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HomeMy WebLinkAboutBlessing White; 2016-02-19;AMENDMENT NO. 4 TO EXTEND THE AGREEMENT FOR EMPLOYEE ENGAGEMENT CONSULTING SERVICES BLESSING WHITE, A DIVISION OF GP STRATEGIES CORPORATION This Amendment No. 4 is entered into and effective as of the \ 1::tlo, day of __i_:s~~-w...:,,,.~------' 2020, extending the agreement dated February 19, 2016 (the and between the City of Carlsbad, a municipal corporation, ("City"), and Blessing White, a divis· of GP Strategies Corporation, ("Contractor") (collectively, the "Parties") for employee engagement consulting services. RECITALS A. On February 3, 2017, the Parties executed Amendment No. 1 to extend the agreement for one (1) year. B. On February 14, 2018, the Parties executed Amendment No. 2 to extend the agreement for one (1) year. C. On January 23, 2019, the Parties executed Amendment No. 3 to extend the agreement for one (1) year. D. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year starting on February 19, 2020 and ending on February 18, 2021 and funded in an amount not to exceed $30,000 per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR By: . / --JJ14,:d-L. 9 u C'---"-___ /- (sign here) fr1A H h( w A i/.4[+ v J-IV f' (print name/title) ~; CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: fl~~ U0 ~ ,,, BARBARA ENGLESON., C City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIAA. BR~~ity Attorney BY /lfMf/_ L a Assistant City Attorney City Attorney Approved Version 1 /30/13 2 Page 1 of 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) '---" 04/04/2019 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 NAME: Willis of Maryland, Inc. P.~~N.t C-"· 1-877-945-7378 I r.ffc Nol: 1-888-467-2378 c/o 26 Century Blvd it'lJ~ss: certificates@willis.com P.O. Box 305191 Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Great Northern Insurance Company 20303 INSURED INSURERB: Federal Insurance Company 20281 / GP Strategies Corporation Vigilant Insurance Company 20397 70 Corporate Center INSURERC: 11000 Broken Land Pkwy; Suite 200 INSURER D: Continental Casualty Company 20443 Columbia, MD 21044 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: Wl0833156 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n wvn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -□ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence l $ 1,000,000 A MED EXP (Any one person) $ 10,000 -35914035 04/04/2019 04/04/2020 PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ 0PRO-0LOC PRODUCTS -COMP/OP AGG $ Included POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ - X ANY AUTO BODILY INJURY (Per person) $ A -OWNED -SCHEDULED 73556608 04/04/2019 04/04/2020 BODILY INJURY (Per accident) $ -AUTOS ONLY f--AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY f Per accident) -f-- $ X UMBRELLA LIAS M OCCUR EACH OCCURRENCE $ 5,000,000 B - EXCESS LIAB CLAIMS-MADE 78184893 04/04/2019 04/04/2020 AGGREGATE $ 5,000,000 I OED I I RETENTION $ $ WORKERS COMPENSATION XI ~ffTuTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N C ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 71741258 04/04/2019 04/04/2020 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under EL DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below D Professional Liability 596779432 04/04/2019 04/04/2020 Each Claim $10,000,000 Aggregate $10,000,000 I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is included as an Additional Insured as respects to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Carlsbad 1635 Faraday Ave. 7'°7~Y-Carlsbad, CA 92008 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID, 17762532 BATCH, 1142524 CHUBB Liability Endorsement Endorsement Policy Period April 4, 2019 to April 4, 2020 Effective Date April 4, 2019 Policy Number 3591-40-35 BAL Insured GP STRATEGIES CORPORATION Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued April 4, 2019 This Endorsement applies to the following forms: GENERAL LIABILIY Who Is An Insured Additional Insured - Scheduled Person Or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Who ls An Insured, the following provision is added. Persons or organizations shown in the Schedule are Insureds, but they are Insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • If and then only to the extend the person or organization is described in the Schedule; • To the extent such contract or agreement requires the person or organization to be afforded status as an insured; • For activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • With respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision. • that is more specifically identified under any other provision of the Who Is An Insured actions (regardless of any limitation applicable thereto). • With respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Additional Insured -Scheduled Person or Organization continued Endorsement Page 1 Liability Endorsement (continued) Conditions Other Insurance - Primary Noncontributory Insurance -Scheduled Person or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Conditions, the following provision is added to the condition titled Other Insurance. If you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary Insurance such as is afforded by this policy, then in such case this insurance is primary and we will not seek contribution from Insurance available to such person or organization. Schedule City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 All other terms and conditions remain unchanged. Authorized Representative Additional Insured -Scheduled Person or Organization Endorsement continued Page 2 AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR EMPLOYEE ENGAGEMENT CONSULTING SERVICES BLESSING WHITE, A DIVISION OF GP STRATEGIES CORPORATION 1,bis Amendment No. 3 is entered into and effective as of the 7.. :2, ,r-Q_day of '::x,..'1/\.\.)..l).j' ~ , 2019, extending the agreement dated February 19, 2016 (the "Agreement")y and between the City of Carlsbad, a municipal corporation, ("City"), and Blessing White, a division of GP Strategies Corporation, ("Contractor") (collectively, the "Parties") for employee engagement consulting services. RECITALS A. On February 3, 2017, the Parties executed Amendment No. 1 to extend the agreement for one (1) year. B. On February 14, 2018, the Parties executed Amendment No. 2 to extend the agreement for one (1) year. C. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year starting on February 19, 2019 and ending on February 18, 2020 and funded in an amount not to exceed $30,000 per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR By: "711~ 0J~ {sign here) CITY OF CARLSBAD, a municipal corporation of the State of California edwi/1?-- Human Resources Director /J!A,lyvi/ (¢ri-nt~:~j;~ v,(l f (Lt,,)...J- i~~ Jt.-¼/4»J~ ,M- BARBARA ENGLESON rv City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer{s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney BY:_YM_L_ 9f? Assistant City Attorney City Attorney Approved Version 1/30/13 2 Page 1 of 1 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/03/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 NAME: Willis of Maryland, Inc. ~~~~~ ~-··· 1-877-945-7378 T FAX iAJC No': 1-888-467-2378 c/o 26 Century Blvd !~lJtss: P.O. Box 305191 certificates@willis.com Nashville, TN 372305191 USA INSURER/SI AFFORDING COVERAGE NAIC# INSURER A : Great Northern Insurance Company 20303 INSURED INSURER B : Federal Insurance Company 20281 GP Strategies Corporation INSURER c : Vigilant Insurance Company 20397 70 Corporate Center 11000 Broken Land Pkwy; Suite 200 INSURER D: Continental Casualty Company 20443 Columbia, MD 21044 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER· W5772561 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. NOT\NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \NITH 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 TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR ····-'····-POLICY NUMBER IMM/DD/YYYYl IMMIDDIYYYY' X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 -=i CLAIMS-MADE 0 OCCUR UAMAGt: TO REN l t::U PREMISES IEa occurrence\ $ 1,000,000 - A MED EXP (Anv one person\ $ 10,000 -35914035 04/04/2018 04/04 /2019 PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =i 0PRO-0Loc PRODUCTS • COMP/OP AGG Incl uded POLICY JECT $ OTHER: $ AUTOMOBILE LIABILITY ~~~~d~~?NGLE LIMIT $ 1,000,000 -X ANY AUTO BODILY INJURY (Per person) $ A -OIMIED -SCHEDULED AUTOS ONLY AUTOS 73556608 04/04/2018 04/04/2019 BODIL y INJURY (Per accident) $ -HIRED -NON-0\M>IED r:.~~~RAMAGE AUTOS ONLY AUTOS ONLY $ --$ X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 5,000,000 B -EXCESS LIAB CLAIMS-MADE 78184893 04/04/2018 04/04/2019 AGGREGATE $ 5,000,000 OED I I RETENTION $ $ WORKERS COMPENSATION X I ~¥~TUTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N C ANYPROPRIETORIPARTNER/EXECUTIVE EJ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N IA 71741258 04/04/2018 04/04/2019 (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 ~li~~~-¥r~ ~f;PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Professional Liability 596779432 04/04/2018 04/04/2019 Each Claim $10,000,000 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Carlsbad is included as an Additional Insured as respects to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Carlsbad 1635 Faraday Ave. f~tPr Carl sbad, CA 92008 © 1988-201 5 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 15889727 BATCH: 656740 CHUBB Liability Endorsement Endorsement Policy Period Effective Date Policy Number Insured April 4, 2018 to April 4, 2019 April 4, 2018 3591-40-35 BAL GP STRATEGIES CORPORATION Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued April 4, 2018 This Endorsement applies to the following forms: GENERAL LIABILIY Who Is An Insured Additional Insured - Scheduled Person Or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Who Is An Insured, the following provision is added. Persons or organizations shown in the Schedule are Insureds, but they are Insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • If and then only to the extend the person or organization is described in the Schedule; • To the extent such contract or agreement requires the person or organization to be afforded status as an insured; • For activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • With respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision. • that is more specifically identified under any other provision of the Who Is An Insured actions (regardless of any limitation applicable thereto). • With respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Additional Insured -Scheduled Person or Organization continued Endorsement Page 1 Liability Endorsement (continued) Conditions Other Insurance - Primary Noncontributory Insurance -Scheduled Person or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Conditions, the following provision is added to the condition titled Other Insurance. If you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary Insurance such as is afforded by this policy, then in such case this insurance is primary and we will not seek contribution from Insurance available to such person or organization. Schedule City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 All other terms and conditions remain unchanged. Authorized Representative Additional Insured -Scheduled Person or Organization Endorsement continued Page 2 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR EMPLOYEE ENGAGEMENT CONSULTING SERVICES BLESSING WHITE, A DIVISION OF GP STRATEGIES CORPORATION endment No. 2 is entered into and effective as of the / i/-/fJ day of .....,...~__,,_,_.._........_.._._--==-----' 2018, extending the agreement dated February 19, 2016 (the tween the City of Carlsbad, a municipal corporation, ("City"), and Blessing White, a division GP Strategies Corporation, ("Contractor") (collectively, the "Parties") for employee engagement consulting services. RECITALS A. On February 3, 2017, the Parties executed Amendment No. 1 to extend the agreement for one (1) year. B. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year starting on February 19, 2018 and ending on February 18, 2019 and funded in an amount not to exceed $30,000 per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR int name/title) (sign here) /flt:t-ff-kw A. VH-A:v/t v-P (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: ( Ii . \.]'] ;yn, ~l,A_,/~ BARBARA ENGLESON t/ City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: ~ Assistant City Attorney City Attorney Approved Version 1 /30/13 2 -· ~ GPSTRAT-01 SMITHGA A,CORo· CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) .______..,. 4/6/2017 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 BElWEEN 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\?~l~cT Willis Towers Watson Certificate Center Willis of Maryland, Inc. r~g~io, Ext): (877) 945-7378 [ iffc, Nol:(888) 467-2378 c/o 26 Centuq; Blvd P.O. Box 305 91 ~ib_s· certificatesc@willis.com Nashville, TN 37230-5191 INSURER!SI AFFORDING COVERAGE NAIC# ~--INSURER A: Great Northern Insurance Comoanv 20303 INSURED GP Strategies Corporation INSURER B: Libertv Insurance Underwriters Inc 19917 70 Corporate Center INSURER c: Viailant Insurance Comoanv 20397 11 ooo·sroken Land Parkway INSURER D: Continental Casualtv Comoanv 20443 Suite 200 i Columbia, MD 21044 INSURER E: 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. NOTV\/lTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \NITH RESPECT TO 1/VHICH 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. l~f~! TYPE OF INSURANCE f,?.P~ 1~/: POLICY NUMBER POLJ<;:Y EFF .f9L.!<;:.~~2<!' LIMITS A! COMMERCIAL GENERAL LIABILITY t EACH OCCURRENCE s 1,000,000 D CLAIMS-MADE ~ OCCUR 35914035 04/04/2017 04/04/2018 ~~~~ltM9~~E-~E.£nc»\ $ 1,000,000 I MED EXP (Anv one oerson\ -$ 10,000 1,000,000 I PERSONAL & ADV INJURY $ -2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: ! I GENERAL AGGREGATE s H POLICY 0 j~i' 0 LOC PRODUCTS -COMP/OP AGG s Included : s : OTHER ' A ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT /F,a acddent\ s 1,000,000 X ANY AUTO 173556608 04/04/2017 04/04/2018 BODILY INJURY /Per =rsonl $ -O\NNED SCHEDULED ~ AlJTOS ONLY ~ AUTOS BODILY INJURY /Per accident\ $ PROPERTY DAMAGE HIRED ~8foi"mJc~ $ '--AUTOS ONLY '--/Per acadenti $ B ~~ UMBRELLA LIAB ~ OCCUR I EACH OCCURRENCE $ 5,000,000 EXCESS LIAB , CLAIMS-MADE [ 100004153309 04/04/2017 04/04/2018 AGGREGATE $ 5,000,000 I i DED I X I RETENTION$ O! $ C WORKERS COMPENSATION I I XI ~~fT,~E I I OTH-ER ANO EMPLOYERS· LIABILITY Y/N 71741258 04/04/2017 04t04tzo15 j E.l. EACH ACCIDENT 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [[] ]NIA $ OFFICER/MEMBER EXCLUDED? i E.L DISEASE -EA EMPLOYEF 1,000,000 (Mandatory in NH) $ If yes. describe under i DESCRIPTION OF OPERATIONS below I El DISEASE -POLICY LIMIT $ 1,000,00 0 D Professional Liab. !596779432 04/04/2017 04/04/2018 [See Attached I i I ! i i I i DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required! City of Carlsbad is included as an Additional Insured as respects to General Liability. CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave. ,r~rlrh~N rA Q?On!! ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name aod logo are registered marks of ACORD / / .I ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS / / ,j POLICY TYPE: Professional Liability Each Claim: $10,000,000 CARRIER: Continental Casualty Company Aggregate: $10,000,000 POLICY TERM: 4/4/2017 -4/4/2018 POLICY NUMBER: 596779432 j CHUBB Liability Endorsement Endorsement Policy Period Effective Date April 4, 2017 to April 4, 2018 ApriI4,2017 Policy Number 3591-40-35 BAL Insured GP STRATEGIES CORPORATION Name of Company GREAT NORTHERN fNSURANCE COMPANY Date Issued April 4, 2017 This Endorsement applies to the following forms: GENERAL LIABIL!Y Who Is An Insured Additional Insured - Scheduled Person Or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Who Is An Insured, the following provision is added. Persons or organizations shown in the Schedule are Insureds, but they are Insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • If and then only to the extend the person or organization is described in the Schedule; • To the extent such contract or agreement requires the person or organization to be afforded status as an insured; • For activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • With respecc to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision. • that is more specifically identified under any other provision of the Who Is An Insured actions (regardless of any limitation applicable thereto). • With respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization wou Id have in the absence of such contract or agreement. Additional Insured -Scheduled Person or Organization continued Endorsement Page 1 ;Uabii;ty Endorsement (continued) Conditions Other Insurance - Primary Noncontributory Insurance -Scheduled Person or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Conditions, the following provision is added to the condition titled Other Insurance. If you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary Insurance such as is afforded by this policy, then in such case this insurance is primary and we will not seek contribution from Insurance available to such person or organization. Schedule City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 All other terms and conditions remain unchanged. Authorized Representative Additional Insured -Scheduled Person or Organization Endorsement continued Page 2 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR EMPLOYEE ENGAGEMENT CONSULTING SERVICES BLESSING WHITE, A DIVISION OF GP STRATEGIES CORPORATION Th" Amendment No. 1 is entered into and effective as of the \.3 tJd day of ~...J..-.-'~,H-.l.'""'"""'"""""~'=::------' 20/'7, extending the agreement dated February 19, 2016 (the tween the City of Carlsbad, a municipal corporation, ("City"), and Blessing White, a division o GP Strategies Corporation, ("Contractor") (collectively, the "Parties") for employee engagement consulting services. RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year starting on February 19, 2017 and ending on February 18, 2018 and funded in an amount not to exceed $30,000 per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR By:~~ c:r.J~ (sign here) fl1 A-ftlew A. U MA=J A--- (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Human Reijources Director ATTEST: \~U~wJk BARBARA ENGLEsoN z~ City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: City Attorney Approved Version 1/30/13 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. OTHERCONTRACTORS 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 City Attorney Approved Version 4/1/15 2 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. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 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. 1 0.1.3 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. 1 0.1.4 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: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 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 to City. Upon City's request during the term of the agreement or within 60 days of termination, Contractor will delete City's data from Contractor's files and additionally, if requested, Contractor will provide survey responses to City in Contractor's current database/file backup format or in a common data file type such as .csv, .txt or .xlsx. 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 Name Debbie Porter Title Sr. Management Analyst Department Human Resources City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. Email 760-602-2441 debbie. porter@carlsbadca.gov For Contractor Name Anita Leto Director, Southern California, Las Title Vegas & Arizona Address 200 Clocktower Hamilton, NJ 08690 Phone No. 1-858-442-7167 Email aleto@gpstrategies.com 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. City Attorney Approved Version 4/1/15 4 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 four categories. 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 ( 1 0) 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 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 4/1/15 5 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. City Attorney Approved Version 4/1/15 6 EXHIBIT "A" SCOPE OF SERVICES On-site Day: Includes: Customizing presentation, 1$5,500, creating the PPT, advising on content and includes expenses • 1-1.5 hour all-hands meeting delivering presentation. Later that day, • 0.5 hour portal tutorial for begin the legwork for senior team working managers session (interviews, discussions, coming up • 3 hours of meeting with City with key themes). Manager and/or senior leaders Before the on-site day: to understand & plan Conversation with HR-1 hour consulting day Conversation with City Manager-1 hour On-site Day: Content will be derived from the above $3,000, includes expenses • Presenting at two (2) ad-hoc all-hands meetings • 0.5 hour portal tutorial for managers On-site Day(s): Includes: An agenda and facilitation with ~5,500/day, includes clear objectives, the goal to increase ~expenses Working session(s) with employee engagement leadership Optional services to be delivered only upon City's request 1) Engagement Champion Includes: Up to 12 champions who will $15,000, plus travel Development attend two webcasts and one in-person expenses as outlined session. Designed so that champions will in the Travel 1. be experts and advocates Reimbursement 2. coach leaders section below 3. educate the organization and 4. facilitate sharing of best practices and organizational barriers and supports. 2) Additional consulting services City and Contractor will mutually agree on a fixed cost depending re: employee engagement on the specific services requested Travel Reimbursement Reimbursement for travel expenses will follow the guidelines outlined in the City Council Policy No.2-Travel Policy attached to this agreement as Exhibit "B". The city will pay for publicized coach/economy airfare and transportation expenses. Affordable lodging arrangements will be made by the Human Resources (HR) Department at preferred providers which will be billed directly to the HR Department. Meal expenses will not exceed $50.00 per day. The contractor will supply a detailed outline of all expenses and original receipts for accounting purposes. City Attorney Approved Version 4/1/15 8 Exhibit~ CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. 2 (Page 1 of 5) Date Issued 04/04/06 · Effective Date 04/04/06 General Subject: Specific Subject: Copies to: PURPOSE: TRAVEL POLICY Cancellation Date ___ _ Supersedes No. 3 (Dated 12/14/99) City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File To establish a policy to be followed by Council Members, other elected officials, commission/board members, and all City employees when traveling on City business. This policy supersedes all other travel policies. BACKGROUND: Occasionally, it is necessary for City personnel to attend meetings, travel outside the City to conduct City business, and attend conferences, seminars and training sessions. Various modes of transportation are available and other associated costs vary considerably. The City Council has adopted a policy to control the costs involved, and to compensate individuals for actual necessary expenses related to travel and meetings. DEFINITIONS: City Business Travel shall be defined as travel which requires elected officials, members of a commission or board, or City employees to conduct specific items of City business away from their normal place ofbusiness. City Employee means any person regularly employed by the City, excluding elected officials and members of commissions, committees, authorities or boards. Commissioner shall mean any person appointed by the City Council to an established board, committee, authority or commission. Out-of-State Travel includes all costs related to business travel outside the State of California. In-State Travel includes all costs related to business travel within the State of California. Miscellaneous Meals/Mileage includes all miscellaneous costs not directly attributable to conferences or training, such as travel to other City facilities. 3 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: TRAVEL POLICY Specific Subject: Exhibit(.~ Policy No. 2 (Page 2 of 5) Date Issued 04-04-06 Effective Date 04-04-06 Cancellation Date ___ _ Supersedes No. 3 (Dated 12/14/99) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File POLICY IN GENERAL: 1. Requests for travel shall, in al1 cases, be limited to situations from which the City will derive a benefit through the attendance of a representative. 2. For City Council Members, all travel involving more than five (5) days should be approved in advance by the Council. Travel of five (5) days or less need not have prior approval if funds are available in the current budget. The Mayor is authorized to approve extended overnight travel for emergency cases. 3. Except for elected officials, commissioners and board members, and Council appointed employees, the number of City employees attending any single conference should be limited to those whose attendance will provide a benefit to the City. Any number of elected officials, col11111issioners, or Council appointed employees may attend conferences provided that funds are available for such purposes. 4. The City Manager, or his/her designee, may approve any in-state travel, travel specifically approved in the operating budget, and any travel for educational purposes. The City Manager (or his/her designee) may also authorize out-of-state travel for unanticipated purposes if funds are available and the subject travel has a duration of two days or less (one night's stay). Unanticipated out-of-state travel for a duration exceeding two days must be authorized by the City Council. 5. Each officer, employee, advisory commissioner, and board member of the City is expected to be as thrifty and prudent as possible when traveling at the City's expense. To ensure that City officers, employees, commissioners and board members are able to travel when necessary to accomplish essential City business, travel funds must be expended in the most economical and efficient way possible. 6. Receipts are required for all business travel expenses such as transportation, lodging and incidental costs exceeding five ($5) dollars except for the City Council, where receipts are required for every item to be reimbursed. In order to comply with IRS and State Regulations, receipts are required for all meal and entertainment expenses for City Council Members. In addition, for all travel expenses for other City employees (including meals and entertainment), the following information must appear on the expense report and/or the receipts submitted: a. The amount of the expenditure. b. The date and place of the expenditure. c. The business purpose of the expenditure. d. The business relationship to the person entertained, as well as the individuals' names. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: TRAVEL POLICY Specific Subject: ExhibitS Policy No. 2 (Page 3 of 5) Date Issued 04-04-06 Effective Date 04-04-06 Cancellation Date ___ _ Supersedes No. 3 (Dated 12/14/99) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File POLICY IN GENERAL (Continued): The IRS also requires that if the expenditures are not substantiated with the above information, they may be considered '"wages" subject to payroll tax withholding. The use of a City credit card for payment of business meals and entertainment does not preclude the requirement to complete and submit an expense report. 7. Travel advances to City employees need to be substantiated or reimbursed as soon as possible upon completion of trip (normally within 30 days). If the expense report is not filed timely, any travel advances may be subtracted from the employee's payroll check. No further City funds will be advanced for travel until the employee files his/her outstanding expense report. 8. · Administration of this policy will be as directed from time to time by the City Manager. TRANSPORTATION: - 1. Use of air, train, private automobile, or other mode of public transportation shal1 be selected on the basis of the least total cost to the City after all expense items are tabulated, including travel time salary costs. 2. When the use of a private automobile to destinations within 200 miles of the City limits is approved, mileage reimbursement shall be at the rate then currently prescribed by IRS regulations. Individuals with an auto allowance will not receive mileage reimbursements for trips within 200 miles of the City limits. However, use of City-owned vehicles is allowed for travel within 200 miles of the City limits. If use of a private automobile to destinations beyond 200 miles is approved by the City Manager or his/her designee, including those individuals with an auto allowance, reimbursement shall not exceed the cost of a round trip coach or equivalent class air fare. Exceptions are subject to approval by the City Manager or his/her designee (such as in cases where required items to be transported are not allowed on any mode of public transportation). Such reimbursement shall be computed based on the mileage from the normal work location to the final destination. For the purpose of determining personal vehicle mileage reimbursement, the designated normal work location for each City employee is the place where that employee spends the largest portion of his/her regular workday or working time, or the place to which he/she returns upon completion of regular or special assignments. The cost of the daily commute to the office is the employee's responsibility. 3. When the use of public air carrier is approved, the City shall pay the lowest available fare at the time the reservation is booked. Upgrades to a higher class of air service will be at the employee's expense. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: TRAVEL POLICY Specific Subject: ExhibitS Policy No. 2 (Page 4 of 5) Date Issued 04-04-06 Effective Date 04-04-06 Cancellation Date ___ _ Supersedes No. 3 (Dated 12/14/99) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File TRANSPORTATION (Continued): 4. Authorized travel time shall be based on that required by the most appropriate and expedient mode of public transportation. The additional travel time will not be considered City work hours. 5. While traveling, employees are encouraged to use public transportation whenever possible. For example, courtesy shuttle service, buses, taxis, or limousine service should be utilized between airports and meeting locations when such services are reasonably available. Rental vehicles should be used when other transportation is unavailable, untimely, or a rental vehicle is the most economical mode of transportation. 6. Reimbursement for travel time will be made in accordance with FLSA guidelines. LODGING: 1. Lodging shall be obtained at the most economical rate available for good quality lodging. When there is an officially designated conference hotel, the traveler is encouraged to take advantage of these accommodations. Lodging expenses for spouses are not reimbursable, and any additional expenses must be paid by the elected official, commissioner or employee. 2. Business related telephone charges which are added to the lodging bill may be reimbursed. Reimbursement of personal calls will be allowed in an amount not to exceed the higher of $10.00 per day or ten minutes of phone time. Reimbursement of personal calls in excess of this limit may be authorized by the City Manager or his/her designee, under special circumstances. MEALS AND INCIDENTAL EXPENSES: 1. Notwithstanding other limits stated elsewhere, the City Council will be reimbursed the actual costs of meals, plus tips and incidental expenses that are substantiated with a physical receipt while on official City business. 2. Each commissioner or employee authorized to travel may submit the actual cost of meals, tips and incidental expenses for reimbursement up to a limit of $50 per day. If it is anticipated that this limit will be exceeded, then prior approval by the City Manager or his/her designee is required. The City Manager may approve sucp additional expenditures, within the limits of his/her expenditure authority, as necessary. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: TRAVEL POLICY Specific Subject: Exhibit c v Policy No. 2 {Page 5 of 5) Date Issued 04-04-06 Effective Date04-04-06 Cancellation Date ___ _ Supersedes No. 2 ffiated 12/14/99) Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File MEALS AND INCIDENTAL EXPENSES (Continued): 3. The City will not reimburse the cost of alcoholic beverages. 4. Reasonable amounts for tipping will be reimbursed, however, reimbursement for tips will not be made in excess of 20%.