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HomeMy WebLinkAboutBCK Programs LLC; 2026-06-16; PSA26-4092ENVPSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 1 AGREEMENT FOR WATERSHED EDUCATION IN CARLSBAD SCHOOLS SERVICES BCK PROGRAMS, LLC THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation (“City”) and BCK Programs, LLC, a California limited liability company (“Contractor”). RECITALS A. City requires the professional services of a consultant experienced in delivering watershed education within Carlsbad schools. B. Contractor possesses the necessary expertise to provide professional services and guidance related to watershed education in Carlsbad schools. 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 in this Agreement, City and Contractor agree as follows: 1.SCOPE OF WORK “” “” with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE 3.TERM 4.TIME IS OF THE ESSENCE 5 COMPENSATION Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 16th June PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 2 allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed forty thousand dollars ($40,000) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. 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.” 6. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City Engineer approves otherwise, Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement. 7. 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 the 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 this 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 Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 3 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 City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. 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. 9. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by 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 in this Agreement caused by any negligence, recklessness, or willful misconduct of 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 California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, 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 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 Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program 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. Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 4 11. 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. 11.1 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 City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and 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. 11.1.2 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. 11.1.3 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. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 5 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, 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 City. 11.2.4 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. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 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. 12. 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. 13. 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. 14. 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. Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 6 15. 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. 16. 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 Tim Murphy Name Kathleen Hacker Title Senior Program Manager Title Managing Member Department Environmental Sustainability Address 3115 Verde Ave City of Carlsbad Carlsbad, CA 92009 Address 1635 Faraday Ave Phone No. 760-822-5733 Carlsbad, CA 92008 Email kathy@bckprograms.com Phone No. 442-339-2587 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. 17. 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. 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 18. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall continue in full force and effect. Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 7 19. 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. 20. 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. 21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 22. 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. 23. TERMINATION In the event of 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 Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 8 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. 24. 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 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. 25. 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 attorneys 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. 26. 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. Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 9 27. 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. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 29. 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. 30. 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. [signatures on following page] Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 PSA26-4092ENV City Attorney Approved Version 4/16/2026 Page 10 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California BCK PROGRAMS, LLC, a California limited liability company By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Kathleen Hacker, Managing Member (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy / Assistant City Clerk (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: _____________________________ Assistant City Attorney Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 To: Tim Murphy From: Kathy Hacker Date: May 19, 2026 Subject: Proposal: Watershed Education in Carlsbad Schools 2026-2027 BCK Programs is pleased to submit this proposal to continue implementing watershed education programs in Carlsbad schools during the 2026–2027 school year. Since the 2017–2018 school year, BCK has provided watershed education and stormwater pollution prevention programming for the City of Carlsbad in support of the City’s environmental education and outreach goals. We appreciate the opportunity to continue working with the City and local schools on this important work. BCK proposes to implement watershed education programs in a minimum of three schools within the City of Carlsbad. Our programs focus on key areas such as trash and litter reduction, stormwater pollution prevention, environmental science investigations, data collection and evaluation, and preliminary design and implementation of Best Management Practices (BMPs). We have delivered similar programs in Carlsbad schools for multiple years and have developed strong working relationships with participating teachers, school staff, and district representatives. These established partnerships, along with ongoing program refinements and operational efficiencies, allow us to continue providing a high level of service within the existing program budget. We plan to continue working with the schools and teachers that participated during the previous school year. If a school is unable to participate, we will coordinate with district staff to identify suitable alternative schools or classrooms. We also remain open to expanding participation if additional schools express interest and if implementation aligns with the contract budget. Detailed tasks are listed below: Scope of Work for Watershed Education in Carlsbad Schools 2026-2027 1 PSA26-4092ENV Exhibit "A" (cont.) Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 J)(t} I • bd-<:programs· ENVIRONMENTAL EDUCATION Update and Customize Curriculum and Labs ●Update and customize curriculum, labs, and site maps for participating school sites, ●Purchase supplies and restock lab kits and materials, ●Revise program materials as needed to align with current site conditions and educational goals. Administer Watershed Programs in Schools ●Coordinate with returning teachers to implement watershed education programs during the school year, ●Coordinate with district representatives regarding participation of additional schools where feasible, ●Provide teachers with curriculum materials, supplies, and trainings as needed, ●Communicate regularly with teachers throughout program implementation, ●Conduct classroom visits and support student investigations and activities, ●Coordinate with City staff regarding classroom participation and presentations, ●Provide the City with a summary report at the end of the school year. BMP Implementation ●Support students in implementing BMP designs where applicable, ●Coordinate with school and district staff regarding BMP installation opportunities on school campuses, ●Purchase basic materials such as rocks, plants, mulch, screening materials, and related supplies for simple BMP construction projects, ●Purchase materials for source control BMPs and student outreach activities. Program Costs Program Cost1 Watershed Protection Programs in Carlsbad Schools -Update and customize curriculum and labs -Administer watershed programs in schools -BMP implementation $40,000 1 All costs include BCK staff labor and materials Scope of Work for Watershed Education in Carlsbad Schools 2026-2027 2 PSA26-4092ENV Exhibit "A" (cont.) Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 J)(t} I • bd-<:programs· ENVIRONMENTAL EDUCATION Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/9/2025 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 ~2:1~CT Certificate Team lnszone Insurance Services, LLC wgNJo Extl: 877-308-9663 I FAX 2721 Citrus Road, Suite A {A/C Nol: 916-503-6271 Rancho Cordova CA 95742 !~o"J~ss: info@.inszoneins.com INSURER(S) AFFORDING COVERAGE NAIC# License#:OF82764 INSURER A: Hartford Insurance Group 29424 INSURED BCKPROG-01 INSURER B: United States Liability Ins Co 25895 BCK Programs LLC INSURERC: 3115 Verde Avenue Carlsbad CA 92009 INSURERD: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 237678086 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 ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE man ,.ft,n POLICY NUMBER IMM/DDNYYVI IMM/DDNYYVI LIMITS A X COMMERCIAL GENERAL LIABILITY y 72SBABM3ZGL 6/19/2025 6/19/2026 EACH OCCURRENCE $2,000,000 ~ D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES {Ea occurrence) $1,000,000 ~ MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY 72SBABM3ZGL ~ 6/19/2025 6/19/2026 ~~~~~~~~llNGLE LIMIT $2,000,000 ANY AUTO BODILY INJURY (Per person) $ ~ ~ OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY ~ AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accidentl ~ $ A X UMBRELLA LIAB HOCCUR 72SBABM3ZGL 6/19/2025 6/19/2026 EACH OCCURRENCE $1,000,000 ~ EXCESSLIAB CLAIMS-MADE AGGREGATE $1,000,000 OED I X I RETENTION$ 1n nnn $ A WORKERS COMPENSATION 72WECATOZW5 6/19/2025 6/19/2026 I PER I I OTH-STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETORIPARTNERIEXECUTIVE □ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes. describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Professional Liability SP 1577661C 6/19/2025 6/19/2026 Aggregate $2,000,000 Each Occurrence $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF CARLSBAD, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS ARE NAMED AS ADDITONAL INSUREDS. 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/CMWD c/o EXIGIS Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. Services P.O. Box 947 AUTHORIZED REPRESENTATIVE Murrieta CA 92564 d~~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 72 WEC AT0ZW5 Endorsement Number: Effective Date: 06/19/25 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: BCK PROGRAMS, LLC. 3115 VERDE AVE CARLSBAD CA 92009 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. {This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by --------------------Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 05/10/25 Policy Expiration Date: 06/19/26 Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THEi HARTFORD ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Designated Person Or Organization a. The person(s) or organization(s) shown in the Declarations as Additional Insured -Designated Person Or Organization is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; or (2) In connection with your premises owned by or rented to you. b. If coverage provided to these additional insureds is required by a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement, or permit to provide for these additional insureds. c. The insurance afforded to these additional insureds only applies to the extent permitted by law. B. With respect to the insurance afforded such additional insured(s) by this endorsement, the following additional exclusion is added to Section B. EXCLUSIONS: This insurance does not apply to "bodily injury'' or "property damage" included within the "products-completed operations hazardn. Form SL 30 4210 18 Page 1 of 1 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 CONTINUED Form Number Form Number SL30421018 Form: SC 00 01 10 18 Declarations: Business Liability Coverage Part Form Name Form Name ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Description CITY OF OCEANSIDE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT ITS BOARD, OFFICERS, AGENTS AND EMPLOYEES Addltlonal Insured Name and Address CALIFORNIA ALLIANCE FOR COMMUNITY COMPO KOURTNII BROWN, BOARD PRESIDENT AND CEO 221 W AVENUE 45, LOS ANGELES, CA 90065 PEOPLE, FOOD, AND LAND FOUNDATION INC. JOHN HEYWOOD, EXECUTIVE DIRECTOR PO BOX 314, PRATHER, CA 93651 CITY OF ESCONDIDO A CALIFORNIA MUNICIPAL CORPORATION ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS 201 N. BROADWAY, ESCONDIDO, CA 92025 CITY OF OCEANSIDE, ITS OFFICERS, AGENTS AND EMPLOYEES 300 NORTH COAST HIGHWAY, OCEANSIDE, CA 92054 Addltlonal Detalls Location: 300 N COAST HWY OCEAN SIDE, CA 92054 Location: 710 ENCINITAS BLVDENCINITAS, CA 92024 Location N/A N/A N/A N/A CITY OF CARLSBAD/CMWD C/O N/A EXIGIS INSURANCE COMPLIANCE SERVICE PO BOX 4668 / ECM # 35050, NEW YORK, NY 10163 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT ITS BOARD, OFFICERS, AGENTS AND EMPLOYEES 710 ENCINITAS BLVD, ENCINITAS, CA 92024 N/A 9 Docusign Envelope ID: E32AFD6B-3EF4-81D0-816C-8E42892D36A7 Declarations: Business Liability Coverage Part CONTINUED r,, Ill] 111e1,,,., -•~'-"' I ~~::ilJ..~"i--i; 1::IIJI I ■ .... , Form Number Form Name Addltlonal Insured Name Location and Address CITY OF SAN MARCOS REED N/A THORNBERRY, STORMWATER PROGRAM MGR. 1 CIVIC CENTER DR, SAN MARCOS, CA 92069 THE WEST VALLEY CLEAN N/A WATER PROGRAM AUTHORITY, ITS OFFICERS 1 WEST CAMPBELL AVENUE #H73, CAMPBELL, CA 95008 CITY OF CARLSBAD, ITS N/A OFFICERS, OFFICIALS, EMPLOYEES, AGENTS & VOLUNTEERS ATTN: CONTRACT ADMINISTRATION 1635 FARADAY AVENUE, CARLSBAD, CA 92008 CITY OF ESCONDIDO, ITS N/A OFFICIALS, EMPLOYEES, AND VOLUNTEERS UTILITIES ADMINISTRATION 201 N. BROADWAY, ESCONDIDO, CA 92025 CITY OF ENCINITAS, ITS N/A OFFICERS, ELECTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ATENTION: BILL WILSON 505 S VULCAN AVENUE, ENCINITAS, CA 92024 SL30481018 ADDITIONAL INSURED -OWNERS, CITY OF OCEANSIDE N/A LESSEES OR CONTRACTORS -300 N COAST HWY,, OCEANSIDE, SCHEDULED PERSON OR CA 92054 ORGANIZATION CITY OF CARLSBAD ATTN: N/A CONTRACT ADMINISTRATION 1635 FARADAY AVE, CARLSBAD, CA 92008 SL30361018 ADDITIONAL INSURED -OWNERS, CITY OF OCEANSIDE LOG 001 BLDG 001 LESSEES OR CONTRACTORS -300 N COAST HWY, OCEANSIDE, COMPLETED OPERATIONS CA 92054 CITY OF ENCINITAS LOG 001 BLDG 001 505 S VULCAN AVE, ENCINITAS, CA 92024 Form: SC 00 01 10 18 10