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HomeMy WebLinkAboutCivilian Inc; 2020-07-23; PSA20-1146ENV PSA20-1146ENV City Attorney Approved Version 6/12/18 1 AGREEMENT FOR RECYCLE RIGHT CONSULTING SERVICES CIVILIAN, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2020, by and between the City of Carlsbad, a municipal corporation, ("City"), and Civilian, Inc., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a Recycle Right consultant that is experienced in creative development of Recycle Right campaign materials. B. Contractor has the necessary experience in providing professional services and advice related to development of a Recycle Right campaign. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-four thousand four hundred and ten dollars ($34,410). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A July 23rd PSA20-1146ENV City Attorney Approved Version 6/12/18 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A PSA20-1146ENV City Attorney Approved Version 6/12/18 3 in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 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. DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A PSA20-1146ENV City Attorney Approved Version 6/12/18 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Avecita Jones Name Chris McCracken Title Senior Program Manager Title Account Supervisor Department Environmental Management Address 2468 Historic Decatur Road, Suite 250 City of Carlsbad San Diego, CA 92106 Address 1635 Faraday Avenue Phone No. 619-717-8101 Carlsbad, CA 92008 Email chris@civilian.com Phone No. 760-602-7542 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A PSA20-1146ENV City Attorney Approved Version 6/12/18 5 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable X DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A PSA20-1146ENV City Attorney Approved Version 6/12/18 6 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A PSA20-1146ENV City Attorney Approved Version 6/12/18 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California CIVILIAN, INC., a California Corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Stacey Nelson Smith / President, CFO (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad – Environmental Management: Consulting Services Stacey Nelson SmithFounder & CEOstacey@civilian.com(619) 787-0889 SAN DIEGO2468 Historic Decatur Rd.Suite 250 San Diego, CA 92106 LOS ANGELES3900 West Alameda Ave.,Suite 1200Burbank, CA 91505 SACRAMENTO801 16th StreetSacramento, CA 95814 PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services i Table of Contents 1. Who We Are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 2. Background & Situation Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Creative Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Work Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7. Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. Case Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 1 Who We Are Civilian is a full-service marketing agency and Certified B Corporation dedicated to creating social change for the common good. The agency has been owned and led by Founder and CEO Stacey Nelson Smith since its inception in 1999. We have worked with a wide variety of government agencies, not-for-profits, and purpose-driven businesses to promote health and wellness, environmental sustainability, disaster preparedness, and economic development. This proposal puts in place a full-service team of branding, marketing, and digital experts, all of whom have significant experience with large-scale campaigns. Leading the charge for this initiative will be our core County of San Diego recycling team, including creative strategists, designers, project managers, media experts, and social media mavens. This group will function as an extension of your in-house team—a “strategic think tank” at the ready to accomplish your goals. In brief, these are the factors that set us apart: We Bring Unrivaled Breadth and Depth as Change-Makers We are change agents who study how best to motivate action. We approach a challenge by digging into the research and untangling the complex issues. We develop memorable and compelling creative. We customize campaign materials to speak to hard-to-reach audiences, including multicultural, rural, and urban markets. We plan and place media to achieve the greatest return on investment for you, and we conduct baseline and ongoing research to evaluate the impact the campaign is having over the long term. We Have a Talented, Diverse Team This proposal puts in place a full-service team of marketing and communications experts with extensive public-sector experience. Our staff members are cross-trained in multiple disciplines, which enables a depth of understanding across departments and the ability to step in and provide additional support or expertise whenever needed. We Believe in This Work and It Shows Our singular focus is to strengthen communities, which can’t be done with a blanket approach. Over half our client portfolio is based in Southern California. We have proven experience assessing the unique needs in each individual community to maximize the campaign’s impact. We do our homework and then we listen closely in order to find solutions. Recycling and waste reduction have been specific passions of the Civilian team. Several of our staffers volunteer with environmental non-profit organizations, and our core County of San Diego team led an all-agency workshop educating the team about the do’s and don’ts of Recycle Right. As demonstrated in this section, we have the expertise, the strategy, the creativity, the proximity—plus a whole lot of enthusiasm—to make outstanding contributions to this Recycle Right Campaign for the City of Carlsbad’s Environmental Management Department. We welcome the opportunity to partner with you on this project. PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 2 Background & Situation Analysis As of 2017, the US Environmental Protection Agency reported that approximately 35.2% of the nation’s municipal solid waste is currently recycled or composted. For communities striving to reach sustainability, this figure is undeniably low. The root of the low number lies not only in the volume of waste people recycle, but how they recycle that waste so that it’s acceptable for processing. The positive impact of recycling can be negatively affected when residents “wishcycle” or throw materials in the recycling bin that don’t belong. Placing wet, dirty/soiled or bagged materials in the recycling bin also has a negative impact and can ruin other clean recyclables. As a result, facilities are negatively impacted (sometimes even causing the facility to shutdown and deal with the issue, ie. tangled bags) when residents place unacceptable materials in their recycling bin. This wishcycling issue rose to the top in 2018, as the country’s largest ‘customer’ for recycled waste -- China -- shifted its recycling acceptance policy. Now that China no longer accepts recycled materials with more than 0.5% contamination, a heavy burden is placed on US cities tasked with collecting and removing recyclable waste. Enter, the City of Carlsbad. The city is intensely focused on environmental protection as a means to provide high quality of life for its constituents, with 3 of its 9 core values dedicated to environmental protection for community enjoyment:•Open space and the natural environment•Access to recreation and active, healthy lifestyles •Sustainability Efficient and effective waste management is critical to maintaining the natural environment. Carlsbad has recently put measures in place such as the 2019 Sustainable Materials Management Plan, and is seeking support to educate the public about Recycle Right best practices. Given Civilian’s efforts with the County of San Diego to promote this message, there is an opportunity to adapt County messages to drive Carlsbad’s recycling goals. An increase in residents practicing Recycle Right would not only ease the burden of the city’s public works department and partners at Waste Management - it would also reinforce Carlsbad’s brand perception as a community dedicated to enhancing the lives of all who work, play, and live in the city. PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 3 Strategy As with any social change campaign, success starts with a clear articulation of the challenge we face. We know recycling is not the sole solution to diverting waste from landfills, but recycling behaviors must be followed correctly to be an effective tactic. Unfortunately, most consumers never learned how to recycle properly from the beginning. The Challenge:  Old habits die hard - convince residents that something they do every single day may be wrong Long term, we want to see a reduction in contamination at the recycling centers including less bagged recyclables, less plastic bags and plastic film, and a reduction in wet, solid/dirty and unacceptable items. This should, in turn, show an increase in materials diverted from the landfill. The Strategy: Residents and businesses find recycling confusing or difficult. Let’s go back to basics and teach them to recycle right with concise and memorable steps. Whenever possible, consistently reinforce these steps when they’re in a recycling situation so they can easily remember the proper way to dispose of their waste. PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 4 Creative Approach Civilian is currently partnering with the County of San Diego to roll out fresh, impactful messaging to reinforce the key tenets of Recycle Right. This creative delivers on the strategy above - a ‘back to basics’ approach that builds recall through unique visuals and simple headlines. Samples of the current creative in development can be found below. As we consider how this messaging evolves from San Diego County to Carlsbad, it’s important to balance consistency across the broader campaign (for synergy on awareness) with optimization for the City effort (ensuring we run messages appropriate for your demographics). Please note that the creative samples above are a first draft of the campaign development process. It is still a work in progress, aiming toward finalizing them into one single campaign concept. As the samples attached to this document have not received final approval by the client, they are attached for your reference only, intended to be strictly informational and are not to be distributed or shared at this time. PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 5 Work Plan We envision this effort to fall within 3 project phases: 1) Discovery/Audit, 2) Creative Development/Approval, and 3) Execution/Handoff. Discovery/Audit - 2-3 weeks Immediately upon contract award, we will schedule and facilitate a kickoff meeting with the Contract Manager and the project team to get fully aligned on project expectations from the visionary to the practical and to answer any questions that exist or elaborate further on our proposal. We see the kickoff meeting as one of the most important and exciting steps in our work together, and find that investing time on the front end allows us to do our best work and saves time on the back end. We recommend allowing time for a substantive discussion, which, in our experience, is best accomplished in a two to three-hour meeting; additionally, we find in-person kickoffs to be more insightful and productive but will accommodate the schedules and logistical needs of the Carlsbad team. Prior to the meeting, Civilian will provide a detailed agenda with specified roles, discussion points, and desired contributions. The kickoff meeting will be successful when we have: 1. Addressed and aligned on the big picture by refining a joint vision for what can be achieved and what defines success. Using the scope of work and proposal as a starting point, we want to hear from the city regarding anything additional we need to take into consideration or be aware of. We will identify key strategies and stakeholders; review existing data that you have and identify any known gaps that we may be able to fill; discuss past successes and failures; clarify roles and responsibilities; and flag important questions and/or time-sensitive items. 2 . Confirmed executional details regarding project end deliverables. This includes all mandatory file formats, size/aspect ratio specifications, etc. for both paid media as well as general use deliverables (such as signage or eNewsletter templates). Campaign calls-to-action and destination landing page(s) will also be discussed. 3 . Agreed upon communication preferences and administrative needs, including: weekly check-ins and type of communication; the processes to review and approve deliverables; and the protocols for invoicing and reporting. Through this conversation we will propose, collaborate, and align on the most efficient ways of working together so that the bulk of the budget can be spent where it’s needed most, developing the creative. Following the kickoff meeting, Civilian will extensively review all materials provided as well as relevant landscape examples as points of inspiration. We will dig into CalRecycle’s current work and find points of alignment with the Recycle Right message. Additionally, while this scope of work primarily focuses on creative execution - as your marketing partner, we recommend a high-level audit of the Environmental Management Department’s current media plans. Leveraging our media strategists that have extensive background in the environmental space as well as the city of Carlsbad, Discovery may yield channels and technologies at your disposal which aren’t currently being utilized or even considered. PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 6 Creative Development/Approval - 3 weeks With the Discovery phase complete, we move into Creative Development. This collaborative process encompasses a thoughtful evolution of the current County of San Diego campaign to best fit the City of Carlsbad. We understand Carlsbad residents differ from the typical county-wide demographic — such as higher income and home ownership rate — which may impact how we articulate the core message to this audience. We will apply updates based on messaging priorities, visuals indicative of the community, appropriate calls to action, and of course branding elements to ensure this campaign is uniquely Carlsbad while also aligning with the County effort. New ideas and executions will be shared to fill gaps or opportunities that we’ve identified which may not be in the current media/outreach plan, based on the campaign direction and findings from our media audit. Creative concepts will be shared in the context of known deliverables that may include posters, print ads, and social media posts. These ‘proof of concept’ examples illustrate how the message will look and feel across the campaign. Once the campaign is approved by stakeholders at the city, we will execute the remaining deliverables itemized in the following phase. Execution/Handoff - 4 weeks The bulk of Civilian’s effort in this initiative will be spent in the Execution phase, as we build and deliver the ready-for-production assets the City needs to amplify its Recycle Right message. The City will be responsible for production/printing and placement of the materials. As provided in the consultant request document, campaign deliverables* will include: • Print - 1 concept built to 2 print sizes (2 total files) • Paid Social - 12 static posts built to Facebook/Instagram/Twitter (36 total files) • Posters/Signage/General Use Templates - 1 concept built to 2 sizes (2 total files)• General Use Templates - 1 ‘frame’ template built to 2 sizes with key messaging/branding. Template will be delivered in InDesign with vector-based assets within (2 total files). • Other Suggested Materials - any additional ideas which surface during the Creative Development phase which Civilian can execute as a value-add while remaining on budget (TBD total files)• Spanish translations - 3 above deliverables can be translated into Spanish and designed upon request. *To maximize your budget, each deliverable will be provided with up to 2 rounds of revisions within scope/budget. Additional rounds will require a change order to be estimated based on the level of effort they require. Civilian will provide the Environmental Management Department with all project deliverables in Zip format, or other specified and agreed upon file formats such as InDesign or vector-based, at the end of the project per spec requirements and any deadlines to consider. Our Creative team will be meticulous in building and organizing all the working files to best industry practices for ease of use in future cases. PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 7 Below is a sample project schedule, assuming kickoff on Monday, July 6th: 7/6 7/13 7/20 7/27 8/3 8/10 8/17 8/24 8/31 9/7 Discovery/Audit Creative Development/Approval Execution/Handoff Investment The estimated cost for this initiative is $34,410 based on Civilian’s blended billing rate of $155/hour. Any requested deliverables discussed during Discovery or suggested during Creative Development will be subject to a change order or new scope of work. Civilian will notify the Environmental Management Department of any potential overages or needs for a change order, in writing, before they occur. The cost breakdown for this project is summarized below: Discovery/Audit (32 hours @ $155/hr)$4,960 Creative Development/Approval (50 hours @ $155/hr)$7,750 Execution/Handoff (140 hours @ $155/hr)$21,700 TOTAL $34,410 PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 8 Case Studies County of San Diego, Department of Public Works, Solid Waste Planning & Recycling Section The Challenge The County of San Diego Board of Supervisors approved a goal of diverting 75% of landfill waste in unincorporated areas of the County by 2025. Civilian was retained by San Diego County in 2018 to develop a public education and outreach plan to inform and educate residents about proper recycling and waste reduction. During this time, China, who handled nearly half of the world’s recyclable waste, stopped accepting a majority of recyclables due to concerns of contamination. Without China accepting recyclables, more items would be sent to the landfills, and proper recycling and waste reduction became even more important. Our Approach To support that goal, Civilian kicked off our process-driven creative approach. First, we researched what effective behavior change strategies and messaging could be implemented to achieve our objectives. Then, we seeked inspiration from other waste management and recycling campaigns from across the nation. Finally, we collaborated regularly with our clients to inform the final campaign approach that resonated best among our target audience. Through that process, Civilian delivered an advertising campaign that was educational, unique, and eye-catching, encouraging residents to “Rethink Waste”. The campaign was purposefully adaptable to include a wide variety waste reduction topics (e.g., textiles, cardboard, food waste). Civilian concurrently utilized audience research and segmentation tools to guide paid media tactic selection and mix (e.g., digital display, native advertising, social media, and paid search). A media strategy was formulated based on the target audience’s most prevalent media consumption habits, along with trends of seasonality and peak waste periods (e.g. food waste during Thanksgiving and material gift giving in December). After the San Diego County approved the creative campaign and paid media plan, Civilian produced and executed all assets necessary following industry standards and best practices. While maximizing efficiency with a limited budget, Civilian has successfully executed this campaign for the last two years and is currently ongoing The Results The goal was to not only reaffirm the unincorporated area residents’ knowledge about the importance of recycling and waste management, but attempt to influence changes in those daily behaviors. To date, this campaign has generated 12,663,766 impressions and 92,754 clicks to the landing page PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 9 CARDBOARD RECYCLING – DIGITAL DISPLAY SAMPLE ANIMATION 160x600 “Looking for a second chance.” appears “Reuse, then recycle your boxes to help reduce waste.” appears Grey heart turns to a pink heart CTA disappears (blink off)CTA appearsCTA appears (blink on)digital banner animation PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 10 PaintCare  The Challenge PaintCare offers homeowners and businesses a convenient and environmentally friendly way to properly dispose of unwanted paint and other toxic materials, however, few were previously aware of this option. PaintCare retained Civilian to drive awareness of their paint recycling program, educate consumers on properly purchasing and disposing of unwanted, leftover paint, and increase paint recycling in eight states . Our Approach Civilian recommended that PaintCare position paint recycling, not as an environmental obligation, but as a new, trending social norm. In addition to speaking to the general public, Civilian used audience research and segmentation tools to precisely target individuals and businesses who have recently purchased paint or will be purchasing it in the future. This includes adults who are in the market for paint or who may have old paint in their homes, businesses that deal with large volumes of paint (e.g., painting contractors, construction workers, landlords, custodians), DIY types, movers, and real estate professionals. In addition, the campaigns in California and Colorado specifically target Hispanics with in-language creative due to the large Hispanic populations in those two states. Media included television, radio, and out-of-home billboards targeting the general public while digital media (i.e., display, native, social media, and streaming audio) specifically targeted those who purchased paint recently, visited a paint or hardware store, or showed an interest in home improvement. Multicultural outreach included Spanish-language television, radio, and digital to specific neighborhoods with a high Hispanic composition. The Results The PaintCare media campaigns consistently generate 300 million impressions year over year. The media campaigns, combined with PaintCare’s on-the-ground efforts, have had exceptional impact: In the five years since the campaigns were launched, there has been a 93% increase in the amount of leftover paint recycled in California and a 191% increase in Colorado. Testimonial “Civilian’s enthusiasm for understanding what is working and why is infectious and helps generate consensus and teamwork among the vital partners and stakeholders that a major program can’t succeed without.” — Brett Rodgers, Director of Communications PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 11 When you bring in leftover paint to a PaintCare drop-off site, the remaining paint can be blended with other leftover paint to create new paint. That’s enough to paint nearly one million parking spots. ...That’s enough to fill121 Olympic swimming pools. Americans accumulate up to80 million gallons of leftover house paint each year... But there’s a better way... ...that also helps the environment, saves taxpayer money, and creates green jobs! Paint manufacturers formed the non-profit organization, PaintCare, to provide convenient, easy-to-use recycling services throughout Oregon with 177 sites where households and businesses bring in paint for recycling. For less than the cost of a bottle of water, you can help make the world greener, create new jobs, and make our communities more beautiful. PaintCare makes paint recycling easy! 98% of Oregon residents live within 15 miles of a drop-off site open all year round. In 2017 alone, PaintCare processed more than 810K gallons of paint in Oregon. 810,000 Processing of unused post consumer paint Collection and transportation Public education about proper paint management Administrative costs 60% 20% 1-15% 5% PaintCare is funded through a small fee on each container of paint sold in states with paint recycling programs – for example, $.95 for a gallon in Oregon. And that small fee does A LOT. $.95$.95 Sadly, some of that paint ends up in landfills. 177 locationsthroughoutOregon 98% PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 12 County of San Diego Department of Public Works, Used Oil and Oil Filter Recycling The Challenge In 2008, most do-it-yourself oil changers in San Diego County knew to recycle their used motor oil, however, less than half also recycled their used motor filters. The County of San Diego’s Department of Public Works retained Civilian to increase recycling of both used motor oil and used oil filters, particularly in unincorporated areas of the county. Our Approach Civilian developed and implemented a bilingual multimedia campaign to motivate people who change their own oil to recycle their used oil filters along with their used motor oil. We conducted primary audience research to gain insight on the target audiences, to establish a baseline for awareness, and to inform the campaign’s approach and creative direction. We used these findings combined with secondary research to define the following key target audiences in unincorporated San Diego: 18-29-year-old U.S.-born English-speaking males working in construction, agriculture, and the military; 18-29-year-old Spanish-speaking immigrants working in construction, agriculture, and the military; and U.S.-born males 45+ with multiple vehicles. The creative strategy was to praise the audience for doing the right thing by recycling their used motor oil and encourage them to also recycle their used oil filters. Ad concepts were customized for each of the target age groups and translated for the Hispanic target audience. The campaign included print ads, direct mail, circular placements, website landing pages and content, geographically targeted banner ads, Hispanic and general market radio spots, event planning, and outdoor signage at local community businesses. Small-scale advertising vehicles, such as posters placed outside neighborhood markets (often in Spanish), allowed us to effectively reach specific populations in large rural areas without costly waste on mass media. We capitalized on free exposure from chambers of commerce and local community centers and helped facilitate a corporate partnership program with Kragen Auto Parts to host oil filter exchange events. PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A City of Carlsbad - Consulting Services 13 The Results The campaign generated a 20% increase in oil and oil filter recycling rates in the areas Civilian targeted. In post-campaign surveys, 91% of respondents said that the creative was clear, concise, and motivated them to correctly dispose of used oil filters. Respondents also said that the campaign was memorable and that it had an impact on the number of used oil filters they will recycle over time. Testimonial “Civilian was exactly what we look for in a partner—easy to work with, high-quality deliverables, and a valuable point of view. They did exceptional work on short notice and with a small budget. They know how to have an impact and how to stretch a dollar to do it.” —Jen Winfrey, Recycling Specialist, County of San Diego Department of Public Works PSA20-1146ENV - Exhibit "A"DocuSign Envelope ID: 1F374E34-9B91-4767-9BEE-9118D8390C2A WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 June 17, 2020 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Service P.O. Box 947 Murrieta CA 92564 Account Information: Policy Holder Details :CIVILIAN, INC. Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/17/2020 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 SUBROGATIONIS 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 AHERN INSURANCE BROKERAGE LLC/PHS 72165838 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): (888) 443-6112 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED CIVILIAN, INC. 2468 HISTORIC DECATUR RD STE 250 BLDG 905 SAN DIEGO CA 92106-6148 INSURER A :Sentinel Insurance Company Ltd.11000 INSURER B : INSURER C : INSURER D : 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS A COMMERCIAL GENERAL LIABILITY X 72 SBA IA2966 04/15/2020 04/15/2021 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000,000 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A EMPLOYEE BENEFITS LIABILITY 72 SBA IA2966 04/15/2020 04/15/2021 Each Claim Limit Aggregate Limit $2,000,000 $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. Notice of Cancellation will be provided in accordance with Form SS1223, attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Service P.O. Box 947 Murrieta CA 92564 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. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford QUICK REF ERENCE BUSINESS LIA BILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A.COVERAGES 1 1Business Liability 2Medical Expenses 2CoverageExtension -Supplementary Payments B.EXCLUSIONS 3 C.WHO IS AN INSURED 10 D.LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.15Bankruptcy 2.15DutiesInTheEventOf Occurrence,Offense,Claim Or Suit 3.16FinancialResponsibilityLaws 4.16Legal Action Against Us 5.16SeparationOf Insureds 6.16Representations 7.16OtherInsurance 8.17TransferOf Rights Of Recovery Against Others To Us F.OPTIONAL ADDITIONAL INSURED COVERAGES 18 18AdditionalInsureds G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM 2.Applicable To Medical Expenses Coverage e.A trust,you are an insured.Your trustees are also insureds,but only with respect to We will not pay expenses for "bodily injury":their duties as trustees.a.Any Insured 2.Each of the following is also an insured:To any insured,except "volunteer workers". a.Employees And Volunteer Workersb.Hired Person Your "volunteer workers"only whileTo a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured.your business,or your "employees",other c.Injury On Normally Occupied Premises than either your "executive officers"(if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies.company)or your managers (if you are a limited liability company),but only for acts d.Workers'Compensation And Similar within the scope of their employment by Laws you or while performing duties related to To a person,whether or not an the conduct of your business."employee"of any insured,if benefits for However,none of these "employees"or the "bodily injury"are payable or must be "volunteer workers" are insureds for:provided under a workers'compensation or disability benefits law or a similar law.(1)"Bodily injury"or "personal and advertising injury":e.Athletics Activities (a)To you,to your partners or To a person injured while practicing, members (if you are a partnership instructing or participating in any physical or joint venture),to your members exercises or games,sports or athletic (if you are a limited liability contests. company),or to a co-"employee"f.Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard".related to the conduct of your business,or to your other g.Business Liability Exclusions "volunteer workers"while Excluded under Business Liability Coverage.performing duties related to the C.WHO IS AN INSURED conduct of your business; 1.If you are designated in the Declarations as:(b)To the spouse,child,parent, brother or sister of that co-a.An individual,you and your spouse are "employee"or that "volunteer insureds,but only with respect to the worker"as a consequence of conduct of a business of which you are the (1)(a)Paragraph above;sole owner. (c)For which there is any obligation b.A partnership or joint venture,you are an to share damages with or repay insured.Your members,your partners,and someone else who must pay their spouses are also insureds,but only with damages because of the injury respect to the conduct of your business. (1)(a)described in Paragraphs orc.A limited liability company,you are an (b) above; orinsured.Your members are also insureds, (d)Arising out of his or her providing but only with respect to the conduct of your or failing to provide professional business.Your managers are insureds,but health care services.only with respect to their duties as your managers.If you are not in the business of providing professional health cared.An organization other than a partnership, (d)services,Paragraph does not applyjointventureorlimitedliabilitycompany,you to any nurse,emergency medicalareaninsured.Your "executive officers"and technician or paramedic employed bydirectorsareinsureds,but only with respect you to provide such services.to their duties as your officers or directors. Your stockholders are also insureds,but only (2)"Property damage" to property: with respect to their liability as stockholders.(a)Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b)b.Rented to,in the care,custody or Coverage under this provision does not control of,or over which physical apply to: control is being exercised for any (1)"Bodily injury"or "property damage" purpose by you,any of your that occurred;or"employees","volunteer workers", (2)"Personal and advertising injury" any partner or member (if you are arising out of an offense committedapartnershiporjointventure),or before you acquired or formed the any member (if you are a limited organization.liability company). 4.Operator Of Mobile Equipmentb.Real Estate Manager With respect to "mobile equipment"registered inAny person (other than your "employee"or your name under any motor vehicle registration"volunteer worker"),or any organization law,any person is an insured while driving suchwhileacting as your real estate manager. equipment along a public highway with yourc.Temporary Custodians Of Your permission.Any other person or organizationPropertyresponsiblefortheconductofsuchpersonisAnypersonororganizationhavingproper also an insured,but only with respect to liabilitytemporarycustodyofyourpropertyifyou arising out of the operation of the equipment,anddie,but only:only if no other insurance of any kind is available (1)With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured with respect to:(2)Until your legal representative has been appointed.a."Bodily injury"to a co-"employee"of the person driving the equipment;ord.Legal Representative If You Die b."Property damage"to property owned by, Your legal representative if you die,but rented to,in the charge of or occupied byonlywithrespecttodutiesassuch.That you or the employer of any person who is representative will have all your rights and an insured under this provision.duties under this insurance. 5.Operator of Nonowned Watercrafte.Unnamed Subsidiary With respect to watercraft you do not own that Any subsidiary and subsidiary thereof,of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of insured while operating such watercraft with more than 50%of the voting stock on the your permission.Any other person or effective date of this Coverage Part.organization responsible for the conduct of The insurance afforded herein for any such person is also an insured,but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft,and only if no otherinjuryordamagewithrespecttowhichan insurance of any kind is available to that insured under this insurance is also an person or organization for this liability.insured under another policy or would be However,no person or organization is an an insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance.a."Bodily injury"to a co-"employee"of the person operating the watercraft;or3.Newly Acquired Or Formed Organization b."Property damage"to property owned by,Any organization you newly acquire or form, rented to,in the charge of or occupied by other than a partnership,joint venture or you or the employer of any person who is limited liability company,and over which you an insured under this provision.maintain financial interest of more than 50%of the voting stock,will qualify as a Named 6.Additional Insureds When Required By Insured if there is no other similar insurance Written Contract,Written Agreement Or available to that organization. However:Permit a.Coverage under this provision is afforded The person(s)or organization(s)identified in only until the 180th day after you acquire a.f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed,in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM (e)contract,written agreement or because of a Any failure to make such permit issued by a state or political inspections,adjustments,tests or subdivision,that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy,provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business,in connection agreement, or the issuance of the permit.with the distribution or sale of the products;A person or organization is an additional (f)Demonstration,installation, insured under this provision only for that servicing or repair operations, period of time required by the contract,except such operations performed agreement or permit.at the vendor's premises in However,no such person or organization is an connection with the sale of the additional insured under this provision if such product;person or organization is included as an (g)Products which,after distribution additional insured by an endorsement issued or sale by you,have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container,part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; orF.–Optional Additional Insured Coverages. (h)"Bodily injury"or "property a.Vendors damage"arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor),but only with respect to own acts or omissions or those of"bodily injury"or "property damage"arising its employees or anyone else out of "your products"which are distributed acting on its behalf. However, thisorsoldintheregularcourseofthevendor's exclusion does not apply to:business and only if this Coverage Part (i)The exceptions contained in provides coverage for "bodily injury"or (d)(f)Subparagraphs or ;or"property damage"included within the (ii)"products-completed operations hazard".Such inspections,adjustments, tests or servicing as the vendor(1)The insurance afforded to the vendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions:course of business,inThisinsurancedoes not apply to:connection with the distribution (a)"Bodily injury"or "property or sale of the products. damage"for which the vendor is (2)This insurance does not apply to anyobligatedtopaydamagesby insured person or organization fromreasonoftheassumptionof whom you have acquired such products,liability in a contract or agreement. or any ingredient,part or container,This exclusion does not apply to entering into,accompanying orliabilityfordamagesthatthe containing such products.vendor would have in the absence b.Lessors Of Equipmentof the contract or agreement; (1)Any person or organization from (b)Any express warranty whom you lease equipment;but only unauthorized by you;with respect to their liability for "bodily (c)Any physical or chemical change injury","property damage"orintheproductmadeintentionally "personal and advertising injury"by the vendor;caused,in whole or in part,by your (d)Repackaging,except when maintenance,operation or use of unpacked solely for the purpose of equipment leased to you by such inspection,demonstration,testing,person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2)e.Permits Issued By State Or Political With respect to the insurance afforded Subdivisionstotheseadditionalinsureds,this insurance does not apply to any (1)Any state or political subdivision,but "occurrence"which takes place after only with respect to operationsyoucease to lease that equipment.performed by you or on your behalf for c.Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1)Any person or organization from (2)whom you lease land or premises,but With respect to the insurance afforded only with respect to liability arising out to these additional insureds,this of the ownership,maintenance or use insurance does not apply to: of that part of the land or premises (a)"Bodily injury","property damage" leased to you.or "personal and advertising (2)With respect to the insurance afforded injury"arising out of operations to these additional insureds,this performed for the state or insurance does not apply to:municipality; or (a)(b)Any "occurrence"which takes "Bodily injury"or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f.Any Other Party (b)Structural alterations,new (1)Any other person or organization who construction or demolition a.is not an insured under Paragraphsoperationsperformedbyoron ethrough.above,but only withbehalfofsuchpersonor respect to liability for "bodily injury", organization."property damage"or "personal and d.Architects, Engineers Or Surveyors advertising injury"caused,in whole or in part,by your acts or omissions or(1)Any architect,engineer,or surveyor,but the acts or omissions of those acting only with respect to liability for "bodily on your behalf:injury","property damage"or "personal (a)and advertising injury"caused,in whole In the performance of your or in part,by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b)In connection with your premises your behalf:owned by or rented to you;or (a)In connection with your premises; (c)In connection with "your work" and or included within the "products- (b)In the performance of your completed operations hazard",but ongoing operations performed by only if you or on your behalf.(i)The written contract or written (2)With respect to the insurance afforded agreement requires you to to these additional insureds,the provide such coverage to following additional exclusion applies:such additional insured;and (ii)This insurance does not apply to This Coverage Part provides "bodily injury","property damage"or coverage for "bodily injury"or "personal and advertising injury" "property damage"included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including:(2)With respect to the insurance afforded (a)The preparing,approving,or to these additional insureds,this failure to prepare or approve, insurance does not apply to: maps,shop drawings,opinions, "Bodily injury","property damage"or reports,surveys,field orders, "personal and advertising injury" change orders,designs or arising out of the rendering of,or the drawings and specifications; or failure to render,any professional (b)Supervisory,inspection, architectural,engineering or surveying architectural or engineering services,including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a)The preparing,approving,or This General Aggregate limit does not failure to prepare or approve, apply to "property damage"to premises maps,shop drawings,opinions, while rented to you or temporarily reports,surveys,field orders, occupied by you with permission of the change orders,designs or owner,arising out of fire,lightning or drawings and specifications; or explosion. (b)3.Each Occurrence LimitSupervisory,inspection, architectural or engineering 2.a.2.bSubjecttoor above,whichever activities.applies,the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section –Limits "property damage"and medical expenses Of Insurance.arising out of any one "occurrence"is the Liability and Medical Expenses Limit shown in How this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury"sustained by any General Conditions.one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with 4.Personal And Advertising Injury Limitrespecttotheconductofanycurrentorpast partnership,joint venture or limited liability 2.b.Subject to above,the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations."personal and advertising injury"sustained by any one person or organization is the Personal D.LIABILITY AND MEDICAL EXPENSES and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.1.The Most We Will Pay 5.Damage To Premises Rented To You LimitTheLimitsofInsuranceshowninthe The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of:Liability Coverage for damages because of a.Insureds;"property damage"to any one premises,while b.Claims made or "suits" brought;or rented to you, or in the case of damage by fire, lightning or explosion,while rented to you or c.Persons or organizations making claims or temporarily occupied by you with permission of bringing "suits". the owner. 2.Aggregate Limits In the case of damage by fire,lightning or The most we will pay for:explosion, the Damage to Premises Rented To a.Damages because of "bodily injury"and You Limit applies to all damage proximately "property damage"included in the caused by the same event,whether such "products-completed operations hazard"is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6.How Limits Apply To Additional InsuredsDeclarations. The most we will pay on behalf of a person or b.Damages because of all other "bodily organization who is an additional insured injury","property damage"or "personal under this Coverage Part is the lesser of:and advertising injury",including medical a.The limits of insurance specified in a expenses,is the General Aggregate Limit written contract,written agreement or shown in the Declarations. permit issued by a state or political This General Aggregate Limit applies subdivision;orseparatelytoeachofyour"locations" b.The Limits of Insurance shown in the owned by or rented to you. Declarations."Location"means premises involving the Such amount shall be a part of and not in same or connecting lots,or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street,roadway or right-of-way of a railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands,notices,summonses or applies to any claim or "suit",the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2)Authorize us to obtain records and applicable to such claim or "suit".However,this other information;paragraph does not apply to the Medical Expenses (3)Cooperate with us in the investigation, 3.limit set forth in Paragraph above.settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit";and separately to each consecutive annual period and to (4)Assist us,upon our request,in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations,unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months.In that case,the additional period will be may also apply.deemed part of the last preceding period for purposes d.Obligations At The Insured's Own CostofdeterminingtheLimitsofInsurance. No insured will,except at that insured's ownE.LIABILITY AND MEDICAL EXPENSES cost,voluntarily make a payment,assumeGENERAL CONDITIONS any obligation,or incur any expense,other than for first aid,without our consent.1.Bankruptcy e.Additional Insured's Other InsuranceBankruptcyorinsolvencyoftheinsuredorof the insured's estate will not relieve us of our If we cover a claim or "suit"under this obligations under this Coverage Part.Coverage Part that may also be covered by other insurance available to an 2.Duties In The Event Of Occurrence, additional insured,such additional insured Offense, Claim Or Suit must submit such claim or "suit"to the a.Notice Of Occurrence Or Offense other insurer for defense and indemnity.You or any additional insured must see to However,this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence"or an written contract,written agreement or offense which may result in a claim.To permit that this insurance is primary and the extent possible,notice should include:non-contributory with the additional (1)How,when and where the "occurrence"insured's own insurance. or offense took place;f.Knowledge Of An Occurrence,Offense,(2)The names and addresses of any Claim Or Suitinjuredpersons and witnesses;and a.b.Paragraphs and apply to you or to (3)The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence",offense,claim or "suit"is "occurrence"or offense.known to: b.Notice Of Claim (1)You or any additional insured that is an individual;If a claim is made or "suit"is brought against any insured,you or any additional (2)Any partner,if you or an additional insured must:insured is a partnership; (1)Immediately record the specifics of the (3)Any manager,if you or an additional claim or "suit"and the date received; insured is a limited liability company; and (4)Any "executive officer"or insurance (2)Notify us as soon as practicable.manager,if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5)Any trustee,if you or an additional claim or "suit" as soon as practicable.insured is a trust;or c.Assistance And Cooperation Of The (6)Any elected or appointed official, if you Insured or an additional insured is a political subdivision or public entity.You and any other involved insured must: Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM f.(3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured.upon your representations. 3.Financial Responsibility Laws b.Unintentional Failure To Disclose Hazardsa.When this policy is certified as proof of financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law,the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part,we shall not deny any liability and "property damage"liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7.Other Insuranceinsurance required by that law.If other valid and collectible insurance is b.With respect to "mobile equipment"to available for a loss we cover under this which this insurance applies,we will Coverage Part,our obligations are limited as provide any liability,uninsured motorists, follows:underinsured motorists,no-fault or other a.Primary Insurancecoveragerequiredbyanymotorvehicle b.law.We will provide the required limits for This insurance is primary except when those coverages.below applies.If other insurance is also primary,we will share with all that other 4.Legal Action Against Us c.insurance by the method described inNopersonororganizationhasarightunder below.this Coverage Form: b.Excess Insurancea.To join us as a party or otherwise bring us This insurance is excess over any of the into a "suit"asking for damages from an other insurance,whether primary,excess, insured;or contingent or on any other basis:b.To sue us on this Coverage Form unless (1)Your Workallofitstermshavebeenfullycomplied with.That is Fire,Extended Coverage, Builder's Risk,Installation Risk or A person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured;but we will not be liable for (2)Premises Rented To You damages that are not payable under the terms of That is fire,lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance.An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner;liability signed by us,the insured and the (3)Tenant Liabilityclaimantortheclaimant's legal representative. That is insurance purchased by you to 5.Separation Of Insureds cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage"to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured,this with permission of the owner;insurance applies: (4)Aircraft,Auto Or Watercrafta.As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured;and or use of aircraft, "autos" or watercraft tob.Separately to each insured against whom g.the extent not subject to Exclusion ofaclaimismadeor "suit"is brought.A.Section –Coverages. 6.Representations (5)Property Damage To Borrowed a.When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree:If the loss arises out of "property damage"to borrowed equipment or (1)The statements in the Declarations the use of elevators to the extent not are accurate and complete; k.A.subject to Exclusion of Section –(2)Those statements are based upon Coverages.representations you made to us; and Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6)When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance,we will pay only our share of Insurance the amount of the loss,if any,that exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations,for which you have been (2)The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7)When You Add Others As An We will share the remaining loss,if any, withAdditionalInsuredToThis any other insurance that is not described inInsurancethis Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured.Limits of Insurance shown in the Declarations of this Coverage Part.However,the following provisions c.Method Of Sharingapplytootherinsuranceavailableto any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part:this method also.Under this approach, (a)Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary.If other contribution by equal shares,we will insurance is also primary,we will contribute by limits.Under this method,each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below.applicable limits of insurance of all insurers. (b)Primary And Non-Contributory 8.Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a.Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract,written agreement or part of any payment,including permit that this insurance is Supplementary Payments,we have made primary and non-contributory with under this Coverage Part,those rights aretheadditionalinsured's own transferred to us.The insured must do insurance,this insurance is nothing after loss to impair them.At our primary and we will not seek request,the insured will bring "suit"or contribution from that other transfer those rights to us and help us insurance.enforce them.This condition does not (a)(b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b.Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)additional insured.If the insured has waived any rights of When this insurance is excess,we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments,we other insurer has a duty to defend the have made under this Coverage Part,we insured against that "suit".If no other also waive that right,provided the insured insurer defends,we will undertake to do waived their rights of recovery againstso,but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers.agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 June 18, 2020 City of Carlsbad/CMWD /o EXIGIS Insurance Compliance Service PO Box 947 MURRIETA CA 92564-0947 Account Information: Policy Holder Details :CIVILIAN, INC. Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 June 17, 2020 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Service P.O. Box 947 Murrieta CA 92564 Account Information: Policy Holder Details :CIVILIAN, INC. Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/18/2020 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 SUBROGATIONIS 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 AHERN INSURANCE BROKERAGE LLC/PHS 72165769 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): (888) 443-6112 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED CIVILIAN, INC. 2468 HISTORIC DECATUR RD STE 250 BLDG 905 SAN DIEGO CA 92106-6148 INSURER A :Property and Casualty Insurance Company of Hartford 34690 INSURER B : INSURER C : INSURER D : 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A X 72 WEC DQ1722 04/12/2020 04/12/2021 X PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others Endorsement WC040306, attached to this policy. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD /o EXIGIS Insurance Compliance Service PO Box 947 MURRIETA CA 92564-0947 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. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 1 of 6 © 2000, The Hartford WORKERS’ COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT PAGE SECTION I PARTS ONE and TWO 01 We Will Also Pay PART - THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers’ Liability Insurance EMPLOYERS’ LIABILITY STOP GAP ENDORSEMENT 06 Employers’ Liability Stop Gap Coverage A. Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers’ Liability Insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How This Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation H. Endemic Disease 05 Longshore and Harbor Workers’ Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered States 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 5 6 6 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 2 of 6 SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will Also Pay of Part One (WORKERS’ COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS’ LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS’ LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers’ compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 3 of 6 officer’s or employee’s employment. The officer’s or employee’s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers’ compensation law of any state shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers’ compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers’ compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers’ Liability Insurance Part Two (Employers’ Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS’ LIABILITY STOP GAP COVERAGE 6. Employers’ Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers’ Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers’ Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers’ compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S 23-4-2. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 4 of 6 EXTENDED OPTIONS 1. Employers’ Liability Insurance Item 3.B. of the Information Page is replaced by the following: B. Employers’ Liability Insurance: 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B. This provision 3. does not apply in the states of Pennsylvania and Utah. 4. Foreign Voluntary Compensation and Employers’ Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.1. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee’s last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers’ compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers’ Liability Insurance) would apply if the Country of Employment were shown in Item 3.A. of the Information Page. C. Exclusions This insurance does not cover: 1. any occurrences in the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers’ compensation or occupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 5 of 6 4. liability for any consequence, whether direct or indirect, of war, invasion, act of Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D. Before We Pay Before we reimburse you for the benefits to the persons entitled to them, you must have them: 1. release you and us, in writing, of all responsibility for the injury or death, 2. transfer to us their right to recover from others who may be responsible for their injury or death, 3. cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits paid fail to do these things, our duty to reimburse ends at once. If they claim damages from us for the injury or death, our duty to reimburse ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to it. If persons entitled to the benefits make a recovery from others, they must repay us for the amounts that we have reimbursed you. F. Reimbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay the loss or expense in money after trial, or 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States of America necessarily incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee if in good health, or 2. in the event of death, to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. In no event shall our reimbursement exceed the bodily injury by accident limit shown in Item 3.B. of the Information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word “disease” includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers’ compensation law. 5. Longshore and Harbor Workers’ Compensation Act Coverage General Section C. Workers’ Compensation Law is replaced by the following: C. Workers’ Compensation Law Workers’ Compensation Law means the workers or workers’ compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers’ Compensation Act (33 USC Sections 901-950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers’ compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers’ Liability Insurance), C. Exclusions, exclusion 8, does not apply to work subject to the Longshore and Harbor Workers’ Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Countersigned by Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 6 of 6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. C. Schedule of Covered States: