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HomeMy WebLinkAboutThe Beaten Berry; 2019-06-18;1.0 PARTIES AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BEATEN BERRY REGARDING FOOD SERVICES AT TGIF CONCERTS IN THE PARKS THIS AGREEMENT ("AGREEMENT"), dated ::J: ,u· I(; .2 o/9 ("Effective Date") is made and entered into between the City of Carlsbad, atalifornia Municipal Corporation, hereinafter referred to as the "CITY" and The Beaten Berry hereinafter referred to as the "VENDOR." 2.0 RECITALS WHEREAS, the CITY is the presenter of TGIF Concerts in the Parks, a series of nine concert events, and holds fee title to portions of real property on which the concerts are performed; and WHEREAS, the CITY provides TGIF Concerts in the Parks, a special event series, and all related activities and services to MORE THAN 30,000 patrons annually; and WHEREAS, the site ofTGIF Concerts in the Parks includes approximately 1,000 square feet of space (the "Premises") located adjacent to patrons attending the events and the CITY exercises control over the same Premises designed to be utilized for purposes compatible with, and supportive of, the mission of special events offered for the enjoyment of the public; and WHEREAS, subject to certain terms and conditions, the CITY desires to allow the use of the Premises by VENDOR for the sale of food items and beverages; NOW, THEREFORE, for good and valuable consideration, the CITY and VENDOR enter into this Agreement for use of the Premises subject to the following terms and conditions. 3.0 TERMS 3.1 Authorization for Use. Subject to the terms and conditions set forth below, CITY authorizes VENDOR non-exclusive use of the Premises during hours of operation, as defined in Section 3.3 below. A site plan of the Premises is shown in Exhibit "A" attached hereto and hereby incorporated by this reference. 3.2. Term. The term of this AGREEMENT shall be for the duration of the TGIF Concerts in the Parks 2019 season, commencing on June 21, 2019 and ending on August 16, 2019. The parties may renew this AGREEMENT by mutual consent and in writing for two (2) additional TGIF Concerts in the Parks concert seasons, as those dates may be defined (i.e. 2020 season and 2021 season), by giving written notice of such renewal to the other party no sooner than one hundred eighty (180) days following the end date of the current AGREEMENT, requesting an additional season term period. 3.3 Hours of Operation. The CITY shall allow the VENDOR use of the Premises for a period of six (6) hours, from 3:00 p.m. until 9:00 p.m., on the dates of 2019 TGIF Concerts in the Parks events. These dates are the nine (9) consecutive Fridays from June 21, 2019 through August 16, 2019. The VENDOR shall remove all related equipment, materials and vehicles belonging to VENDOR by 9:00 p.m. on these dates. Page 1 of 14 4.0 AGREEMENT CONSIDERATION 4.1 Consideration Subject to the Provisions of Section 11.0. VENDOR shall pay the CITY a flat fee of $85 per concert for each of the nine concerts comprising the 2019 TGIF Concerts in the Parks season, amounting to a total of $765. Payment shall be in one installment, receivable and in accordance with the following payment schedule: Payment in full will be due on Friday, June 14 by 5 p.m. by check, either mailed or hand delivered to: Library & Cultural Arts Administration 1775 Dove Lane Carlsbad, CA 92011 City reserves the right to not renew or enter into future contracts with vendors who do not adhere to the above annual payment schedule. 5.0 OBLIGATIONS 5.1 Obligations of the CITY 5.1.1 The CITY shall maintain the Premises, including grounds, parking lots and access ways to the VENDOR's site of operation. 5.1.2 The CITY shall provide access to the onsite trash receptacles and recycle receptacles. The CITY shall provide removal service of trash and recycle materials. 5.2 Obligations of the VENDOR 5.2.1 The VENDOR shall provide mobile food services to the general public as submitted in its proposal of food and beverage menu and prices for the 2019 TGIF Concerts in the Parks. A copy of Vendor's proposal is attached hereto as Exhibit Band incorporated herein. 5.2.2 VENDOR agrees to maintain the hours as set forth in Section 3.3. that best serve the community at TGIF Concerts in the Parks events during the period of use of the Premises set forth in this AGREEMENT. 5.2.3 VENDOR shall provide CITY with a copy of the Articles of Incorporation if vendor is a corporation, or any other document deemed by CITY to be valid proof the signatory(s) of the AGREEMENT have the legal authority to contractually bind VENDOR. 6.0 COMPLIANCE 6.1 VENDOR shall comply with all federal, state, county and local laws, statues, ordinances, rules, and regulations and the orders and decrees of any courts or administrative bodies in any manner affecting performances of activities conducted on the Premises. VENDOR shall display in a prominent location of his/her food truck or booth all required permits and licenses. 7.0 ASSIGNMENT OF CONTRACT/NON-POSSESSORY INTEREST 7.1 Assignment of Agreement. VENDOR shall not assign this AGREEMENT Page 2 of 1d'\ or any part thereof without the prior written consent of the CITY. 7.2 Non-Possessory Interest. VENDOR shall have no permanent or possessory interest in the Premises based upon this AGREEMENT or any activities that VENDOR may conduct on the Premises. 8.0 ASSUMPTION OF RISKS 8.1 VENDOR assumes all loss or damage to VENDOR's property within the Premises, except damage or loss through the sole negligence or intentional misconduct of the CITY. The CITY shall not be liable to VENDOR, or those claiming through the CITY, for injury, death, or property damage occurring at the Premises and arising out of the conduct of VENDOR. 9.0 INDEMNIFICATION 9.1 VENDOR agrees to indemnify, defend, and hold the CITY and CITY's elected officials, officers, employees and agents harmless from and against any and all claims, demands, causes of action, losses, damages, and costs, including all costs of arising out of, or in any manner connected directly or indirectly with any actions or omissions or operations of VENDOR or the VENDOR's agents, employees, contractors, officials, officers, patrons, invitees or representatives on the Premises. With respect to the indemnity and hold harmless provisions of this section, VENDOR shall, upon demand and at its own expense, defend the CITY and its officials, officers, employees and agents, with legal counsel acceptable to the CITY, from and against any and all claims, demands, causes of action, losses, damages, and costs. 10.0 INSURANCE 10.1 VENDOR shall obtain, and during the term of this AGREEMENT shall maintain policies of general liability and property damage insurance (for structure and contents) from an insurance company authorized to do business in the State of California, in an amount not less than two million dollars ($2,000,000), for each occurrence in a form satisfactory to the CITY's Risk Manager. The insurance policy shall provide that the policies shall not be cancelled, terminated, or allowed to expire without thirty (30) day prior written notice to the CITY from the insurance company. VENDOR shall provide certificate of insurance and additional insured endorsement for insurance required pursuant to this section to the satisfaction of the CITY no later than the Effective Date of this AGREEMENT. The CITY shall be named as additionally insured by endorsement on these policies and provided proof of insurance by way of a certificate of insurance with additional insurance endorsement. 10.2 VENDOR shall procure a policy of Worker's Compensation Insurance as required by Labor Code of the State of California, if VENDOR has employees. 11.0 TERMINATION 11.1 If VENDOR is in default in the performance of this AGREEMENT or materially breaches any of its provisions, the CITY at its sole option may terminate this AGREEMENT by giving written notice to VENDOR. On receipt of said notice, VENDOR shall cease immediately all sale operations taking place on the Premises under the Terms of this AGREEMENT. Page3ofl~ 11.2 If the CITY defaults in the performance of the AGREEMENT, or materially breaches any of its provisions, VENDOR at its sole option may terminate this AGREEMENT by giving written notice to the City of Carlsbad. 11.3 Either party may terminate this AGREEMENT, for convenience, without cause, upon sixty (60) days prior written notice to the other party. 12.0 ENTIRE AGREEMENT 12.1 This writing constitutes the entire AGREEMENT between the parties relating to the terms and conditions hereunder. No modification of this AGREEMENT shall be effective unless and until such modification is evidenced by writing signed by all parties. 13.0 GOVERNING LAW; VENUE 13.1 The existence, validity, construction, operation and effect of this AGREEMENT shall be determined in accordance with laws of the State of California. Venue shall be established in the County of San Diego in the event of a dispute between parties. 14.0 NOTICES 14.1 Notices and requests to CITY or VENDOR shall be delivered at the following address served upon CITY or VENDOR or any person hereafter authorized to either in writing and may be delivered personally or by U.S. Postal Service or other delivery services. CITY: CITY Contact: VENDOR: VENDOR Contact: City of Carlsbad 1775 Dove Lane Carlsbad CA 92011 Megan E. Gilby Community Arts Coordinator Phone: 760-602-2081 Email: megan.gilby@carlsbadca.gov The Beaten Berry Ashley Nurse 3052 Industry St., #103 Oceanside, CA 92054 760-672-1456 events@beatenberry.com Page 4 of l~I\ 15.0 AUTHORITY The individual on his/her own behalf or the representative for each party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other party or parties hereto harmless if it is later determined that such authority does not exist. Vendor: +-2)::::: Vendor's Signature Name printed: Ashley Nurse Address: 3052 Industry Street, #103 Oceanside, CA 92054 Email: events@beatenberry.com Phone: (w): 760-672-1456 Fax: N/ A Cell: 760-908-6548 Approved as to Form: CELIA A. BREWER, City Attorney By:_~-~~ Assistant City Attorney lJ/U/JtJ Date City: Library & Cultural Arts Director Signature Date HEATHER PIZZUTO City of Carlsbad, 1200 Carlsbad Village Dr. Carlsbad CA 92008 Email: heather.pizzuto@carlsbadca.gov Phone (w) 760-602-2011 Fax: 760-602-7941 Cell: N/A ATTEST: ( "•LJ"kr BARBARA ENGLESON City Clerk Page 5 of 14 EXHIBIT A Food Vendor locations as determined by City for all TGIF Concerts in the Parks 2019 events. Maps subject to change. Stagecoach Community Park June 21, 28 & July 5, 2019 LEGEND: -WAS!£ UANAC£MENr CARS CAR NO I. 2 .t J • : : ~ :~ow~.Jr'rfRs -PORTAL!TS -STAG£ -STORM ORA'NS [TI rooo -s r.J Fflif/'iOS Of JH( ARTS LI ll£RCH,1110t5£ 0 f'IJl'J.YCPE/'iSMllOS [I] CU:C '/RICITY (1] FrlST Al(). lisf'O ,t SlCVRlrr [!] SCUH!I E>IGINEfR (I] FR££ SPCECH ZON! [I] TGIF CONCERTS IN THE PARKS STAGECOACH PARK 2019 Page 6 of 14 EXHIBIT A (cont.) Poinsettia Park July 12 & 19, 2019 LEGEND: - WASI!: tJANACCMf.Hr CARS CARS I, 1"' J A-J lilASH~ -B -2 l/£CYCI.E -P(NITALHS -STACC -SIO'!tJ 0/IA!.'IS ID FOOD '91!/0RS (1] FR1£fM[~ARTS 0 F~YCPEH snoos [!) £L.£CTII/OTY [I) FIRST IJO, INFO 1,; SECURITY [!) SOU\'D l.NGl~WI [I] OCFU/Rll.LA lO'! S>l[D I!) Fllf£ SP£COI l~ II) OTY BOOTH Page 7 of 14 EXHIBIT A (cont.) Calavera Hills Community Pa rk July 26 & Aug. 2, 2019 LEGEND: A'J.S1c 1,1AJIACEW£NT CARS CJ.HS I, 2 4c J - A -J ii?~Sti OVVPSi!IIS 8 -2 R~CYCLI: OUwPSrcRS -PORTAJ.ETS -mCE -Sl'll/1.\IORJ.:,'I [!) '000 ';!Nl>O?S 0 FR,f..VDS Of Tr[ /.HTS 0 AV Y OP:!-1 Si<JOIOS Mf.RCH/c',f)<SE. (TI fJECTRJCITY II) Arm-,1,10, ~;:o k S£WIIITY [I) SOUND FJ<CiNEf.R IZ] fRff. 51':.E.CH ZCW! [1] c,rr eoor .. TGIF CONCERTS IN THE PARKS CALAVERA HILLS PARK 2019 Page 8 of 14 EXHIBIT A (cont.) Alga Norte Community Park Aug. 9 & 16, 2019 LEGEND: WASTE MANAGEMENT ORS CAA NO. 1, 2, & J A -J TRASH DUMPSTERS -B -2 R£CYCL£ DUMPSTERS -PORTAL£TS -STACE -STORM DRAINS OJ FOOO VfNOORS ,.,-, FRIE.NOS OF TH£ ARTS L.LJ M£RCHANOIS£ Q] FAMILY OP£.N SitJDIOS [I) EL£C TRIC, TY I}) FIRST AIO, INFO ct SECURITY [§] SOUND £NCINffR II] FREE SPEECH ZONE [ID CITY BOOTH ~\f>- DOG PARK CLOSES AT J P.IJ. o\~s~ \' TGIF CONCERTS IN THE PARKS ALGA NORTE PARK 2019 Page 9 of 14 EXHIBIT B The Beaten Berry, LLC 3052 Industry st #103, Oceanside, CA 92054 760.672.1456 Proposal to be a food vendor for The City of Carlsbad's 2019 TGIF Series Qualifications Although 2018 was our first year in business we were able t o achieve great success in many large scale events in the SD County Area. We participated in the Vista Strawberry festival of over 90k people, we participated in multiple expos at the Del Mar Fairgrounds where we were t he ONLY food vendor for more than Sk people. We were given the opportunity to partner with the Carlsbad Athletics Club and CA Sta t e Pa rks to become the ONLY licensed food vendor for Tamarack State beac h and all volleyball tournaments and surf contests at these beaches. We have cat ered la rge sca le events of serving over lk people in less t han 3 hours. We participate in many school and church fundraisers where we are always the biggest hit of all food choices on ca mpus. We have also participated in Sks, half ma rathons, triathlons, bike races and many othe r events that require a fast paced service. Last year we participated in all of t he City of Oceanside concert series, as well as their 3rd of July Firework show. Environmentally Conscious We are a very unique food t ruck in that we are exceptionally clea n, to the point where maintenance at multipl e events have come up to comment on how we are the clea nest truck t hey have ever seen at an event. We are a no trash/ no plastic truck, all of our disposa bles {bowls, cups, lids, straws, spoons, napkins) are fully compostable and made of corn . A majority of our produce comes from local Elementary School Gardens and the money we spend on t heir produce goes 100% back into their ga rden educat ion program. Page 10 of 14 Fun Vibe Our mission is to make eating hea lthy attractive and fun. All of our food and drinks are vibrant in color, large portions and delicious. All ingredients are organic and local. People LOVE our music themed, emoji- like logo, which fits in perfectly with the concert series. We provide free temporary tattoos and stickers of our logos at events for the kids. People in Carlsbad call us "The New School Ice Cream Man" ... we serve "superfood that tastes like a treat." Vendor Info The Beaten Berry, LLC Business address 3052 Industry St #103, Oceanside, CA 92054 Physical Address ofTruck and Commisary: 3800 Oceanic Dr #118, Oceanside, CA 92056 Business Phone 760-672-1456 Owner: Ashley Nurse Ema il: events@beatenberry.com Phone: 760-908-6548 Health Permit# DEH2017-FFMP-001231, Status CURRENT exp12/31/2019 Specifications Truck dims 21' x 6.5" Menu and Pricing 5 Options of Aca i Bowls: Large 24oz $11 / Sma ll 16oz $9 / Kids size 12oz $6 2 flavors of superfood popsicles $3 Hot Coffee $3 Cold Brewed Coffee: Large 24oz $6/ Small 16oz $4 Electric Pitaya Lemonade: Large 24oz $6/ Small 16oz $4 Smoothie $7 2 Daily Cold Pressed Juices $7 2 Flavors Kombucha on Tap $5 Best place to see pictures of our menu items is on our instagram @beatenberry Page 11 of 14 References Holli Vanderslice (Owner of our community kitchen and also the lady who runs the garden at South O Elementary where we purchase much of our produce, and who helps run all of South O's events that we are always a sponsor and participant of.} Phone 760-200-7137 Corinna Goodwin (the lady who runs the Palmquist Elementary garden where we purchase much of our produce, she also put on their school carnivals and is the cross country coach to MLK that we are now the sponsors for. She has also had us participate in events held at OHS and at the South O monthly walkabouts. Phone 760-805-8407 Brittnee Gilson (Event Coordinator for Aloha SK, SD Beach and Bay Half Marathon, Awesome 80's Run, Dia de las Muertos Run-All of which we participated in) Phone 503-998-4691 Tina Medina (Program Officer at USD and hired us for a private catering event of 200 Students} Phone 760-271-9323 Eileen Turk (Events coordinator for City of Oceanside} Email: eileenalohnerturk@gmail.com Kellie Dooley (Owner and Coordinator of Queen Bee Market, held as an expo at the Del Mar Fairgrounds 2x a year, that we participated in last year and will be doing both shows this year as the ONLY food vendor} Phone: 760-533-1662 Dennis Shay (Coordinator for Carlsbad Beach Services} Phone: 760-419-3637 If you need any more please let us know, we have a GREAT standing relationship with every one of our partners!!! Closing I, the owner, have personally attended almost all of the past TGIF events with my husband, 4 kids, friends and extended family for many years. I know the clientele and since opening The Beaten Berry people who know me tell me all the time at these events, "you have to be here next year, this place needs you!" You have such a great fun family friendly vibe-let's try something NEW, something different than the typical ice cream, hot dogs and pizza. We can help set you apart! Many of my friends don't drink and have told me how much they would appreciate having our kombucha on tap at these events, where they can participate in the socialization amongst a dance floor of people enjoying their wine and beer. Help us reeducate the younger generation in what a "treat" is, let us have an impact on "treating them" to something that is actually healthy and wholesome! We look forward to partnering with you :) Page 12 of 14 EXHIBITC TGIF FOOD VENDOR SCOPE OF WORK CITY shall provide food service access restricted to five (5) or less selected food vendors at nine (9) TGIF Concerts in the Parks 2019 for the purpose of providing concertgoers with onsite commercial food services; dates of services are presented in Exhibit D, TGIF Concerts in the Parks Schedule. • The Beaten Berry , VENDOR shall conduct commercial food service business at all nine (9) TGIF Concerts in the Parks at each concert's specific locations, with dates from June 21 through August 16, 2019 as presented in Exhibit D. • VENDOR shall use the site specifically designated for VENDOR at each concert location. • Food service will consist of a menu of Acai Bowls, popsicles, coffee, lemonade, juices. Kombucha , menu and price as negotiated with the CITY and presented in Exhibit E. • VENDOR will arrive on-site by 3:15 p.m. on each event date. VENDOR may commence sales at 4 p.m., and must begin sales by 5 p.m. and must conclude all operations by 8 p.m. VENDOR shall vacate concert premises by 9 p.m. • If VENDOR is conducting service from vehicle (i.e. food truck), VENDOR must be on site and placed by event staff by 3:00 p.m. • VENDOR shall operate the commercial food service business from a self-contained truck, trailer, cart or mobile booth provided by the VENDOR. VENDOR is responsible for all food service staffing needs to support sales and distribution. • VENDOR is responsible for all operational costs, including, but not limited to, inventory costs, sale/delivery of products, labor, paper products, cleaning supplies, permits and additional miscellaneous expenses. • VENDOR shall have self-sufficient means of power and water adequate to any on-site food preparation requirements. VENDOR shall not dispose of any grease, oil or other materials related to food service on any city property. • VENDOR shall maintain and conduct all requirements with regard to taxes, licenses, insurance and fees applicable for food service operations in the City of Carlsbad. • VENDOR shall obtain and display all health permits and certifications applicable to food service operations as required by the San Diego County Department of Environmental Health. VENDOR shall adhere to all additional regulations regarding mobile food service operations required by the San Diego County Department of Environmental Health. • CITY shall provide VENDOR with trash and recycling receptacles and services during each TGIF event. • CITY shall provide VENDOR on-site parking permit for one (1) vehicle per VENDOR for transportation of equipment. Parking permits are for business purposes only and cannot be transferred to non-vendor staff. Page 13 of 14 EXHIBIT D TGIF CONCERTS IN THE PARKS SCHEDULE 2019 STAGECOACH COMMUNITY PARK 3420 Camino de los Caches, Carlsbad CA 92009 June 21 June 28 July 5 POINSETTIA COMMUNITY PARK 6600 Hidden Valley Road, Carlsbad CA 92011 July 12 July 19 CALAVERA HILLS COMMUNITY PARK 2997 Glasgow Drive, Carlsbad CA 92010 July 26 August 2 ALGA NORTE COMMUNITY PARK 6565 Alicante Road, Carlsbad CA 92009 August 9 August 16 Page 14 of 14 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 6/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nick Schwabenland NAME: Craft Guard Insurance Services r.~~>N,.t c .... 760-814-0020 I FAX IA/C Nol: 844-960-5600 1930 S COAST HWY STE 200 ~~D~~ss: info@craftguardinsurance.com INSURER(S) AFFORDING COVERAGE NAIC# OCEANSIDE CA 92054-6455 INSURER A: Western World Insurance Company 26522 INSURED INSURERS: The Beaten Berry LLC INSURERC: 3742 Kelton Dr INSURER D: INSURER E: Oceanside CA 92056-6312 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LTR ,.,.,n .... ~ POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f--~ CLAIMS-MADE [R] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence l $ 100,000 f-- f--MED EXP (Any one person) $ 5,000 A y NPP8617919 07-15-2019 07-15-2020 PERSONAL & ADV INJURY $ 1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ POLICY □ r:& □LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident! - ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accidenl) $ --HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident! $ -- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I ~ffTUTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad, (or if applicable -the City of Carlsbad Redevelopment Agency, Housing Authority or Carlsbad Municipal Water District) its officials, employees and volunteers are named as an additional insured with respect to liability arising out of activities performed by or on behalf of the Named Insured (General Liability only). The full limits available to the named insured shall also be available and applicable to the City as an additional insured. CERTIFICATE HOLDER CANCELLATION City of Carlsbad, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Library & Cultural Arts Department 1635 Faraday Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 E: Megan.gilby@carlsbadca.gov AUTHORIZED REPRESENTATIVE a.if;;i_;__ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD This Endorsement Modifies Your Policy. Please Read H Carefully. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT OR A CONSTRUCTION AGREEMENT WITH YOU FOR YOUR ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who is an Insured is amended to include as an additional insured any owner. leSSee or contractor for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy_ Such person or organization is an additional insured only with respect to llal:>lllty arising out of your ongoing operations performed for that insured_ "-person's or organization's status as an insured under thlS endorsement ends when your operations for mat insured are completed or at the expiration of this policy, whichever occurs first. a. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This insurance does not apply to: a_ ·Bodily Injury-. •property aamage· or •personal and advertising Injury-arising out of the rendering of or the failure to render, any professional architectural, engineering or surveying services, including: 1 _ The preparing, approving, or talllng to prepare or approve, maps, shop drawings. opinions, reports, surveys. tlelCJ orders, change orders or drawings and specifications;or 2_ Supervisory, inspection, architectural or engineering activities_ b_ Claims, •sutts"' and/or damages arising out of the acts, omissions and/or negligence of the additional insured(s)_ c_ •Bodily injury-or •property damage• occurring after: 1 _ Al work. including materials. pans or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on Dehalt of the additional insured(s) at the sne of the covered operations haS Deen completed; or 2_ That portion of '"your work. out of which the injury or damage anses has Deen put to ltS intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a pan of the same project_ C. Primary and Noncontributory Provision The insurance afforded to the additional insured will be Pnrnary Insurance and Noncontributory, but only if such aaIms. ·suns-and/or damages anse out of the sole negligence of the Named Insured_ D. Waiver of SUbrogation Provision The nanster of Rights of Recovery Against Others To us Condition csecuon IV -COMMERCIAL GENERAL LIABILITY CONDITIONS) IS amenoea Dy me aaamon Of me tOIIOWlng: We waive any right of recovery we may nave against those who are added as additional insureds by this endorsement because of payments we make for injury or damage arising out of your ongoing operations performed under a contract with them_ This waiver applles only when you are SOieiy negligent_ ThlS watver Shall not apply to aauns. -suas• and/or damages arising in whole or in part out of the acts, omissions, and/or negligence of those added as additional insureds by this endorsement_ WW433A (0811C) ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDIJIYYYY) ~ 6/7/201~ TttlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsementlsl. PRODUCER CONTACT GEICO GEICO NAIi,:: One GEICO Boulevard PHONE I FAX Fredericksburg, VA 22412 INC, No. ,:wtt: 1-866-509-9444 IAII"' ...,.,_ Email Address: R1COMMEND@GEICO.COM INSURER(S) AFFORDING COVERAGE NAIC• INSURER A. GOVERNMENT EMPLOYEES INSURANCE COMPANY 22063 INSURED INSURERS THE BEATEN BERRY, LLC INSURERC 3052 INCUSTRY ST STE 1C3 INSURER D OCEANS ICE, CA s2054~4858 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUM:NT 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 ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMIODIYYYYI IMMIDOIYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE □ OCCUR DAMAGE TO RENTED $ PREMISES !Ea ~rurrencel MED EXP (Any one per.;on) $ -PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ H 7 PRO-LOC PRODUCTS -COMP/OP AGG. $ POI.ICY~~ JECT I ·~- OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ soo,ooc /Ea accident! ---- A ANY AUTO X ~:□0160473 o: 6/2~/20'.8 6/2s/201 ~ BODILY INJURY (Per person) $ ,__ -OWNED X SCHEDULED X BODILY INJURY (Per accident) $ ALITOS ONLY AUTOS --HIRED NON-OWNED X PROPERTY DAMAGE $ ALITOS ONLY ALITOS ONLY (Per accident) ~ - $ UMBRELLA LlA8 H OCCUR EACH OCCURRENCE $ ,__ EXCESS LIAS CLAIMS-MADE AGGREGATE $ DEDI I RETENTION $ $ WORKERS' COMPENSATION IPER I IOTH- AND EMPLOYERS' LIA8ILITY Y/N STATUTE ER ~ PROPRIETOR/ PARTNER/ EXECUTIVE □ N/A EL EACH ACCIDENT $ OFFICER/MEMBER EXCWDED? $ (Mandatory In NH) EL DISEASE -EA EMPLOYEE If yes, describe under E L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 FARADAY AVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CARLSBAD, CA 92008-7314 AUTflORIZED REPRESENTATIVE v~JI,, 7LJna4- © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD25(2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Ashley Nurse Owner I, _______________ , am the _______________ _ of [insert name] The Beaten Berry ---------------[ name of company] [title] The Beaten Berry I hereby certify that __________ _ [name of company] has no employees and is not required by law to maintain workers' compensation or employers' The Beaten Berry liability insurance. Should _________________ employ any person [name of company] TGIF Concerts in the Park during the term of the Agreement with the City of Carlsbad for ___________ _ food vendor for public event. [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. The Beaten Berry [Title and name of company or corporation]