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HomeMy WebLinkAboutreEarth Consulting; 2018-07-02; PSA18-459ENVPSA18-459ENV City Attorney Approved Version 1/30/13 1 AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT FOR COMPOSTING EDUCATION REEARTH CONSULTING, LLC This Amendment No.1 is entered into and effective as of the _______ day of ___________________________, 2019, extending and amending the agreement dated July 2, 2018, (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and reEarth Consulting, a limited liability company, (“Contractor") (collectively, the “Parties”) for composting education. RECITALS A. The Parties desire to alter the Agreement’s scope of work to increase the amount of outreach and education services provided; and B. The Parties desire to extend the Agreement for a period of one (1) year; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed thirty-two thousand, seven hundred seventy-five dollars ($32,775). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed two thousand three hundred seventy- five dollars ($2,375). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by July 1, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F June 26th PSA18-459ENV City Attorney Approved Version 1/30/13 2 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR, reEarth Consulting, a limited liability company CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Ionut Lucian Toma / CEO, Co-Founder (print name/title) By: (sign here) Joshua Prigge / CEO, Co-Founder (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, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F CITY OF CARLSBAD  COMPOSTING EDUCATION AND ENGAGEMENT  PROGRAM PROPOSAL (2019-2020)  PREPARED FOR:  Avecita Jones  City of Carlsbad  Date: 5/23/2019  PREPARED BY:  Lucian Toma & Josh Prigge  reEarth Consulting  www.reearthconsulting.com  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  TABLE OF CONTENTS    TABLE OF CONTENTS Page 1    INTRODUCTION Page 2    PROGRAM COMPONENTS Page 2    COMMUNITY COMPOSTING WORKSHOPS Page 3    COMPOSTING SUPPLIES - SALES & DISTRIBUTION Page 4    IMAGES OF PROPOSED COMPOSTING BINS Page 5    PROGRAM MARKETING & OUTREACH Page 6    PROGRAM PROGRESS REPORTS Page 8    YEAR END REPORT Page 9    TOTAL PROGRAM COST Page 9    COMPANY PROFILE Page 10    OTHER AS-NEEDED SUPPORT Page 10                              reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 1 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  INTRODUCTION    reEarth Consulting is pleased to submit this proposal for the development,  implementation, marketing and management of all aspects of the 2019-2020  Composting Education and Engagement Program for The City of Carlsbad. reEarth will  promote the program, secure workshop and composting supplies distribution locations,  manage Carlsbad residents’ registration for workshops and composting supplies, procure  and distribute composting supplies, lead the hands-on education, and create reports on  the program progress after each workshop and at the end of each program year. reEarth  will work closely with the City staff throughout the entire period of the program.    reEarth Consulting has developed, implemented, promoted and managed all aspects of  the 2018-2019 Composting Education and Engagement Program for The City of Carlsbad.  The program was a success with all contracted work completed within budget and as  planned.​ ​Building on this experience and lessons learned, reEarth Consulting is proposing  a new and improved program approach to reach more Carlsbad residents and inspire,  empower and support successful home-based food waste, yard waste and general waste  reduction and composting in Carlsbad.    PROGRAM COMPONENTS     The proposed program components and improvements from the 2018-2019 program are:  1.Community Composting Workshops  2.Composting Supplies - Sales & Distribution   2.1.Increase composting bins options from two (2) to five (5).   2.2.Increase composting supplies distribution and pick-up options, to include a  second location and four (4) times/month local Farmers’ Market program booth  presence.  2.3.Offer the option to residents to receive the composting bins via mail for an  additional mailing fee.  3.Program Marketing & Outreach  3.1.Increase outreach with program booth presence at local Farmers’ Market from  one (1) to up to four (4) times/month.   3.2.Increase marketing & outreach by featuring workshop participants and their  success with composting on program website and social media pages.  4.Program Progress Reports   5.Program Year End Report   reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 2 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  COMMUNITY COMPOSTING WORKSHOPS    reEarth will develop and implement eight (6) public/community composting workshops  during the length of this program, which will each be two-and-a-half (2.5) to three (3)  hours long. Participants will be engaged in interactive and hands-on learning about the  basics of waste reduction, sorting, recycling and composting at their homes, as well as  how to incorporate the compost in their gardens or in the community.     reEarth teaching team will consist of one (1) instructor and two (2) assistants for up to  thirty (30) participants. Each participant will take home custom designed informational  handouts to help them further with composting. Three (3) composting bin systems will  be raffled among participants. Moreover, participants will also have the opportunity to  purchase subsidized composting bins and worms at the end of each workshop.     In case there are not enough participants registered for a workshop, reEarth will increase  the online targeted campaign scope, and will connect with partner local organizations to  reach out to their networks. In case there are more than thirty (30) registered participants  for a workshop, reEarth will close the online registration, and offer the opportunity for  residents to register to a workshop on a future date. Furthermore, reEarth will also  communicate with the City and explore the possibility of adjusting the number of  workshops per year if there is a high demand.     Locations & Schedule:     reEarth will establish and secure different locations for each workshop, aiming to offer  accessibility to as many Carlsbad residents as possible in different parts of the City. The  locations will include local nonprofit facilities, local community gardens, local school  campuses and local City community centers and/or libraries. The schedule of the  workshops will be established at the beginning of the program, in collaboration with City  staff. This may include one (1) workshop a month in the months of August, September  and October in 2019, and March, April and May in 2020. If found to be feasible, reEarth will  substitute one (1) of the monthly public workshops with one (1) workshop at a local school.  Note: Should the format of the school workshop require more time and staff, reEarth  will work with City staff to adjust the pricing.     Cost:     One Workshop = $1,400 + facility fee (up to $300)   Includes take-home informational and educational handouts for all participants and 3  raffled composting bins.  Total (6 workshops)= $10,200 ($1,700 x 6)    reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 3 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  COMPOSTING SUPPLIES - SALES & DISTRIBUTION     reEarth will procure and manage the distribution of two (2) to five (5) different types of  composting systems and one (1) type of composting worms.     The proposed options for Carlsbad residents are:  1.Hot or Cold Composting Bin Systems - can compost food scraps and yard waste -  suited for residents with yards only  1.1.Geobin​ - 9 cubic feet capacity bin made with non-toxic plastic materials  1.1.1.$55/bin retail cost - $40/bin City of Carlsbad Subsidy = $15/bin cost to  residents  1.2.Compost Wood Bin​ - 9 cubic feet capacity bin made with untreated wood and  non-toxic metal (stackable)  1.2.1.$70/bin retail cost - $40/bin City of Carlsbad Subsidy = $30/bin cost to  residents  2.Vermicomposting Bin System - can compost food scraps with the help of  composting worms - suited especially for residents without yards  2.1.Plastic Worm Bin​ - 1 cubic foot capacity bins made with non-toxic and/or recycled  plastic materials  2.1.1.$55/bin retail cost - $40/bin City of Carlsbad Subsidy = $15/bin cost to  residents  2.2.Wood Worm Bin​ - 1 cubic foot capacity bin made with untreated wood and  non-toxic metal (stackable)  2.2.1.$70/bin retail cost - $40/bin City of Carlsbad Subsidy = $30/bin cost to  residents  2.3.Urban Worm Bag​ - 2 cubic feet capacity bin made with recycled and plant-based  cloth and non-toxic metal  2.3.1.$95/bin retail cost - $40/bin City of Carlsbad Subsidy = $45/bin cost to  residents  3.Composting Worms - specialized organic matter decomposers that transform  plant based food and yard waste into high quality compost.  3.1.Composting Worms  3.1.1.$25/unit (½ pounds) retail cost to residents    reEarth anticipates a demand of a total of one-hundred (100) composting systems per  year at a total cost of $4,000 to the City. reEarth will purchase the bins in advance and will  invoice the City for reimbursement of distributed bins every month. In case there is a  higher demand for bins reEarth will communicate with the City and explore the  possibility of adjusting the number of bins per year to address high demand.    reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 4 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  IMAGES OF PROPOSED COMPOST BINS    1.1 Geobin 1.2 Compost Wood Bin                           2.2 Plastic Worm Bin 2.2 Wood Worm Bin                          2.3 Urban Worm Bag       reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 5 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  Locations & Schedule:     reEarth will distribute and sell the subsidized composting bins in the following ways:   1.At the end of each of the six (6) workshops  2.At the local Farmers’ Market in Carlsbad (State Street Farmers’ Market), up to four (4)  times/month   3.At up to two (2) local business partner locations in Carlsbad (Ex: Carlsbad Village  Visitors Center, Agua Hedionda Discovery Center and others)     Note: Due to the nature and life cycle of composting worms, reEarth will distribute  them only at the end of each workshop and at the farmers’ market.    Cost:    Cost of bin systems management = $3,000   Including (procurement coordination, cost/unit + shipping, processing, packaging,  delivery, and monthly reports on sales and distributions.  Subsidy for composting systems from City = $4,000 ($40 x 100)  Total = $7,000    PROGRAM MARKETING & OUTREACH    reEarth will advertise the Composting Program in multiple ways and will engage the  Carlsbad residents in continuous education about waste reduction, recycling and  composting throughout the duration of the program.     The proposed marketing & outreach approaches are:  1.Website, social media and other local media engagement​ - reEarth will manage a  Website Page, Social Media Page and Social Media Group designated to the  Composting Program for Carlsbad Residents. reEarth will create custom designed  digital and print posters, to be used in online targeted marketing campaigns and  displayed at the Farmers’ market program booth and elsewhere in the community.  Regular social media and other online media posts will be created also. This will be  done on a weekly basis before each workshop for the duration of the program.  (expanded with details in items 2,3 and 7 below). Residents will be able to register for  workshops and receive coupons for subsidized composting bins through these  online platforms. reEarth will verify that all event participants are Carlsbad residents  through the registration process.   2.Targeted online marketing campaigns​ - reEarth will create up to six (6) automated  social media campaigns prior to each workshop, inviting Carlsbad residents to  register for the workshops and to purchase and obtain the subsidized composting  reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 6 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  bins. These six (6) campaigns will include pictures, videos and/or infographics,  promoting the program and identifying reEarth as the facilitator and the City as the  sponsor.   3.Social Media interactions​ - reEarth will create and share up to twenty-four (24) social  media posts on the program’s social media pages and share in multiple social media  groups to advertise the workshops, prior to each workshop. reEarth will also create  up to twelve (12) social media posts on the program’s social media pages and share in  multiple social media groups to advertise the subsidized composting bins, on a  monthly basis. These thirty-six (36) posts will include pictures, videos and/or  infographics, promoting the program and identifying reEarth as the facilitator and  the City as the sponsor.  4.Farmers’ Market program booth presence​ - reEarth will secure a booth to promote  the program and sell/distribute composting supplies at the local Farmers’ Market in  Carlsbad up to four (4) times/month for the duration of the program. The program  booth will be equipped with informational posters, promotional give-aways,  composting supplies and representatives to register residents in workshops, provide  coupons and distribute/sell subsidized composting bins. ​Note: If two (2) of the  workshops will be facilitated for the students of local schools, reEarth will decrease  the presence at the Farmers’ market to promote the program for that month.  5.Local schools outreach​ - reEarth will reach out and coordinate with selected local  schools to coordinate workshops for the school community, including staff and  teachers, or, if found feasible and approved by the City, for the students of the school.   6.Local marketing & outreach partnerships​ - reEarth will partner with local  organizations, businesses and various news/media outlets to advertise the program.   7.Program marketing assets​ ​and communication​ - reEarth will create all marketing  assets necessary for the program. These assets will be shared with City staff for  approval between one (1) month and two (2) weeks prior to being used. reEarth will  need approval to use in a timely matter to ensure the success of the marketing and  social media campaigns. All marketing assets and communication will include  pictures, videos and/or infographics, promoting the program and identifying reEarth  as the facilitator and the City as the sponsor.  8.Follow up communication​ - reEarth will send a quarterly email to all program  participants. This will include additional composting information and a survey, asking  the recipients to self-report on their progress with their composting journey.     The proposed program marketing assets and communication are:  1.Pictures & Videos with descriptions​ - pictures & videos taken during the program  with the consent of the participants, featuring different aspects of the workshops  and farmers’ market experience, as well as pictures of the program’s composting  reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 7 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  supplies and other related pictures with copyrights obtained by reEarth. These will  be used in online and social media campaigns to promote the program.  2.Digital & Print Posters​ - pictures with designed content attached on them taken  during the program with the consent of the participants, featuring different aspects  of the workshops and farmers’ market experience, as well as pictures of the  program’s composting supplies and other related pictures with copyrights obtained  by reEarth. These will be used in online and social media campaigns, as well as  printed at the farmers’ market and other locations in Carlsbad to promote the  program.    Customer Service:  reEarth will also provide customer service during the program, answering customers’  emails, phone calls and other communication related to the program.     Cost:     Farmers’ Market program booth presence = $300  Total Farmers’ Market program booth presence = $7,200 ($300 x 24)  Includes loading/unloading, driving, four (4) hours at farmer’s market, and printing​.   Weekly program marketing for the duration of the program = $3,375   Total cost for the duration of the program (8 months)= $10,575    PROGRAM PROGRESS REPORTS    The proposed items to be included in the progress reports are:  1.A written summary and synthesized observations on the last workshop facilitated,  and all the activities related to its promotion and follow-ups  2.An array of pictures from the workshop  3.Marketing approach and results highlights  4.Pre/post-workshop surveys summarized/synthesized reports from participants, with  information on concept retention, program rating and marketing feedback  5.List with all the participants registration information, such as email, home address  and phone number  6.Any information on customer support provided  7.Any information and data gathered from the quarterly follow-up emails.    After each workshop, reEarth will provide a summary report and analysis with all the  information and data collected during the marketing campaigns, and during and after  each workshop to the City.     Cost:   reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 8 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019    One Workshop = $500   Total (6 workshops) = $3,000 ($500 x 6)    YEAR END REPORT    reEarth will provide a comprehensive year-end summary report summarizing the services  provided with details of the composting program, summed up from all the progress  reports, total bin sales for the year, marketing and outreach activities and total  attendance at workshops for the duration of the contract.    Cost:     Total cost for final report = $2000     TOTAL PROGRAM COST    Program Management & Implementation = $28,775  Anticipated Composting Bins Subsidy = $4,000  Total =$32,775       reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 9 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F   PROGRAM PROPOSAL Carlsbad 2019  COMPANY PROFILE    reEarth Consulting is a joint partnership between two highly experienced sustainability  professionals, supported by an extensive network of educators and consultants, with a  stellar track record in waste diversion, recycling programs, education and sustainability  management. reEarth Consulting is managing the current 2018-2019 Composting  Program for the City and launching a Waste Reduction Pilot Program for the City also.    Josh Prigge​ is a sustainability practitioner, college professor, published author, and public  speaker with nearly a decade of experience managing sustainability programs and  initiatives for large organizations including Hawaii Pacific University, Fetzer Vineyards,  Jackson Family Wines and Levi Strauss. In 2017, Josh was recognized as a top fifty (50)  environmental leader in the business sector receiving the Environmental Leader 50  award. Josh's work has been featured in publications such as Forbes.com, The Guardian,  Huffington Post and Triple Pundit. He has presented at numerous sustainability  conferences and events around the world, including the United Nations COP21 Paris  Climate Conference and the U.S. Zero Waste Business Council Conference. Josh holds a  Master of Arts in Global Leadership and Sustainable Development and an MBA.     Lucian Toma​ is a sustainability and permaculture educator, designer and consultant with  over seven (8) years of experience with the design, development and implementation of  sustainability programs in academic, government, nonprofit and business environments,  such as The Permaculture Research Institute of Romania, City of San Clemente and The  Energy Coalition. Lucian has designed, developed, implemented and managed the  Composting Education and Bin Distribution Program for The City of Carlsbad in 2016 and  2017 as part of The Ecology Center contracted team. In the past 3 years, Lucian led over  two hundred (200) hands-on workshops and educated over five thousand (5000)  individuals in sustainability related subjects, including nine (9) composting workshops in  the City of Carlsbad.     OTHER AS-NEEDED ENVIRONMENTAL OUTREACH & EDUCATIONAL  PROGRAMS/EVENTS    reEarth Consulting has the expertise, experience and capacity to provide sustainability  and environmental related services to The City of Carlsbad on as needed basis. reEarth  has strong working relationships with an extensive network of sustainability professionals  in the areas of graphic design, education, policy, event coordination, professional writing,  landscape design, energy efficiency solutions, arts, entertainment and more. reEarth  Consulting is available to provide the City of Carlsbad with any additional related services  as needed.   reEarth Consulting - 949.330.0788 - ​lucian@reearthconsulting.com Page 10 of 11  PSA18-459ENV - Amendment No. 1 Exhibit "A" DocuSign Envelope ID: E91464C0-30AB-4B35-B29C-02E48673892F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd FloorNew York, NY 10022 A 06/21/2019 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 ReEarth Consulting, LLC 410 Calle NinaSan Clemente, CA 92672 The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services P.O BoX 4668-ECM #35050 New York, NY 10163-4668 X X X UDC-2283094-CGL-19 06/11/2019 06/11/2020Y 2,000,000 100,000 5,000 2,000,000 2,000,000 S/T Gen. Agg The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services is listed as additional insured. Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to in-clude as an additional insured the person(s) or organi-zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis-sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. UDC-2283094-CGL-18 ReEarth Consulting, LLC 18 March 19, 2019 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 4668 ECM 35050 New York,NY 10163 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 1 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 Change Coverages Add/Replace Vehicle Remove Vehicles Change Loan/Lease Companies Manage Your Policy send to printer close window Policy No: CAA062153601 Current Term 01/17/2019 - 01/17/2020 DRIVERS Name Date of Birth Driver Status Jeff S Timper 10/09/1963 Regular Driver Details Gender Male Marital Status Single Year First Licensed 1979 Accidents & Traffic Convictions Accidents 0 Total Traffic Convictions 0 Ionut L Toma 12/01/1982 Regular Driver Details Gender Male Marital Status Married 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 2 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 Year First Licensed 2000 Accidents & Traffic Convictions Accidents 0 Total Traffic Convictions 1 VEHICLES Vehicle No.Year Make 1 2009 Tyta Vehicle Details Identification Number 5TFBW54159X087888 Garage Zip Code 92672 Annual Miles 12,501 - 15,000 Special Equipment None Sound Equipment None 2 2000 Lexs Vehicle Details Identification Number JT6HF10U1Y0164287 Garage Zip Code 92672 Annual Miles 4,501 - 5,500 Special Equipment None Sound Equipment None COVERAGE LIMITS Vehicle No.Year Make Premium 1 2009 Tyta $1,271 Coverage Details Coverages Limits of Liability Premium Liability Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $402 Property Damage $1,000,000 Each Occurrence $275 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 3 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 Physical Damage Comprehensive Deductible $2,000 $66 Collision Deductible $2,000 $219 Uninsured Motorist Uninsured & Underinsured Motorist(s) Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $211 Uninsured Deductible Waiver No Total Premium $1,271 2 2000 Lexs $997 Coverage Details Coverages Limits of Liability Premium Liability Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $386 Property Damage $1,000,000 Each Occurrence $257 Uninsured Motorist Uninsured & Underinsured Motorist(s) Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence $278 Uninsured Deductible Waiver N/A Total Premium $997 Total Premium $2,268 DISCOUNTS Policy Discounts Other Discounts: Loyalty , Multi Car Driver Discounts Jeff S Timper Good Driver Ionut L Toma Good Driver Vehicle Discounts Vehicle 1: 2009 TYTA TUNDRA DBL CAB SH PICKUP Verified Mileage Vehicle 2: 2000 LEXS RX 300 SUV Verified Mileage ENDORSEMENTS AND CERTIFICATES 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 4 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 The information displayed on this website is for informational purposes only and is not intended to replace your policy (including any endorsements) and declarations that are mailed to you. Insurance is in effect only for the coverages and limits of liability shown on the declarations and as set forth in the insurance policy and endorsements. This information is a helpful summary only and is not a comprehensive definition of all coverages, qualifications, limitations, etc. Please consult the policy and one of our insurance agents for more information. Also, the information displayed on this website may not reflect recent policy changes or payments and/or transactions on your account. Please allow up to three business days for your new information to be reflected in these records. The information displayed on this website is for informational purposes only and is not intended to replace your policy (including any endorsements) and declarations that are mailed to you. Insurance is in effect only for the coverages and limits of liability shown on the declarations and as set forth in the insurance policy and endorsements. This information is a helpful summary only and is not a comprehensive definition of all coverages, qualifications, limitations, etc. Please consult the policy and one of our insurance agents for more information. Also, the information displayed on this website may not reflect recent policy changes or payments and/or transactions on your account. Please allow up to three business days for your new information to be reflected in these records. The required payment must be postmarked, paid over the phone, paid online or paid in-person at one of our AAA office locations during normal business hours prior to the cancellation date/time or the policy will be cancelled for nonpayment of premium and all coverage will cease as of that time. If payment is not made or is made for less than the required amount, the amount due must be paid before the cancellation date/time to ensure that the insurance coverage does not lapse. Whenever a premium payment is returned unpaid by your financial institution, we may, at our option, notify you in writing that the entire outstanding premium balance is immediately due and payable in cash or by cashier's check or money order at one of our AAA office locations. All returned payments, whether by check, electronic transaction, or other form of payment may be presented again electronically for payment. Each returned payment and each late payment is subject to a fee that may also be debited electronically. Fees are subject to change without notice. Payments are accepted from U.S. financial institutions only. Automatic Payments: Automatic debits from your checking account for insurance policies will begin with the first automatic payment billed after the Authorization Agreement is received and processed. (Please allow 15 days for processing.) Until then, your insurance premium payment is still due on the date shown on your most recent billing statement. If you enroll in automatic payments for more than one insurance policy, the processing bank will determine the order of processing debits (i.e., the order of payment) for each policy. Automatic payments are subject to all applicable finance charges, installment and other fees. We gave you notice of the amount of all applicable finance charges and/or fees at the time you applied for the insurance policy(s) above and upon renewals of your policy(s). Installment payment plans and all fees are subject to change without notice. Policyholders who have payments returned unpaid from their financial institution may have automatic payments authorization revoked as to all insurance policies by the Exchange. In the event that this occurs, you will be notified by mail and a return payment fee and late fee may be added to your bill (or to a second attempted debit to your account). If automatic payments are revoked, installments remaining for the current insurance policy period will be billed on your regular payment plan with statements mailed to you. If an error is made the Exchange can correct it by initiating debits or credits. You may revoke enrollment in automatic payments, as to any one or more insurance policies, at any time by signing and dating a written request and mailing it to: AAA/Interinsurance Exchange of the Automobile Club, P.O. Box 25006, Santa Ana, CA 92799-5006. While not required, a revocation form is available for your use upon request by contacting us at (800) 924-6141 or your local office. Insurance is provided to qualified Auto Club members by the Interinsurance Exchange of the Automobile Club ("Exchange"). CA Dept of Insurance Lic. #0003259 Number Title 2011 MEMBER'S AUTOMOBILE POLICY - POLICY NUMBER CHANGE 2367 AMENDATORY ENDORSEMENT 2/22/19, 11’53 AMAAA - Print Auto Policy Details Page 5 of 5https://apps.calif.aaa.com/aceapps/insurance/policies/Policy/PrintAutoPolicyDetails/004?policyPrefix=CAA&policyNumber=062153601 CTR# 1016202-80 Copyright © 2013 Automobile Club of Southern California. All Rights Reserved. The Automobile Club of Southern California is a member club affiliated with the American Automobile Association (AAA) national federation and serves members in the following California counties: Inyo, Imperial, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Tulare, and Ventura. Find a different AAA club. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd FloorNew York, NY 10022 06/21/2019 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 ReEarth Consulting, LLC 410 Calle NinaSan Clemente, CA 92672 The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services P.O BoX 4668-ECM #35050 New York, NY 10163-4668 A Professional Liability Y UDC-2283094-EO-19 06/11/2019 06/11/2020 Each Claim: $ 1,000,000 Aggregate: $ 1,000,000 The City of Carlsbad\ CMWD c/o EXIGIS Insurance Compliance Services is listed as additional insured. PSA 18-459ENV AGREEMENT FOR COMPOSTING EDUCATION REEARTH CONSULTING,LLC GREEMENT is made and entered into as of the c!}a;L, day of ---,o<..j...J-"4-,~-----' 2018, by and between the CITY OF CARLSBAD, a municipal 1 y"), and REEARTH CONSUL TING, a limited liability company, ("Contractor"). RECITALS A. City requires the professional services of an environmental outreach and education service provider that is experienced in providing environmental related education and outreach programs. B. Contractor has the necessary experience in providing professional services and advice related to environmental education and outreach services. 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 three (3) 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 thousand four hundred ($30,400) dollars. 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 thousand four hundred dollars ($30,400) 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". 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 City Attorney Approved Version 9/27/17 PSA 18-459ENV 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 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. 2 City Attorney Approved Version 9/27/17 PSA18-459ENV 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 Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 3 City Attorney Approved Version 9/27 /17 PSA 18-459ENV 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 Name Avecita Jones Title Management Analyst Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7542 For Contractor Name lonut Lucian Toma Title CEO/Manager/Member Address 410 Calle Nina San Clemente, CA 92672 Phone No. 949-330-0788 Email lucian@reearthconsulting.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes D No [gl 4 City Attorney Approved Version 9/27/17 PSA 18-459ENV 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 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTSAG~NSTCONTINGENTFEES 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 5 City Attorney Approved Version 9/27 /17 PSA 18-459ENV 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. Ill Ill Ill Ill 6 City Attorney Approved Version 9/27/17 PSA18-459ENV 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, reEarth, a limited liability company By: ~-~ ·-~~E:->_..-<3~c::::::::::::::::-_ --- CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Elaine Lukey / Pu orks Director as e City Manager authorized b ,(0 l',H.!,-LllC/1\-tJ 101'-\f\-C,_€-0 /lO·-FtlOt-,;~~ (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 Chairman, President, or Vice-President Groups Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation !!lY§! 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~~ Deputy City Attorney 7 City Attorney Approved Version 9/27/17 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of _O_ra_n~g~e _______ _ } On 06/1$/'2.tJl?f personally appeared / O µv,-f--vc.. / f! \\-1 'f""t) M-it- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J "MAXFIELD SAMUEL CONKLIN I 1-, COMM ... 2231267 ~ U NOTARY PUBLIC-CALIFORNIA -1 m . , ORANGE COUNTY W f My Term Exp. Feb. 15, 2022 J (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding nota1y wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments .from other states may be completed for documents bemg sent to that state so long as the wording does not require the California notary• to violate California notan: law. (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other _________ _ www.NotaryClasses.com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonns by crossing off incorrect forms (i.e. he/she/they;-is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of _O_r_a_n ___ g_e ______ _ } On 06 /l~ / 20\ ?S before me, Maxfield Samuel Conklin, Nata personally appeared ~ 0 5 ~ r, · -- who proved to me on the basis of satisfacto evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. raMAXFIELD SAMUEL CONKLIN~ 1-• COMM ... 2231267 n U t>a NOTARY PUBLIC-CALIFORNIA -i ID , ORANGE COUNTY W I My Tenn Exp. Feb. 15, 2022 I Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other _________ _ www.NotaryClasses.com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • TI1e notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Sii,JJJature of the notary public must match the signature on file with the office of the county clerk. •!• Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. ,:, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. * • reEarth {city of Carlsbad PSA 18-459ENV Exhibit "A" City of Carlsbad Composting Education and Engagement Program Proposal Prepared By: Lucian Toma & Josh Prigge reEarth Consulting www.reearthconsulting.com Prepared For: A vecita Jones City of Carlsbad Date: 5/4/18 Table of Contents PSA 18-459ENV Exhibit "A" Table of Contents .................................................................................. 1 Introduction ......................................................................................... 2 Program Components .......................................................................... 2-5 Community Composting Workshops ...................................................... 2-3 Composting Bin Systems -Sales Management ........................................ 3-4 Program Marketing & Outreach ........................................................... .4 Program Reports .................................................................................. 4 Year End Report ................................................................................... 5 Cost .................................................................................................... 5 Company Profile ................................................................................... 5-6 City of Carlsbad -Composting Program Proposal 1 ~ ., reEarth Introduction PSA 18-459ENV Exhibit "A" reEarth Consulting is pleased to submit this proposal for the development, implementation, marketing and management of all aspects of the Composting Education and Bin Distribution Program for The City of Carlsbad. re Earth will promote the program, secure workshop locations, manage Carlsbad residents' registration for workshops and composting bins, procure and distribute composting bins, lead the hands-on education, and create reports on the program progress after each workshop and at the end of each program year. reEarth will work closely with the City staff throughout the entire period of the program. reEarth Consulting has the expertise, background and team to run the most successful Composting Program in The City of Carlsbad with innovative educational curriculum, cutting edge marketing and outreach approach, established relationships with Carlsbad residents, businesses and organizations, and affordable composting bin systems. Program Components Community Composting Workshops reEarth will develop and implement six (6) composting workshops during the length of this program, which will each be two-and-a-half hours long. Participants will be engaged in interactive and hands-on learning about the basics of waste reduction, sorting, recycling and composting at their homes, as well as how to incorporate the compost in their gardens or in the community. reEarth teaching team will consist of one (1) instructor and two (2) assistants for up to forty (40) participants. Each participant will take home custom designed informational handouts to help them further with composting. Three (3) composting bin systems will be raffled among participants. Participants will also have the opportunity to purchase subsidized composting bins and worms at the end of each workshop. In case there are not enough participants registered for a workshop, reEarth will increase the online targeted campaign scope, and will connect with partner local organizations to reach out to their networks. In case there are more than forty (40) registered participants for a workshop, reEarth will close the online registration, and offer the opportunity for residents to register to a workshop on a future date. Furthermore, reEarth will also communicate with the City and explore the possibility of adjusting the number of workshops per year if there is a high demand. City of Carlsbad -Composting Program Proposal 2 ~-L.,,-• reEarth Locations: PSA 18-459ENV Exhibit "A" reEarth will establish and secure different locations for each workshop, including local nonprofit facilities and community gardens. One Workshop= $1400 + facility fee {up to $300) Total (6 workshops)= $10,200 {$1,700 x 6) Composting Bin Systems -Sales Management reEarth will procure and manage the distribution of two different types of composting systems: • Geobins -Composting system that can compost food scraps and yard waste. ~ $55/bin retail cost -$40/bin City of Carlsbad Subsidy= $15/bin cost to residents • Worm Bins -Composting system that can compost food scraps with the help of composting worms. ~ $55/bin retail cost -$40/bin City of Carlsbad Subsidy = $15/bin cost to residents • Composting Worms -Specialized worms that transform food waste into high quality compost. ~ $25/pound retail cost to residents reEarth anticipates a demand of twelve ( 12) composting systems per month, for a total of one-hundred-forty-four (144) per year at a total cost of $7,200 to the City. reEarth will purchase the bins in advance and will invoice the City for reimbursement of distributed bins every 2 months. In case there is a higher demand for bins in the first half of the year, reEarth will communicate with the City and explore the possibility of adjusting the number of bins per year to address high demand. reEarth will sell composting worms at the end of each workshop and at farmers' markets only. Locations: reEarth will distribute and sell the subsidized composting bins and composting worms in the following three ways: • At the end of each of the six workshops City of Carlsbad -Composting Program Proposal 3 PSA 18-459ENV Exhibit "A" • At the local Farmers' Market in Carlsbad (State Street Farmers' Market) once a month • At local business partner locations in Carlsbad (reEarth has an existing relationship with Agua Hedionda Discovery Center) Cost of bin systems management for duration of the program = $3000 Program Marketing & Outreach reEarth will advertise the Composting Program in multiple ways and will engage the Carlsbad residents in continuous education about waste reduction, recycling and composting throughout the duration of the program. • reEarth will custom design, and manage on a weekly basis for the duration of the program, a Website Page, Social Media Page and Social Media Group (Face book) designated to the Composting Program for Carlsbad Residents. Residents will be able to register for workshops and receive coupons for subsidized composting bins through these online platforms. reEarth will verify that all event participants are Encinitas residents through the registration process. • reEarth will create automated social media campaigns and informational posts inviting Carlsbad residents to register for the workshops and to obtain subsidized composting bins to run every two (2) weeks and prior to workshops. • reEarth will secure a booth at the local Farmers' Market in Carlsbad one (1) to four (4) times a month, equipped with informational posters and representatives to register residents in workshops, provide coupons and distribute/sell subsidized bins. • re Earth will partner with local organizations, businesses and various news/media outlets to advertise the program. Total cost for duration of the program= $5000 Program Reports reEarth will verify that all workshop participants and bin purchasers are Carlsbad residents, and will distribute pre/post-workshop surveys from participants to gather information on concept retention, program roting and marketing feedback. After City of Carlsbad -Composting Program Proposal 4 ~/ -reEarth PSA 18-459ENV Exhibit "A" each workshop, reEarth will provide a summary report and analysis with all the information and data collected to the City. One Workshop= $500 Total (6 workshops) = $3,000 Year End Report reEarth will provide a comprehensive year-end summary report summarizing the services_provided, details of the composting program, total bin sales for the year, marketing and_outreach activities and total attendance at workshops per year. Total cost for final report= $2000 Total Cost for 12-month Program Program Management & Implementation = $23,200 Anticipated Composting Bins Subsidy= $7,200 Total= $30,400 Company Profile -reEarth Consulting reEarth Consulting is a joint partnership between two highly experienced sustainability professionals, supported by an extensive network of educators and consultants, with a stellar track record in waste diversion, recycling programs, education and sustainability management. Josh Prigge is a sustainability practitioner, college professor, published author, and public speaker with nearly a decade of experience managing sustainability programs and initiatives for large organizations including Hawaii Pacific University, Fetzer Vineyards, Jackson Family Wines and Levi Strauss. In 2017, Josh was recognized as a top fifty (50) environmental leader in the business sector receiving the Environmental Leader 50 award. Josh's work has been featured in publications such as Forbes.com, The Guardian, Huffington Post and Triple Pundit. He has presented at numerous sustainability conferences and events around the world including the United Nations COP21 Paris Climate Conference and the U.S. Zero Waste Business City of Carlsbad -Composting Program Proposal 5 PSA 18-459ENV Exhibit "A" Council Conference. Josh holds a Master of Arts in Global Leadership and Sustainable Development and an MBA. Lucian Toma is a sustainability and permaculture educator, designer and consultant with over seven (7) years of experience with the design, development and implementation of sustainability programs in academic, government, nonprofit and business environments, such as The Permaculture Research Institute of Romania, City of San Clemente and The Energy Coalition. Lucian has designed, developed, implemented and managed the Composting Education and Bin Distribution Program for The City of Carlsbad in 2016 and 2017 as part of The Ecology Center contracted team. In the past 3 years, Lucian led over two hundred (200) hands-on workshops and educated over five thousand (5000) individuals in sustainability related subjects, including nine (9) composting workshops in the City of Carlsbad. Other As-Needed Environmental Outreach and Educational Programs/Events reEarth Consulting has the expertise, experience and capacity to provide sustainability and environmental related services to The City of Carlsbad on as needed basis. reEarth has strong working relationships with an extensive network of sustainability professionals in the areas of graphic design, education, policy, event coordination, professional writing, landscape design, energy efficiency solutions, arts, entertainment and more. reEarth Consulting is available to provide the City of Carlsbad with any additional related services as needed. City of Carlsbad -Composting Program Proposal 6 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) L..---06/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions ot the policy, certain poOcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In neu ot such endorsement(s). PRODUCER .. ~ ~'';'"' Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA !'!4 :JI!,_.,_,_ (888) 202-3007 l FAX IA/C Nol: 520 Madison Avenue ~ ~~-= contact@hiscox.com 32nd Floor New York, NY 10022 INSURERtSl AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURERS: RE Earh Consulting LLC INSURERC: 41 O Calle Nina INSURER 0: San Clemente, CA 92672 INSUREIIE: 111"'1RERF: 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. NOnMTHSTANDING 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. I~ ,u, POUCYEFF PO[ieyEl(p TYPE OF INSURANCE 1, ...... lwun POLICY NUMBER uwrs X COMMERCIAL GENERAL LIABILffY EACH OCCURRENCE s 2,000,000 LJ CLAIM$-MADE [K] OCCUR g~~U9, "'"" I t:U s 100,000 I--PREMIS Ea MED EXP (Any one person) s 5,000 ~ A I--y UDC-2283094-CGL-18 06/11/2018 06/11/2019 PERSONAL & ADV INJURY s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s 2,000,000 ~ DPRO-Otoe PRODUCTS· COMP/OP AGG s SIT Gen. Aaa POLICY JECT OTHER $ AUTOMOBILE UAIIIUTY ~~~~INGLE LIM11 $ I-- ANY AUTO BODILY INJURY (Per person) $ -AU. OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ I---NON-OWNED fp~:&;~J:t'J?AMAGE HIRED AUTOS $ --AUTOS $ UMBRELLA UA8 HOCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION$ $ WORKERS COMPENSATION I ~f:nm= I I OlH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ I ii~~ ~ERATIONS below E.L. DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addltionlll Remarks Schadule, may be attached If more .,,_ ta requlrad) City of Carlsbad added as a additional insured CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Wmt THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVE , .JI. /) ~ [ f/ 13~ J(. ~r· © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014A>1) The ACORD name and logo are registered marks of ACORD I ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIDD/YYYY) L-----06/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDmONAL INSURED, the polk:y(les) must be endol'Md. "SUBROGATION IS WAIVl!D, sub)ect to the terms and conditions of the policy, certain pollclea may require an endorsement A statement on this certmcate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~ .. , Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA r.~.t. ,,_,. (888) 202-3007 I FAX ,a.r No\: 520 Madison Avenue ~=D: contact@hiscox.com 32nd Floor New York, NY 10022 INSURl!AISI AFFORDING COVERAGE NAICI INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURERS: RE Earh Consulting LLC INSURERC: 41 O Calle Nina INSURERD: San Clemente, CA 92672 INSURERE: IN!it.11-Rf: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIStEO 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 IIVITH 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. ~ TYPE OF INSURANCE A POLICYEFF ~ -'"""' POLICY NUMBER .. I.MTS COllll£RCW. GENERAL UABR.ITY EACH OCCURRENCE $ I CLAIMs-MADE D OCCUR ~REMISEJ~':'N I cu $ -MED EXP (Any one person) $ PERSONAL & ADV INJURY -$ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY o r:s: D LOC PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY )i,~M~~NGLE LIMII $ -ANY AUTO BODILY INJURY (Per person) s f---ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NO~WNED r:..~~Rl'!RAMAGE $ HIRED AUTOS AUTOS -- $ UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ -EXCESSUAB CLAJMS-MAOE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I ~f-nrrF I I ~;r-AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL. DISEASE -EA EMPLOYEE $ If r·· describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability y UOC-2283094-E0-18 06/11/2018 06/11/2019 Each Claim: $ 1,000,000 Aggregate: $ 1,000,000 DESCRIP110N Of OPERATIONS/ LOCATIONS/VEHICLES (ACORD 101, Addltlonal Remaru Schedule, may be llll8Ched If mON ~ la ,-quired) City of Carlsbad added as a additional Insured CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 I CANCELLATION SHOULD ANY OF lHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Tl-IE EXPIRATlON DATE lltEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wmt THE POLICY PROVISIONS. AUTHORIZEOREPRESENTATIVE , _..JJ /J J L_,£/ 1$~ t,<. hrlf"r·· © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (201.W1) The ACORD name and logo are registered marks of ACORD I lnterinsurance Exchange of the Automobile Club Automobile Insurance Policy Change Proposal 06/15/2018 Named Insured and Mailing Address: TIMPER, JEFF 410 Calle Nina San Clemente. CA 92672 Policy Number: CAA062153601 Policy Term Oates: 01/17/2018 -01/17/2019 Your Agent is: Jori Negrete 3350 Harbor Blvd Costa Mesa, CA 92626 IMPORTANT NOTICE: This Policy Change Proposal does not change your current coverage. To complete this change, please contact your agent. This proposal is an estimate based on requested policy changes effective 06/16/2018. Rates are subject to change. DRIVER INFORMATION: Drivers' Name11 (LHt, First) Timper, Jeff Toma, lonut VEHICLE INFORMATION: No. Vear Vehicle Make/Model 2009 TYT A/TUNDRA DBL CAB SH 2 2000 LEXS/RX 300 VEHICLE PREMIUM INFORMATION: Coverages Bodily Injury Property Damage Medical Payments Uninsured/Underinsured Motorist Bodily Injury Comprehensive Collision Car Rental Expense Uninsured Collision Uninsured Deductible Waiver 12-MONTH VEHICLE PREMIUM: LIMIT OF LIABILITY (IF APPLICABLE) No. Year Date of Birth Gender Rated Veh 10/09/1963 M 01 12/01/1982 M 02 Garage Annual Verified Zip Code Garaged Miles Mileage No 11,381 Yes No 4,795 Yes Limits($) 1,000,000/1,000,000 1,000,000 1,000,000/1,000,000 (See Deductibles) (See Deductibles) (See Above) Vehicle Make/Model Driving Safety Record Year First GOD Chargeable Citations Chargeable Accidents Licensed 1979 y 0 0 2000 y 0 0 Di!!l!!.lilll!I!! Special Car Rent. Primary Salvage Comp. Collision Equip. Expense Driver No $2,000 $2,000 01 No 02 Vehicle 1 Vehicle 2 $394 $274 $257 $174 $180 $168 $62 $231 $1,124 $616 Limit of Liability POLICY DISCOUNTS: Please review these carefully as you are warranting that you are entitled to the following discounts. Good Driver Yes Good Student No Student Away No Multi- Vehicle Yes Multi- Policy No Mature Driver No Driving Course No Loyalty Yes Grp-Deg. Professional No Verified Mileage Yes CURRENT 12-MONTH POLICY PREMIUM TOTAL: $1,040 PROPOSED 12-MONTH POLICY PREMIUM TOTAL after Policy Changes: $1,740 SUBJECT(S) OF POLICY CHANGE: THIS IS NOT A BILL LCAA0202A E20160803 061518 This policy change would increase your premium by $412 for the remainder of the term. Insurance provided to qualifted Auto Club members by the lnterinsurance Exchange of the Automobile Club. CA Dept. of Insurance Lie. #0003259 Page 1 of 1 8010 (1/17) Ccityof Carlsbad CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE 0 ' I, (D"1vT 1,...vc1At-J T<DMA- [insert name] , am the of ~-e G-~~ ~-~-a? f--Jl.JU 1--~t'fJ6_ I hereby certify that [ name of company] [title] ~EbA~-rH CO/J:>Ut-Tt'NG --------------- [name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should P-6-c Pr ~T t-t C..tJ }J 5 UC-TI t'-i G ___ employ any person during the term [ name of company] of the Agreement with the City of Carlsbad for [description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. (Ot---)0, L-ucr'r,N VOMA- [Name] f ~ t-t.>, De tJ'f / e-tf)-Ft1v 1--J~f-ll-R--c-e-A-~, I-{ c_oN 6 u L-r £, ,v c; [Title and name of company or corporation] Public Works Contract Administration 1635 Faraday Ave I Carlsbad, CA 92008 I 760-602-4677 Secretary of State Statement of Information (Limited Liability Company) IMPORTANT-Read instructions before completing this form. Filing Fee -$20.00 Copy Fees -First page $1.00; each attachment page $0.50; Certification Fee -$5.00 plus copy fees LLC-12 18-B51207 FILED In the office of the Secretary of State of the State of California APR 30, 2018 This Space For Office Use Only 1. Limited Liability Company Name (Enter the exact name of the LLC. If you registered in California using an alternate name. see instructions.) REEARTH CONSUL TING, LLC 2. 12-Digit Secretary of State File Number 201811610024 3. State, Foreign Country or Place of Organization (only if formed outside of California) CALIFORNIA 4. Business Addresses a. Street Address of Principal Office -Do not list a P.O. Box City (no abbreviations) State Zip Code 410 Calle Nina San Clemente CA 92672 b. Mailing Address of LLC, if different than item 4a City (no abbreviations) State Zip Code 410 Calle Nina San Clemente CA 92672 c. Street Address of California Office, if Item 4a is not in California -Do not list a P.O. Box City (no abbreviations) State Zip Code 410 Calle Nina San Clemente CA 92672 5. Manager(s) or Member(s) If no managers have been appointed or elected, provide the name and address of each member. At least one name and address must be listed. If the manager/member is an individual, complete Items Sa and Sc (leave Item Sb blank). If the manager/member is an entity, complete Items Sb and Sc (leave Item Sa blank). Note: The LLC cannot serve as its own manager or member. If the LLC has additional managers/members, enter the name(s) and addresses on Form LLC-12A (see instructions). a. First Name, if an individual -Do not complete Item 5b I Middle Name lonut Lucian b. Entity Name -Do not complete Item 5a c. Address I City (no abbreviations) 410 Calle Nina San Clemente 6. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL -Complete Items Sa and Sb only. Must include agent's full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name b. Street Address (if agent is not a corporation) -Do not enter a P.O. Box City (no abbreviations) CORPORATION -Complete Item Sc only. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent's Name (if agent is a corporation) -Do not complete Item Sa or Sb LEGALZOOM.COM, INC. (C2967349) 7. Type of Business a. Describe the type of business or services of the Limited Liability Company Sustainability consulting 8. Chief Executive Officer, if elected or appointed a. First Name b. Address Middle Name City (no abbreviations) 9. The Information contained herein, including any attachments, is true and correct. I Last Name I Suffix Toma I State I Zip Code CA 92672 I Last Name I Suffix I ~a; I Zip Code I Last Name I Suffix I State I Zip Code 04/30/2018 Cheyenne Moseley Asst. Sec., LegalZoom.com, Inc., OBO filing entit, Date Type or Print Name of Person Completing the Form Title Signature Return Address (Optional) (For communication from the Secretary of State related to this document, or if purchasing a copy of the filed document enter the name of a person or company and the mailing address. This information will become public when filed. SEE INSTRUCTIONS BEFORE COMPLETING.) Name: r Company: Address: City/State/Zip: L LLC-12 (REV 01/2017) l J Page 1 of 2 2017 California Secretary of State www.sos.ca.gov/business/be Attachment to Statement of Information (Limited Liability Company) A. Limited Liability Company Name REEARTH CONSUL TING, LLC B. 12-Digit Secretary of State File Number 201811610024 LLC-12A Attachment 18-B51207 This Space For Office Use Only C. State or Place of Organization (only if formed outside of California) CALIFORNIA D. List of Additional Manager(s) or Member(s) -If the manager/member is an individual, enter the individual's name and address. If the manager/member is an entity, enter the entity's name and address. Note: The LLC cannot serve as its own manager or member. First Name Middle Name Joshua Entity Name Address City (no abbreviations) 410 Calle Nina San Clemente First Name Middle Name Entity Name Address City (no abbreviations) First Name Middle Name Entity Name Address City (no abbreviations) First Name Middle Name Entity Name Address City (no abbreviations) First Name Middle Name Entity Name Address City (no abbreviations) First Name Middle Name Entity Name Address City (no abbreviations) First Name Middle Name Entity Name Address City (no abbreviations) LLC-12A-Attachment (EST 07/2016) Page 2 of 2 I Last Name Prigge I Last Name I Last Name I Last Name I Last Name I Last Name I Last Name I Suffix I State ~Zip Code CA 2672 I Suffix I State I Zip Code I Suffix I State I Zip Code I Suffix I State I Zip Code I Suffix I State I Zip Code I Suffix I State I Zip Code I Suffix I State I Zip Code 2016 California Secretary of State www.sos.ca.gov/business/be