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HomeMy WebLinkAboutCenter for Sustainable Energy; 2017-09-26;AGREEMENT FOR CLIMATE ACTION PLAN OUTREACH BETWEEN CITY OF CARLSBAD AND THE CENTER FOR SUSTAINABLE ENERGY Tt-llS A REEMENT is made and entered into as of the d Ld:/J day of 1 , 20J;J._, by and between the CITY OF CARLSBAD, a municipal tion, ("City"), and the Center for Sustainable Energy, a 501 (c)(3) nonprofit, ("Contractor"). RECITALS City requires the professional services of a public outreach and involvement company experienced in changing behaviors that are harmful to the environment. Contractor has the necessary experience in providing these professional services, 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. This Agreement will be effective for a period of three years from the date first above written. This agreement shall automatically terminate in the event that subsequent agreement years (two and three) are not funded by the city council in each subsequent year's city budget. The Agreement may be extended for two additional one-year terms with the consent of both parties. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. Compensation. The total fee payable for the Services to be performed shall not exceed ninety-five thousand dollars ($95,000.00) per agreement year and shall be billed at the following rates: Center for Sustainable Energy Research Analyst Assistant Project/Marketing/Event Coordinator Sr. Project/Marketing/Event Coordinator Assistant Project/Marketing Manager Jr. Research Analyst Project Manager Sr. Project Manager Research Analyst Marketing Manager Sr. Research Analyst Assistant Director Director Sr. Director $74 hourly $74 hourly $80 hourly $100 hourly $100 hourly $112 hourly $145 hourly $120 hourly $136 hourly $135 hourly $159 hourly $186 hourly $210 hourly City Attorney Approved Version 6-2015 Subcontractor labor rates shall be billed at the following: Subcontractor Principal Senior Advisor Lead Researcher Research Project Manager Senior Research Associate Research Associate $260 hourly $210 hourly $205 hourly $170 hourly $135 hourly $100 hourly Mileage within the City of Carlsbad or other designated locations for the purposes of providing services will be reimbursed based on current IRS rates. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. 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 5. Ownership of Work(s). Excepting such items which are specifically identified by Contractor as proprietary trade secrets, any and all sketches, drawings, tracings, images (whether still or moving), audio sounds, recordings, notes, computations, writings, and other materials and documents (collectively "Work(s)") prepared by Contractor in the performance of this Agreement shall be the property of City from the moment of their preparation, and Contractor shall deliver such materials and documents to City, upon request. Contractor shall have the right to make duplicate copies of such materials and documents for its own file or for other purposes the City may agree as to in writing. 6. Titles and Copyright Assignment. Contractor and City intend this to be an Agreement for Services and each considers the deliverable product (Work) and results of the Services to be rendered by Contractor hereunder to be a work made-for-hire. Contractor acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City. City Attorney Approved Version 6-2015 2 If for any reason the Work would not be considered a work made-for-hire under applicable law, Contractor does hereby sell, assign, and transfer to City, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Work, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world. If the Work is one to which the provisions of 17 U.S.C. 106A apply, the Contractor hereby waives and appoints City to assert on the Contractor's behalf the Contractor's moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including, without limitation, removal or destruction) or the making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions or the Work, in any medium, for City purposes. Contractor agrees to execute all required documents and to perform such other proper acts, as City may deem necessary to secure for City or its designee the rights herein assigned. 7. Indemnification for Intellectual Property Infringement. Contractor agrees to defend, indemnify and hold harmless City, its elected officials, employees and agents from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, reasonable attorneys' fees, as provided herein, arising out of any claim that the Contractor's Works, products, services and/or deliverables, or any part of them, infringes upon or otherwise violates any copyright, trade secret, trademark, service mark, patent, invention, proprietary information, or other rights of any third party, or that City's use of them otherwise violates this Section [collectively referred to for purposes of this Section as "Infringement Claims(s)"], by paying all amounts that a court finally awards or that Contractor agrees to in settlement of such Infringement Claim(s), as well as any and all expenses or charges arising from such Infringement Claim(s), including reasonable attorneys' fees, as they are incurred by City or any other party indemnified under this Section. City also agrees that, if the use or operation of the Contractor's Works, products, services and/or deliverables, or any part of them, becomes, or in Contractor's opinion is likely to become, the subject of an Infringement Claim(s), City will permit Contractor, at Contractor's option and expense for all associated costs, either to procure the right for City to continue to use Contractor's Works, products, services and/or deliverables, or part thereof, or to replace or modify them with another item of comparable quality and performance capabilities to become non-infringing, provided such replacement or modification does not cause the product, services and/or deliverables, or any part thereof, to fail to comply with any of the requirements of this Agreement, including but not limited to, all functionality, technical specifications and performance warranties. In the event City's ongoing use of Contractor's Work's, products, services and/or deliverables, or any part of them, is the subject of any act by a third party arising from an Infringement Claim that would preclude or impair City's use of Contractor's Works, products, services and/or deliverables (e.g., injunctive relief), or if City's continued use of them may subject it to punitive damages or statutory penalties, City shall give written notice to Contractor of such fact(s). Upon notice of such facts, Contractor shall procure the right for City to continue to use the Works, products, services and/or deliverables, or part thereof, or replace or modify the City Attorney Approved Version 6-2015 3 Works, products, services and/or deliverables of comparable quality and performance capabilities to become non-infringing. If Contractor fails to complete the remedial acts set forth above within forty-five (45) calendar days of the date of the written notice from City, City shall have the right to take such remedial acts it determines to be reasonable to mitigate any impairment of its use of Contractor's Works, products, services and/or deliverables or damages (hereafter referred to as "City's Remedial Acts"). Contractor shall indemnify City for all amounts paid and direct and indirect costs associated with City's Remedial Acts. Failure by Contractor to pay such amounts within ten (10) calendar days of invoice by City shall, in addition to and cumulative to all other remedies, entitle City to immediately withhold payments due Contractor under this Agreement up to the amount paid in connection with City's Remedial Acts. 8. Indemnification -General. 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 in whole or in part by any willful misconduct or negligent act or omission 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. 9. Insurance. Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10. 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 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 City Attorney Approved Version 6-2015 4 work under this Agreement or the general aggregate will be twice the required per 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 five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 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 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. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version 6-2015 5 12. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 13. Termination. In the event of the Contractor's failure to prosecute, deliver, or perform the SeNices, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail and/or U.S. Mail of the termination. If City decides to abandon or indefinitely postpone the work or seNices 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. 14. 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. 15. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 16. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 17. Amendments This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 18. 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, City Attorney Approved Version 6-2015 6 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. 19. 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. II I I II City Attorney Approved Version 6-2015 7 CONTRACTOR Preaident (Print name/title) **By: (Sign here) (Print name/title) (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: \ 1WYDW<+&.{2-7(1c_ ·~ 1,~ BARBARA ENGLESON 0 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: CELIA A. BREWER, City Attorney By:~f/4,~J {L_,~J _ Assistant City Attorney City Attorney Approved Version 6-2015 8 EXHIBIT "A" SCOPE OF SERVICES The Carlsbad City Council adopted a Climate Action Plan in September 2015. The plan is required to meet state-mandated reductions in greenhouse gas emissions. The plan contains measures aimed at reducing greenhouse gas emissions, such as changes to city laws and policies, and upgrades to city facilities. Some measures are aimed at changing public behaviors that contribute to greenhouse gas emissions. This program will take a research-based approach to identifying behaviors that would have the greatest impact on reducing emissions while being the most likely to be adopted. The approach is called "Community Based Social Marketing." Once potential behaviors are identified, this program will conduct primary research to identify the most effective approaches to sustained behavior change. The contractor will then conduct pilot programs to test each strategy, prior to broad implementation, which will occur in year two. The behavior change approach utilized by this program is based on extensive social scientific research related to human behavior. Rather than providing information about the desired behaviors, which studies show has little, if any, impact, this program will focus on removing barriers to the desired behaviors, promoting benefits and creating a social norm around the new behavior. Securing commitments and prompting the new behavior are also key parts of this approach. While research intensive in the beginning phases, this is the only proven way to achieve lasting behavior change, which is required to achieve long term compliance with greenhouse gas reduction goals. Behavior Selection Task 1 Research and Literature Review (85 estimated hours (including subcontractor) / $11,400 Budget/ September-October 2017) • Attend kick off meeting with city staff within three weeks of contract execution. • Review existing city research (2016 Resident Survey, "Energy Efficiency Investments and Mobility Choices") • City to provide data file for contractor's use in analyzing with respect to demographics and other possible correlations that would assist in choosing targeted behaviors and strategies. • Conduct a comprehensive review of other available research and case studies pertinent to the measures outlined in the Climate Action Plan for the purpose of choosing targeted behaviors and strategies related to energy. A minimum of 8 related studies/programs will be included in the review. • Meet with one to three city staff for input on targeted behaviors related to energy. • Within two months of contract execution, complete a report summarizing literature review and recommending two to five targeted behaviors. Must include a minimum of 8 source documents/case studies. Report shall summarize current body of knowledge for targeted behaviors. City Attorney Approved Version 6-2015 9 Task 2 Barriers and Benefits Research (198 estimated hours (including subcontractor) I $25,000 Budget/ November -January 2017) • Center for Sustainable Energy to plan and conduct statistically valid mail or intercept survey based on focus group report from city. o Sample size for the mail survey= 100 and intercept survey= 30. o Provide survey results to city within one month of conducting survey. o City will pay printing, participant incentive and/or vendor costs for survey implementation • Within three months of completion of Task 1, prepare summary of research findings and present to staff. Report shall include a summary of the research methodology and findings, a summary of secondary research considered, best practices identified and recommended, and measurement baselines for each behavior. • Recommend first two targeted behaviors for outreach program. Task 3 Strategy Development (8 estimated hours (including subcontractor) I $1,000 Budget/ January -February 2018) • Within one month of completion of Task 2, attend a strategy meeting with city staff to discuss research findings and framework for strategy. Task 4 Pilot Testing (465 estimated hours (including subcontractor) I $57,600 Budget/ February -July 2018) • Within two months of completion of Task 3, Center for Sustainable Energy will conduct city-approved pilot testing programs for each targeted behavior to include a pilot audience, timeline and implementation plan, and record findings. • Within 7-10 business days of receiving pilot testing materials, review and provide comments on the materials for the pilot program. City will design and produce materials. • Work with city staff to update the overall communication strategy work plan and timeline based on pilot study results. Within 7-10 business days of receiving communication strategy report, review and provide feedback to city for final report. City Attorney Approved Version 6-2015 10 ACORDc•> CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DO/YYYY) ~ 09/12/17 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 pollcy(les) must be endonsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endonsemenl A statement on this certificate does not confer rights to the certificate holder In lleu of such endonsementtsl. PRODUCER CONTACT NAME: Alliant Insurance Services, Inc. PlioNE: PHONE: 1301 Dove St., Suite 200 NC.NO: Newport Beach, CA 92660 E-MAIL ADDRESS: 949-756-0271• Fax 949-756-2713• License No. OC36861 PRODUCER: CUSTOMER ID I INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER INSURER(S) AFFORDING COVERAGE NAIC# CENTER FOR SUSTAINABLE ENERGY ,_,_ --"""'"·-·--"-""'""' 9325 SKY PARK COURT, SUITE 100 INSURER A ASSOCIATED INDUSTRIES INSURANCE CO. 23140 SAN DIEGO, CA 92123-1502 INSURER B INSURER C INSURER D INSURER E I INSURER F COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i TYPE OF INSURANCE LTR A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE I. X GL DE_D ~1,000 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER x POLICY 1-··· I PRO-i · ·1 LOC A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS I l X HIRED AUTOS I X NON-OWNED AUTOS AUTO OED $1,000 I UMBRELLA LIAB . I EXCESSUAB DEDUCTIBLE RETENTION l OCCUR CLAIMS MAllla 1 Y/N I I ' (MANDATORY IN NH) Ir' YES. DESCRIBE UNOEH DESCRIPTION OF OPERATIONS BELOW I ADDL SUBR INSR ,WVD X I N/A I ! POLICY NUMBER I PAC 1000082 05 I PAC 1000082 05 POLICYEFF (MMIDD/YY) 09/29/16 09/29/16 1 POUCYEXP i (MMIDD/YY) i 09/29/17 09/29/17 -------· I LIMITS i EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea Occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY ___ GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT (Ea Accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) ! PROPERTY DAMAGE ! !Per Acc,ctentl $7,000,000 $1,000,000 N/A $7,000,000 NA* $7,000,000 $7,000,000 UNINSURED MOTORIST 1 $1,000,000 EACH OCCURRENCE AGGREGATE I WC STATU-I j TORY LIMITS EL EACH ACCIDENT EL DISEASE· EA EMPLOYEE i E L DISEASE . POLICY LIMIT I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (A-Acord 101, Add-..i Romorb -•loo, I mo,.•-la 19qull9d) •poucy FORM DOES NOT CONTAIN A GENERAL LIABILITY AGGREGATE AS RESPECTS AGREEMENT FOR CLIMATE ACTION PLAN OUTREACH. CITY OF CARLSBAD SHALL BE NAMED AS ADDITIONAL INSURED THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE OR SELF-INSURANCE MAINTAINED BY SUCH ADDITIONAL INSUREDS IS EXCESS AND NONCONTRIBUTING WITH THIS POLICY. ADDITIONAL INSURED ENDORSEMENT ATTACHED SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1200 CARLSBAD VILLAGE DRIVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE~T~T~ ~ .. --~ ,.,... A ---< # ACORD 25 (,2009/0~) ,. The AC~~D name and logo are regtslered marks of ACORD ©2008 ACORD CORPORATION All rights reserved ./ ./ / AGENCY CUSTOMER ID: LOCI: ADDITIONAL REMARKS SCHEDULE Page 2 AGENCY NAMED INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER ALLIANT INSURANCE SERVICES, INC. CENTER FOR SUSTAINABLE ENERGY 1------------------------------POLICY NUMBER PAC 1000082 05 9325 SKY PARK COURT, SUITE 100 SAN DIEGO, CA 92123-1502 CARRIER i NAJCCODE ASSOCIATED INDUSTRIES INSURANCE CO ! 23140 EFFECTIVE DATE: 09/29/16 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 (2009/09) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the Participation Endorsement The Company may cancel the coverage by mailing to the first Participating Named Insured at the address shown in the participation endorsement written notice stating when, not less than sixty (60) days thereafter, such cancellation shall be effective. Provided that the Participating Named Insured fails to discharge, when due, any of its obligations in connection with the payment of premium for the policy or any installment thereof, the coverage may be canceled by the Company by mailing to the Participating Named Insured at the address shown in the participation endorsement, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be effective. of 3 ACORD 101 (2008/01) ©2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured -Designated Person or Organization This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORA TIO NS Name of Person or Organization: Any person or entity that the "Named Insured" has entered into a written agreement, prior to a loss, to provide defense, indemnity or additional insured protection. The following is added to Section V. PERSONS OR ENTITIES INSURED: Any pcrson(s) or organization(s) listed in the Schedule above is an Additional Insured, but only as respects "'Personal Injury" (including "'Bodily Injury") and "Prope11y Damage" arising. in whole or in part, out of the operations of the Named Insured. The inclusion of such Additional Insured shall not serve to increase the "Company's" Limit of Liability as specified in the participation endorsement of this Policy: However, additional insured coverage provided by this tnsurance will not be broader than coverage required in the written agreement. GL330138 0916 Includes copyrighted material of ISO Properties, Inc., 2004 with Page 1 of I its permission Client#· 438725 CENTEFOR90 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 9/12/2017 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 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 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~i~cT Lisa Houston Marsh & Mclennan Agency llC F..tJS,N:o, Ext): 858-550-4966 ----nffc, No): -- Marsh & Mclennan Ins Agney llC !iftJ~ss: Lisa.Houston@MarshMMA.com ---- PO Box 85638; CA Lie #0H18131 INSURER(S) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A: Zurich American Insurance Com pa 27855 INSURED INSURER B: Center for Sustainable Energy INSURER C: 9325 Sky Park Court INSURER D: Suite 100 San Diego, CA 92123 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,&~hlg~l ,&~hl8!MY1 LIMITS LTR INSR WVD POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f---~ CLAIMS-MADE D OCCUR ~~~~[f;H?E~~~6u~Pence1 $ MED EXP (Any one person) $ f------- PERSONAL & ADV INJURY $ f--- GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl nPRO-nLOC POLICY __ JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f---(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ f---ALL OWNED ~ SCHEDULED , AUTOS AUTOS ! BODILY INJURY (Per accident) $ f---~ NON-OWNED ! PROPERTY DAMAGE --- ------- HIRED AUTOS AUTOS (P~uic<01cl_e11tL __ $ f---~ -------- $ -·--··------------ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ --- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ --------- $ A WORKERS COMPENSATION WC571029900 07/14/2017 07/14/2018 X IPER I IOTH- AND EMPLOYERS' LIABILITY STATI ITF IFR Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ~;.",,j~ fl t'/vL-<'1 n,..,____ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2969927/M2628121 WSlXH WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Kristina Ray, communications department (Name and Department) Sept. 6, 2017 Date Proposed modification(s) to the PL requirement(s) for Center for Sustainable Energy (Type of insurance) (Name of contract) D Reduce coverage to the amount of ~ Waive coverage D Other: ------------------------------------- FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) 0Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain} _______ _ 0Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number re5ponded [lapplicable} ___________ _ ~Contract Amount/Term of Contract: $95,000. Work will be completed over a period of 0Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. ~Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): The scope of work is primarily advisory in nature (developing recommendations, creating recommended language for materials, etc.). City staff has expertise to adequately evaluate contractor's recommendations, and staff can control the results of the project. Contractor will not distribute information or otherwise communicate about this project. Contractor will instead present ideas and drafts for the city to evaluate, fact check, finalize and distribute. Contractor will not have access to city channels of communication. In addition, the city attorney has prepared a contract template for communication contractors with language addressing the creation and use of intellectual property. A roved b Risk Mana rer for this contract onl (Signature) 11 :I WORD\lnsurancel/\dmin Order #68 waiver modify insurance requirements.doc