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HomeMy WebLinkAboutMendes Training & Consulting, Inc; 2025-05-20; HR2508 HR2508 Page 1 City Attorney Approved Version 2/11/2025 AGREEMENT FOR TRAINING AND ORGANIZATIONAL DEVELOPMENT SERVICES MENDES TRAINING & CONSULTING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2025, by and between the City of Carlsbad, California, a municipal corporation ("City") and Mendes Training & Consulting, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in training employees and providing other organizational development services. B. Contractor has the necessary experience in providing professional services and advice related to employee development and organizational development. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of five (5) year(s) from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-five thousand dollars ($45,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are NET 30 unless provided otherwise in Exhibit “A.” The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 May 20th HR2508 Page 2 City Attorney Approved Version 2/11/2025 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 HR2508 Page 3 City Attorney Approved Version 2/11/2025 The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. 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 Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 HR2508 Page 4 City Attorney Approved Version 2/11/2025 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 HR2508 Page 5 City Attorney Approved Version 2/11/2025 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Emily Bruce Name Ernie Mendes Title HR Analyst Title President Dept Human Resources Address 8024 Paseo Avellano CITY OF CARLSBAD CARLSBAD, CA 92009 Address 1635 Faraday Ave Phone 760-994-8880 Carlsbad, CA 92008 Email Ernie.mendes@me.com Phone 760-271-3987 Email Emily.Bruce@carlsbadca.gov Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 HR2508 City Attorney Approved Version 2/11/2025 Page 6 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 HR2508 City Attorney Approved Version 2/11/2025 Page 7 Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 HR2508 City Attorney Approved Version 2/11/2025 Page 8 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 20____. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Mendes Training & Consulting, Inc., a California corporation By: By: (sign here) Darrin Schwabe Acting Human Resources Director Ernie Mendes, President ernie.mendes@me.com (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Susan Mendes, Secretary Susanmendes8@gmail.com Director of Constituent and Clerk Services (print name/title) If required by City, proper notarial acknowledgment of execution by contractor 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 Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Senior Assistant City Attorney Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 25May20 HR2508 City Attorney Approved Version 2/11/2025 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE Under the direction of the Human Resources (HR) Director or designee, Contractor will provide the following services on an as needed basis. Contractor will provide training or other organization development services as requested at a location and time determined by the City and Contractor. Fee Schedule Service Cost Training daily rate (design, preparation and travel included) $5,300/day Spot coaching (individual or small group) daily rate $5,300/day During the term of this Agreement, City and Contractor may agree via a written amendment to this agreement to increase fees for services, not to exceed 3% per year. Invoices Invoices will be sent monthly and include itemized costs per service and expense, the name of the City department receiving the service and a brief description of the service. Invoices will be emailed to emily.bruce@carlsbadca.gov. Except as to any costs that are disputed by the City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s invoice. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 Polley No. 90-CT-P789-8 CMP-4735.1 Paga 1 of2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ JT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS (Scheduled) --------------This endorsement mod1fies insuranc~ provided under the following: SCHEDULE Folley Number:• 90-CT-P?89-8 Named Insured: MENDES TRAINING & CONSUL TING INC 8024 PASEO AVELLANO CARLSBAD, CA 92009-6946 Name And Address Of Additional Insured Person Or Organization: CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD, CA 92008 1. SECTION U --WHO IS AN INSURED of SECTION II -UABf UTV rs amended to in- clude, as -an additional insured, any person or organization shown in the Schedule, but only wtth respect to Habil!ty for "bodiiy injury", ''property damage", or "personal and advertls~ ing. 1nJury" caused, in whote or in part, by·: a. Ongoing Operations (1) Your acts or omissions; or (2} The acts or omissions of those acting on your behaff; in the p~rfonnance of your ongoing opera- tions for that additional insured; or b. Products -Completed Op~r:ations "Your worl( petiormed for that addltional insured and included in the "products- completed operations hazard". However, Paragraph t. above is subject to the following: a, The insurance afforded to the additional insured only applies to the e)(tent permit- ted by law; b. If coverage provided to the additional In- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract. or agreement to provide for such addition- al insured; and c. !f the contract or agreement between you and the additional insured ls governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is tt1e jesser of that which: (1) ls allowed for the satisfaction of a de- fense or Tndemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your ·sofe liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We havs no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. (0, Copyright, .State Farm Mutrial Automobile ln~urence Company. 2013 focruoes copyrighted material or Insurance Services O(fice, Inc .. with its p.,rmission. CONTl~JUED Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 2. Any insurance provided to the additional in- sured shall only apply with ,respect to a claim made or a "suit" brought for damages for which you are provided coverage. • 3. With respect to the insurance .afforded i.o ihe additional insured, the following is added to SECTION 11-LIMtTS Of INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Requlred by the contract or agreement; or b. Available under the applicable Lim1ts Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence. Offense, Claim Or Suit of SECTION ll -GENERAL CONDITIONS: The additional insured must: a. See to Jt that we are notified as soon as practicable of an "occurrence" or an of- fense which may result ln a claim. To the extent possible, notice should include: ('!) How, when and where tbe "occur- rence" or offense took place; (2) The names and addresses of any in~ jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender tile defense and indemnity of any claim or "suit" to us and to aH other insur- ers who may have insur<;1nce potentially available to the additional insured; and c. Agree to make avaHahie any othet insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION n - UABIUTY. 5. \Nith respect to the insurance afforded the ad- ditional insured, the following replaces SEC- T(ON II -·-LIABILITY of Paragraph 7. Other Insurance of SECTION I ANO SECTION ii -- COMMON POUCY CONOITiONS: a. This insurance is primary to and will not seek contribution frorn any other insurance available to the addttionat insured, provided that the additional insured is a named in- sured under such other insurance. b. F{egardless of any agreement between you and the additional insured, this insur- ance is excess over any other insL1rance whether primary, excess, contingent or on any other basis for which the additional in• sured has been added as an additionat in- sured on other policies. There 1Nili be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007033 -14ao11 oa.21-2014 '~. Copyright, Slale Fann Murual A•;lornobHe Jnsurance Company, 2013 Includes copyrighted material of Insurance $ervices Office, Inc., with its permission. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 05/07/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SANDRA WARREN NAME: State Farm JOHN YCHO rtgN:o Extl: 760-758-4115 I FAX 760-758-4162 IA/C Nol: A ® 3520 COLLEGE BLVD ~;.,Mn~~ss· SANDY@JOHNCHO.ORG SUITE 104 INSURER(S) AFFORDING COVERAGE NAIC# OCEANSIDE CA 92056 INSURER A: State Farm General Insurance ComDanv 25151 INSURED INSURER B: State Farm Mutual Automobile Insurance Company 25178 MENDES TRAINING & CONSUL TING INC INSURERC: INSURERD: 8024 PASEO AVELLANO INSURERE: CARLSBAD CA 92009-6946 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD SUB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D CLAIMS-MADE [xl OCCUR DAMAGE TO RENTED $ PREMISES !Ea occurrence) MED EXP (Any one person) $ 5,000 f-- A y y 90-CT-P789-8 08/22/2024 08/22/2025 PERSONAL & ADY INJURY $ 1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl □PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY 335 0089-F31-55C 12/31/2024 12/31/2025 COMBINED SINGLE LIMIT (Ea accident) $ f-- ANY AUTO 533 7948-B25-55K 02/25/2025 02/25/2026 BODILY INJURY (Per person) $ 250,000 f--- B OWNED X SCHEDULED BODILY INJURY (Per accident) $ 500,000 f--AUTOS ONLY AUTOS HIRED NON-OWNED w ~• u",v'"'-'"' 100,000 f--AUTOS ONLY -AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ f-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ DE□ I I RETENTION $ $ WORKERS COMPENSATION XI ~~~rnn: I I gJH-$ AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Dy/ N E.L. EACH ACCIDENT $ 100,000 A OFFICER/MEMBER EXCLUDED? N/A 90-E7-U425-5 01/01/2025 01/01/2026 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 100,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below A BUSINESS PROPERTY 90-CT-P789-8 08/22/2024 08/22/2025 16,500 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF CARLSBAD IS NAMED ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARLSBAD ACCORDANCE WITH THE POLICY PROVISIONS. 1635 FARADAY AVE AUTHORIZED REPRESENTATIVE CARLSBAD CA 92008 Sandra L. Warren I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-13-2022 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: (Name and Department) (Date) Proposed modification(s) to the __________________ requirement(s) for (Type of insurance) (Name of contract) Reduce coverage to the amount of: $ . Waive coverage Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $ . Work will be completed over a period of . Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by Risk Manager for this contract only: (Signature) (Date) Emily Bruce, Human Resources 5/15/2025 See below Mendes Training & Consulting, Inc. n 1,000,000 n n Training and OD services have minimal liability. Minimal exposure/risk for these types of insurance. Decreased General Liability and Auto Liability maximum coverage amounts. Waive Professional Liability coverage. Docusign Envelope ID: F8122B44-FF6A-4F78-9F9A-F464557FEBC4 5/20/2025 □ □ □ □ □