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HomeMy WebLinkAboutSan Diego Food System Alliance; 2020-09-28; PSA21-1249ENVPSA21-1249ENV City Attorney Approved Version 6/12/18 1 AGREEMENT FOR FOOD WASTE REDUCTION AND RECOVERY SERVICES SAN DIEGO FOOD SYSTEM ALLIANCE THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and SAN DIEGO FOOD SYSTEM ALLIANCE, a California not-for-profit corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in food waste reduction and recovery services. B. Contractor has the necessary experience in providing professional services and advice related to food waste reduction and recovery services. 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 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 will be twenty-four thousand two hundred and fifty-five dollars ($24,255). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. 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: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B September 28th PSA21-1249ENV City Attorney Approved Version 6/12/18 2 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 indemnify and hold harmless the City and its officers, 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. 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 DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B PSA21-1249ENV City Attorney Approved Version 6/12/18 3 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 $1,000,000 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). $1,000,000 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 three 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. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B PSA21-1249ENV City Attorney Approved Version 6/12/18 4 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 three (3) 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. 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. For City For Contractor Name Avecita Jones Name Geertje Grootenhuis Title Senior Program Manager Title Program Manager Department Environmental Management Address PO Box 3185 City of Carlsbad San Diego, CA 91263 Address 1635 Faraday Avenue Phone No. 858-245-3781 Carlsbad, CA 92008 Email geertje@sdfsa.org Phone No. 760-602-7542 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. DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B PSA21-1249ENV City Attorney Approved Version 6/12/18 5 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 in all categories. Yes ☒ No ☐ 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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. 20. 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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 DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B PSA21-1249ENV City Attorney Approved Version 6/12/18 6 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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. 22. 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. 23. JURISDICTION AND VENUE 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. 24. 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. 25. 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. DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B PSA21-1249ENV City Attorney Approved Version 6/12/18 7 26. 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. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SAN DIEGO FOOD SYSTEM ALLIANCE, a California not-for-profit corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Elly O’Rourke, Executive Director, CEO & President (print name/title) By: (sign here) (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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B (Elly O’Rourke) SAN DIEGO FOOD SYSTEM ALLIANCE P.O. Box 3185, San Diego, CA 92163 Fiscally sponsored by Leah’s Pantry (Tax ID: 20-5512442) CONTACT​ ​Geertje Grootenhuis, Program Manager| 858.245.3781 | geertje@sdfsa.org Proposal of Services: Food Waste Reduction and Recovery in the City of Carlsbad About San Diego Food System Alliance,​ ​SDFSA: The mission of the San Diego Food System Alliance is to cultivate a healthy, sustainable, and just food system in San Diego County. We are a diverse and inclusive network that works across sectors to promote collaboration, influence policy, and catalyze transformation in the food system. Our work is grounded in a shared vision for change, and is informed by the experience and expertise of our network and the broader community. Together, we are working to create a food system that elevates social, environmental, and economic equity for all. Our network actively engages over 150 organizations representing various sectors across the food system, and broadly reaches over 2000 individuals annually. We facilitate a 40-member Leadership Council comprised of food system leaders that guide our overall strategy along with five Working Groups that bring together individuals working across the food system in the following areas: healthy food access, wasted food prevention & food recovery, urban agriculture, reducing barriers to farming, and sustainable seafood. We also facilitate ad hoc networks to address emerging food system opportunities in the region such as good food procurement and carbon farming. In addition to network development, we lead regional food system planning efforts, conduct policy advocacy, provide food system education, organize community events, and offer capacity-building services to catalyze food system transformation in the region. Cultivating a healthy, sustainable, and just food system in San Diego County | ​sdfsa.org  PSA21-1249ENV Exhibit A DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B SAN DIEGO FOOD SYSTEM ALLIANCE  Background: Recent State law SB 1383 requires cities and counties to develop and implement plans and programs to reduce food waste and recover edible food for human consumption. Specific goals, mandates and timelines are included in these laws: (1) By 2020 – 50% organic waste disposal reduction (below the 2014 level). (2) By 2025 – 75% organic waste disposal reduction (below the 2014 level). (3) By 2025 – 20% increase in recovery of edible food that is currently disposed of. Jurisdictions need to start planning now to put programs into place by 2022, when enforcement begins. Significant planning and program implementation will be required, as will ongoing progress reporting. This effort will require new approaches to reduce the organic waste stream, as well as identify opportunities for community partnerships. The San Diego Food System Alliance (SDFSA), is recognized regionally and by CalRecycle as a leader in food waste reduction and recovery technical assistance, and has developed tools and resources to support informed and efficient food waste prevention solutions. Proposal: This proposal is for contract where the resources of SDFSA are used to: Phase 1 – Food Recovery Assessment ●Identify all food recovery organizations in the City of Carlsbad. Gather information about major barriers and capacity constraints for food recovery agencies operating within the City of Carlsbad through interviews and/or surveys, and provide the City with findings. ●Identify existing food donation activity in the City of Carlsbad and provide estimated measurement of existing efforts. Provide guidance on ongoing food donation measurement. ●Develop a roadmap/report for expanding food recovery in the City of Carlsbad. The roadmap/report will outline solutions to address capacity constraints identified through interviews with food recovery agencies and will include an assessment of options for improvement and associated costs. ●Present food recovery capacity assessment findings and recommendations to Carlsbad City Council and other City stakeholders. Phase 2 – Educational Resources ●Develop educational resources for food service facilities in the City of Carlsbad, which may include social media posts, guides, handouts, flyers, or worksheets, to be determined by City staff and Alliance staff. Cultivating a healthy, sustainable, and just food system in San Diego County | ​sdfsa.org  PSA21-1249ENV Exhibit A (continued) DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B SAN DIEGO FOOD SYSTEM ALLIANCE  Phase 3 – Food Donation Technical Assistance + Support ●Provide food donation technical assistance and general support to select food service facilities in the City of Carlsbad, as needed. Food donation technical assistance is in-depth support and hand-holding for businesses to help them set up a successful donation program. Technical assistance may include any or all of the following: site visits, support developing Food Donation Standard Operating Procedures for each site, and partnership matching, in addition to general food donation best practice education. Food donation general support includes email and phone calls to answer food donation questions (i.e. liability, food safety best practices, etc.) and introductions to food recovery agencies for food donation partnership set up. *SDFSA provides solutions that align with the EPA Food Recovery Hierarchy, with the belief that prevention should always be pursued as the most preferred method for food waste reduction. While providing technical assistance and general support for food service facilities around food donation, SDFSA staff will educate about the importance of prevention/source reduction and point sites to relevant prevention tools and resources. Work Plan – 10 months: This work plan should be seen as dynamic, subject to adjustment as mutually agreed as work proceeds. Due to the COVID-19 pandemic, the work plan may need to be adjusted depending on how the outbreak’s effects on food businesses and events unfolds. The Alliance acknowledges the inherent uncertainty of the COVID-19 situation and agrees to remain flexible to shifting needs as mutually agreed upon. The breakdown of staffing hours in the table below is meant as a rough estimate. Hours may shift between Phases as needed. Total work across all phases of this contract shall not exceed 245 hours. Depending on the success of the 10-month period, a continuing contract relationship may be established. Cultivating a healthy, sustainable, and just food system in San Diego County | ​sdfsa.org  PSA21-1249ENV Exhibit A (continued) DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B SAN DIEGO FOOD SYSTEM ALLIANCE  Phase Action Items Deliverables Staffing Phase 1 – Food Recovery Assessment Identify all food recovery agencies in Carlsbad. Gather information about major barriers and capacity constraints for food recovery agencies and provide the City with findings. Conduct interviews and surveys with food recovery agencies to inform food recovery expansion recommendations. Identify current food donation activity in the City of Carlsbad and provide estimated measurement of current recovery. Provide guidance on ongoing food donation measurement. Develop reports outlining food recovery capacity constraints and recommendations for improvement. Lists of all food recovery agencies operating in Carlsbad, including contact information, types of food accepted, and service area. Lists of current food donors and donation quantities. Reports to city staff about food recovery capacity constraints, including guidance and roadmap recommendations for expanding food recovery. Presentations to city staff and city council. 160 hours total = $13,500 total Estimated 6 month timeline Phase 2 – Educational Resources Develop educational resources for implementing source reduction and donation solutions to reduce food waste for City of Carlsbad food service facilities. Educational resources as needed, which may include social media posts, guides, handouts, flyers, or worksheets, to be determined by city staff and Alliance staff. 30 hours total = $3,600 total Estimated 4 month timeline Cultivating a healthy, sustainable, and just food system in San Diego County | ​sdfsa.org  PSA21-1249ENV Exhibit A (continued) DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B SAN DIEGO FOOD SYSTEM ALLIANCE  Phase 3 – Food Donation Technical Assistance + General Support Provide food donation technical assistance and general support for food service facilities in the City of Carlsbad. Technical assistance may include any or all of the following: site visits, support developing Food Donation Standard Operating Procedures for each site, and partnership matching, in addition to general food donation best practice education. Food donation general support includes email and phone calls to answer food donation questions (i.e. liability, food safety best practices, etc.) and introductions to food recovery agencies for food donation partnership set up. 55 hours total = $4,950 total Estimated 6 month timeline Estimated Timeline: Subject to change as mutually agreed upon. Phase 1 Phase 2 Phase 3 Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Oct ‘20 Nov ‘20 Dec ‘20 Jan ‘21 Feb ‘21 Mar ‘21 April ‘21 May ‘21 June ‘21 July ‘21 Cultivating a healthy, sustainable, and just food system in San Diego County | ​sdfsa.org  PSA21-1249ENV Exhibit A (continued) DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B SAN DIEGO FOOD SYSTEM ALLIANCE  Budget: SDFSA Staff Time 245 hours @ $90/hour $22,050.00 Administrative Support @ 10% 10% of $22,050.00 $2,205.00 Total $24,255.00 Cultivating a healthy, sustainable, and just food system in San Diego County | ​sdfsa.org  PSA21-1249ENV Exhibit A (continued) DocuSign Envelope ID: 71A6B3FB-ABC1-4E14-8C3E-DAC8ED62824B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/9/2020 CalNonprofits Insurance Services150041stAvenueSuite280CapitolaCA95010 Jerusha Sandhu (831)824-5005 jerusha@cal-insurance.org Nonprofits Insurance Alliance of California 10023 SANDIEG-17 San Diego Food System AllianceP.O.Box 3185SanDiegoCA92103 96670738 A X 1,000,000 X 500,000 20,000 1,000,000 2,000,000 Y Y 2020-63480 3/18/2020 3/18/2021 2,000,000 A 1,000,000 X X Y Y 2020-63480 3/18/2020 3/18/2021 A ImproperSexualConductSocialServicesProfessional YY YY 2020-63480 3/18/2020 3/18/2021 Per OccurencePerOccurence 1,000,0001,000,000 The City of Carlsbad,its officers,officials,employees and volunteers are named as an Additional Insured when required by written contract per CG 20 26 04 13withrespecttheGeneralLiabilitypolicyandtheNamedInsured's operations. City of Carlsbad1635FaradayAveCarlsbadCA92008 Policy Number: COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, 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. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/22/2020 25674 San Diego Food System Alliance P.O. BOX 3185 San Diego, CA 92163 A X UB2R423415 9/1/2020 9/1/2021 1,000,000 1,000,000 1,000,000 Waiver of subrogation applies in favor of certificate holder with regards to workers compensation policy. City of Carlsbad/CMWD 1635 Faraday Avenue Carlsbad, CA 92008 SANDIEG-37 ALAI AP Intego Insurance Group, LLC 1601 Trapelo Rd Suite 280 Waltham, MA 02451 support@apintego.com Travelers Property Casualty Company Of America X WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS EMPLOYERS LIABILITY POLICY ENDORSEMENT-CALIFORNIA WORKERS COMPENSATION ENDORSEMENT WC 04 03 06 (01) – POLICY NUMBER: AND UB-2R423415-20-42-G 001 ONE TOWER SQUAREHARTFORD CT 06183 JOB DESCRIPTION PROVIDING CONSULTING CONTRACT TO SUPPORT CITY OF CARLSBAD WITH FOOD WASTE PREVENTION AND DONATION PLANNING 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 5.00% OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. PERSON OR ORGANIZATION SCHEDULE CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 PageDATE OF ISSUE:ST ASSIGN:of 109-21-20 1