICENSE. The City hereby grants Licensee ( including its officers, employees, and agents ) a non- exclusive, revocable license (" License ”) to use the Premises in its “ As Is " condition without representation or warranty of any kind, including, without limitation, the suitability or safety of the Premises or any facilities or equipment on the Premises, for the sole purpose of providing firearms training and qualification to employees of Licensee ' sProbation Department (“ Training ")in accordance with the terms of this Agreement.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on December 1 ,2024, and conclude on December 1 ,2025, unless earlier terminated pursuant to the terms hereof or extended by written agreement.
3. LICENSE FEE. Licensee shall pay City a License fee of Two Thousand Dollars ($2,000) per month to be invoiced semi-annually in arrears in the amount of Twenty-four Thousand Dollars ($24,000). Licensee shall pay the invoiced amount to the City within thirty (30) days of receipt of the invoice.
4. AUTHORIZED REPRESENTATIVES.Licensee hereby assigns Sergeant William Bradshaw to serve as the Licensee ’s authorized representative (“ Licensee ' s Authorized Representative ”) to serve as the primary point of contact for all matters pertaining to this Agreement. City hereby assigns the Police Chief to serve as the City 'sauthorized representative (“ City ’s Authorized Representative ”) to serve as the primary point of contact for all matters pertaining to this Agreement.
5. LIMITATIONS ON LICENSEE ’S USE OF CITY PROPERTY.
5.1. The City ’s permission to Licensee to use the Premises in accordance with this Agreement shall not create any right, title, or interest in the Premises.
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Agreement # 24C325000
5.2. Notwithstanding anything to the contrary in this Agreement, Licensee 's rights to use the Premises hereunder shall be subject and subordinate to the City 's use of the Premises for the City 's operations. In no case shall Licensee 's use of the Premises interfere with those City uses or operations, as determined by the City in itssole and absolute discretion. City retains the right to use the Premises in any manner that does not unreasonably interfere with Licensee 's activities hereunder.
5.3. Licensee may use the Premises up to three ( 3) days per month, including two ( 2) night shoots per fiscal year. Licensee shall schedule it use of the Premises with City at least fourteen ( 14) business days in advance by contacting the City 's Authorized Representative.
5.4. The Licensee shall, at its sole cost and expense, repair any damage arising out of Licensee ’s use of the Premises, and Licensee shall restore the Premises to a condition equal to or better than the condition which existed prior to Licensee ’s entry on the Premises. Licensee shall reimburse the City for any costs incurred to cure a breach of Licensee ' s obligations under this Agreement.
5.5. The Licensee shall use frangible ammunition as stated in Exhibit A , when conducting live-fire training on the Premises. Frangible ammunition isnot made from lead and isdesigned to break into small pieces upon contact with harder objects or surfaces.
5.6 The Licensee shall comply with posted instructions or rules governing use of the Premises.
6. RIGHT TO TERMINATE. Either party may terminate this Agreement for convenience ( with or without cause) by providing written notice of termination to the other party, effective upon the date stated in the notice. Upon termination, the Licensee shall pay to the City all outstanding amounts due to the City in accordance with Section 3.
7. RELATIONSHIP BETWEEN THE PARTIES. Licensee is, and at all times shall remain, an independent contractor solely responsible for all acts of itsemployees, agents, or contractors, including any negligent acts or omissions. Licensee is not City 's agent and shall have no authority to act on behalf of the City or to bind the City to any obligation whatsoever.
8. PERMITS .LICENSES .AND COMPLIANCE WITH LAW.
8.1. Permits and Licenses. The Licensee shall, at the Licensee ' s expense, obtain and maintain all necessary permits and licenses for the performance of the Training.
8.2. Compliance with Law. The Licensee shall comply with all applicable legal requirements including all federal, state, and local laws ( including ordinances, resolutions and any shooting range safety rules or regulations ), whether or not said laws are expressly stated in this Agreement.
9. PUBLIC SAFETY. Licensee shall use and exercise due care, caution, skill,and expertise in performing the Training on the Premises, including appropriate and necessary supervision of Training participants by qualified professionals, and shall take all reasonable steps to safeguard Training areas, including without limitation existing facilities and property with full regard to the public safety. Licensee is aware that the licensed premises covered under this agreement is situated in a rural residential area. Due to the rural nature of the location, there may be wildlife present on or around the premises. Thiswildlife may include but is not limited to bears, mountain lions, rattlesnakes, and other potentially dangerous animals.
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Agreement # 24C325000
10. INSURANCE. Without limiting Licensee 'sindemnification provided herein, Licensee shall take out and maintain, throughout the period of this Agreement, the following policies of insurance placed with insurers (if other than the State Compensation Fund) with a current A .M. Bestsrating of no less than A :VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Licensee, its agents, employees or subcontractors. In lieu of providing proof of insurance, Licensee may self -insure, provided they demonstrate to City that it possesses sufficient financial resources to cover potential liabilities associated with these activities.
Licensee must submit documentation evidencing its ability to fully assume and manage the financial exposure for the duration of the contract. City reserves the right to review and approve the sufficiency of the Licensee ' s financial resources before allowing self -insurance.
10.1. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001 ),in an amount of 2,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Insurance or other form with a general aggregate limit shall be twice the required occurrence limit. Said policy shall contain, or be endorsed with, the following provisions:
10.1 .1 . The City, its officers, employees, and agents, are covered as insureds for liability arising out of the operations performed by or on behalf of Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, agents and employees.
10.1.2. The policy shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice ten ( 10) days for non- payment of premium to City by certified mail.
10.1.3. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto ), for vehicles used in the performance of this Agreement with minimum coverage of not less than $ 1 ,000,000 per accident combined single limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice ten ( 10 )days for non- payment of premium to City by certified mail.
10.1.4. Worker 's Compensation insurance meeting statutory limitsof the California Labor Code which policy shall [contain or be endorsed to contain a waiver of subrogation against City, its officers, agents, and employees and] provide for thirty (30) days prior written notice to City in the event of cancellation. If Licensee has no employees, Licensee may submit a Request for Waiver, Workers Compensation Insurance Requirement form in lieu of insurance:
10.1.5. Licensee shall furnish City with certificates and original endorsements effecting the required coverage prior to execution of this Agreement by City. The endorsements shall be on forms provided by City or as approved by City Attorney. Any deductible or self-insured retention over $100,000.00 shall be disclosed to and approved by City. If Licensee does not keep all required insurance policies in full force and effect, City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.
11. REPORTING DAMAGES. If any damage ( including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Licensee shall immediately notify the City ’s Range Master by telephone at 707-257-9514, or 707-257-9671 and Licensee shall promptly submit to the Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement # 24C325000
Range Master and the City 's Authorized Representative a written report ( in a form acceptable to City) with the following information:
11.1. A detailed description of the damage ( including the name and address of the injured or deceased person (s )and a description of damaged property;
11.2. Name and address of witnesses; and
11.3. Name and address of any potential insurance companies.
12. WAIVER OF CLAIMS.
12.1. Neither the City nor any of its officers, agents or employees shall be liable for any damage to the property of Licensee, its officers, agents, employees, invitees, or Training participants, or for any bodily injury or death to such persons, or for any other loss, resulting or arising from the condition of the Premises or Licensee ’s use thereof , including any injury or death resulting from exposure to lead or other cancer- causing chemicals described in Section 14 below.
12.2. Licensee fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action against, and covenants not to sue the City, its officials, officers, employees, or agents, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Premises or Licensee 's, its officers ’, agents ', employees ’, invitees ’, or Training participant ’ s use thereof ,including any injury or death resulting from exposure to lead or other cancer- causing chemicals described in Section 14 below.
13. INDEMNIFICATION. To the full extent permitted by law, Licensee shall indemnify, hold harmless, release and defend City, itselected and appointed officials, officers, employees, agents and volunteers, from and against any and all actions, claims, demands, damages, disability, losses, expenses including attorney' s fees and other defense costs and liabilities of any nature ( collectively,“ Liability ")that may be asserted by any person ( either born or an unborn fetus) or entity including Licensee, in whole or in part, of any nature, arising out of, pertaining to, or relating to ( a ) Licensee ’s acts or omissions under this Agreement, including the acts or omissions of other persons employed or utilized by Licensee in the performance of this Agreement;( b) the Training;( c ) Licensee ’s, its officers ’, agents ’, employees ', invitees ’,or Training participant ’ suse of the Premises; or (d) any person ’s (either born or an unborn fetus ) exposure to lead or other cancer- causing chemicals described in Section 14below. Thisindemnification obligation isnot limited in any way by any limitation on the amount or type of damages or compensation payable by or for Licensee under Worker 's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Licensee. Licensee ’s indemnification obligation pursuant to this Section shall survive the expiration or termination of this Agreement.
Neither termination of thisAgreement nor completion of the acts to be performed under thisAgreement shall release any party from its obligation to indemnify as to any claims or cause of action asserted so long as the event (s )upon which such claim or cause of action is predicated shall have occurred subsequent to the effective date of this Agreement and prior to the effective date of termination or completion.
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement # 24C325000
14. LEAD DISCLOSURE. Licensee, its officers, agents, employees, invitees, and Training participants acknowledge and agree that (i) lead and other chemicals known to the State of California to cause cancer, reproductive harm, birth defects and developmental harm are present on the Premises;( ii) exposure to lead may occur through inhalation of lead vapors and dust or incidental ingestion from hand to mouth contact and ( iii) entering the Premises can expose Licensee, its employees and agents to chemicals known to the State of California to cause cancer, reproductive harm, birth defects and developmental harm. To minimize riskof exposure to lead and other cancer- causing chemicals located on the Premises, Licensee, shall recommend that pregnant women not enter the site, and shall cause its officers, agents, employees, invitees, and Training participants to wash their hands immediately after shooting, after cleaning firearms, picking up spent casing ( brass) or being present on the Premises; wash their hands, forearms, and face before eating, drinking, smoking or being in contact with other people; change their clothes and shoes before leaving the Premises; wash their clothes or uniforms worn while on the Premises separately from other clothing; and comply with any and all other City lead safety procedures currently in place on the Premises or which may be established by the City in the future.
Additionally, Licensee will ensure that all employees and/ or agents of Licensee have completed any CalOSHA required trainings pursuant to General Safety Order § 5198.
15. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof , shall not be assigned or transferred without the prior written consent of the City. Any attempt to assign or transfer this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.
16. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
17. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the firstto occur of :
17.1. Actual receipt by a party 's Authorized Representative, or
17.2. Actual receipt at the address designated below, or
17.2 Three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below.
The Authorized Representative of either party may modify their respective contact information identified in thissection by providing notice to the other party.
TO CITY: POLICE DEPARTMENT
CITY OF NAPA
1539FirstStreet
Napa, CA 94559
Attn: Police Chief
jgonzalez @cityofnapa. org
TO LICENSEE: California Highway Patrol Napa Area Office 975 Golden Gate Drive
Napa, CA 94558
Attn: William Bradshaw
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement # 24C325000
WiBradshaw@ chp. ca. gov
18. GENERAL PROVISIONS ,
18.1. Headings. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
18.2. Severability. If any term of this Agreement ( including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties ' intent under this Agreement.
18.3. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California.
Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Napa.
18.4. Attorney ’ s Fees. In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney ’s fees, costs, and expenses incurred, whether or not such action proceeds to judgment.
18.5. Modifications. ThisAgreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.
18.6. Each Parties ' Role in Drafting the Agreement. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code Section 1654in order to interpret any uncertainty in the meaning of the Agreement.
Signature page follows ]
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Form 1.5.6 (2022-09-01)
IN WITNESS WHEREOF, the partieshereto have executedthis Agreementto be effectiveon the Effective Date set forthbelow.
CITY: LICENSEE:
CITY OF NAPA, a California charter city Department of California Highway Patrol By: By:
Jennifer Gonzales, Police Chief C.I. Romero, ProcurementManager ATTEST:
TiffanyCarranza, City Clerk
Date:
Effective Date”)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
ChristopherDiaz, InterimCity Attorney
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement # 24C325000
18.7. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Contractor and the City.
IN WITNESSWHEREOF, the parties hereto have caused this Agreement to be executed the day and year firstabove written.
CITY:
CITY OF NAPA, a California charter city
By:
Jennifer Gonzalez, Police Chief
ATTEST:
Tiffany Carranza, City Clerk
Date:
Effective Date ’)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
Michael W. Barrett, City Attorney
LICENSEE:
California Highway Patrol
By:
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Department of California Highway Patrol
and City of Napa
Agreement #24C325000
ATTACHMENT2
City of Napa Lead BestManagement Practices
Prevent pooling water.
If pooling water ispresent onsite notify Range Master
Suppressdust.
If dustclouds are presentduringusage, mistwithhose provided or notifyRange Master
Preventunauthorizedvehicle access and parking.
Do not allow vehiclesto drivepast posted signs. Parkingislocated at the site entrance.
Prevent accidental ingestion of lead.
Usehandwashing facilitiesafter firearmmaintenance and firingactivities.
Usethe changing room to change clothing after range usage.
Do not eat or drinknear shootingarea or firearmsmaintenance area.
Vacuum Classroom with HEPA vacuum after all usage
Reduce ricochet risk.
Watch for large rocks/ boulders in shooting area and remove then or report their presence to the range master.
Complete any requiredtracking sheets.
RoundsFiredTrackingSheet
Maintenance Tracking Sheet
Cleaning Tracking Sheet
Range InspectionTracking
Maintain MistApplication for DustSuppressionDocumentation Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
CCC 04 /2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorizedtolegallybindthe prospective Contractor to the clause(s) listedbelow. This certification is madeunder the laws of the State of California.
Federal IDNumberContractor/Bidder Firm Name (Printed )
City of Napa
By ( Authorized Signature )
94-6000380
Prirrtep Name and Title of Person Signing
Jennifer Gonzales, Police Chief
Executed in the County of
Napa
Date Executed
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied withthe nondiscriminationprogram requirements.(Gov. Code § 12990 (a -f) and CCR, Title 2, Section 11102)(Not applicabletopublic entities.)
2. DRUG- FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirementsof the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the followingactions:
a .Publish a statementnotifyingemployees that unlawfulmanufacture, distribution, dispensation,possession or use of a controlled substance is prohibited and specifying actions tobe taken against employees for violations.
b .Establish a Drug-Free Awareness Program toinformemployees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaininga drug-free workplace; 3) any available counseling,rehabilitationand employee assistance programs;and, 4) penaltiesthat 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 statementas a condition of employment on the Agreement.
Failure to comply with theserequirementsmay result in suspension of paymentsunder the Agreement or terminationof the Agreement or bothand Contractor may be ineligiblefor award of any futureState agreementsif the department determinesthat any of the following has occurred: the Contractor has made false certification,or Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
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 certifies that no more than one (1) finalunappealable findingof contempt of court by a Federal court has been issuedagainst Contractor withinthe immediatelypreceding two-year period because of Contractor'sfailureto comply withan 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 6072of the Businessand ProfessionsCode, effective January 1, 2003.
Contractor agrees to make a good faith effortto provide a minimumnumber of hours of pro bono legal servicesduringeach year of the contract equal to the lessorof 30 multipliedby the numberof fulltimeattorneysin the firm’s officesin the State, withthe numberof hoursprorated on an actual day basisfor any contract period of lessthan a full year or 10% of itscontract 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. EXPATRIATECORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286and 10286.1, and iseligibleto contract withthe Stateof California.
6. SWEATFREECODE OF CONDUCT:
a. AllContractors contracting for the procurement or launderingof apparel, garments or correspondingaccessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public workscontract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or suppliesfurnishedto the statepursuantto the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indenturedlabor under penal sanction, abusive formsof child labor or exploitationof childrenin sweatshop labor, or withthe benefit of sweatshoplabor, 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 perjurythat they adhere to the SweatfreeCode of Conduct as setforthon the California Department of IndustrialRelationswebsite located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. Thecontractor agrees to cooperate fullyin providingreasonable access to the contractor’srecords, documents, agents or employees, or premisesif reasonably requiredby authorizedofficialsof the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’ s compliance with the requirementsunder paragraph (a).
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor isin compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000or more, Contractor certifies that Contractor isin compliance withPublic Contract Code section 10295.35.
DOING BUSINESSWITHTHESTATEOF 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 mustbe contacted immediatelyforclarification.
CurrentStateEmployees (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 issponsoredor funded by any stateagency, unlessthe employment, activityor enterpriseisrequiredas a condition of regularstateemployment. 2). No officer or employee shallcontract on hisor her own behalf as an independent contractor withany stateagency to provide goods or services.
FormerStateEmployees (Pub. Contract Code § 10411):
1). Forthe two-year period fromthe date he or sheleftstateemployment, no former stateofficer or employee may enter intoa contract in which he or sheengaged 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 shewas employed by that stateagency in a policy-making positionin the same general subject area as the proposed contract withinthe 12-month period priorto hisor her leaving stateservice.
If Contractor violatesany provisionsof above paragraphs, such action by Contractor shallrender thisAgreement void. (Pub. Contract Code § 10420) Members of boards and commissionsare exempt fromthissectionifthey do not receive payment other than payment of each meeting of the board or commission, payment for preparatorytimeand payment for per diem. (Pub. Contract Code § 10430 e))
2. LABORCODE/ WORKERS' COMPENSATION: Contractor needs to be aware of the provisionswhich requireeveryemployer to be insuredagainst liabilityfor Worker's Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
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 workof thisAgreement. (Labor Code Section 3700)
3. AMERICANSWITHDISABILITIESACT: Contractor assuresthe Statethat it complies with the AmericanswithDisabilitiesAct (ADA) of 1990, which prohibitsdiscriminationon the basisof disability, as well as all applicable regulationsand guidelinesissuedpursuantto the ADA. ( 42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment isrequired to change the Contractor' s name as listed on thisAgreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented witha new name cannot be paid priorto approval of said amendment.
5. CORPORATEQUALIFICATIONSTO DO BUSINESSIN 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 ensurethat all obligationsdue to the stateare fulfilled. b. "Doing business" isdefined in R&TC Section23101as actively engaging in any transactionforthe purpose of financial or pecuniary gain or profit. Although thereare some statutoryexceptionsto taxation, rarelywilla corporate contractor performing 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 isin good standing by calling the Office of the Secretaryof State.
6. RESOLUTION: A county, city, district, or otherlocal public body mustprovide the State witha copy of a resolution, order, motion, or ordinance of the local governingbody which by law has authorityto enter into an agreement, authorizingexecution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violationof any order or resolutionnot subject to reviewpromulgated by the StateAirResourcesBoard or an air pollutioncontrol district; (2) subject to cease and desistorder not subject to reviewissuedpursuantto Section 13301of the Water Code for violationof waste discharge requirementsor discharge prohibitions; or (3) finally determined to be in violationof provisionsof federal law relatingto air or water pollution.
8. PAYEEDATARECORD FORM STD. 204: Thisformmustbe completed by all contractors that are not another stateagency or othergovernmentalentity.
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E ATTACHMENT 4
Form 1.5.6 (2022-09-01)
IN WITNESS WHEREOF, the partieshereto have executedthis Agreementto be effectiveon the Effective Date set forthbelow.
CITY: LICENSEE:
CITY OF NAPA, a California charter city Department of California Highway Patrol By: By:
Jennifer Gonzales, Police Chief C.I. Romero, ProcurementManager ATTEST:
TiffanyCarranza, City Clerk
Date:
Effective Date”)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
ChristopherDiaz, InterimCity Attorney
Docusign Envelope ID: 6BC264B1- E9D1- 445B-86CD- 0910D45C405E March 17, 2025 | 12: 31: 43 PM PDT
See attached
Resolution
ATTACHMENT 4