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YouSchool; 2016-10-27;
• AMENDMENT NO. 3 TO EXTEND THE AGREEMENT FOR PROFESSIONAL SERVICES YOUSCHOOLUSACOR~ This Amendment No. 3 is entered into and effective as of the &1:>t: day of ~LAV\sz, , 20.fi_, extending the agreement dated October 27, 2016, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and YouSchool USA Corp., a California 501 (c)(3) corporation, ("Contractor") (collectively, the "Parties") for professional services experienced in youth education, training, and communication. RECITALS A. On November 27, 2017, the Parties executed Amendment No. 1 to the Agreement to provide professional services experienced in youth education, training, and communication; and B. On October 9, 2018, the Parties executed Amendment No. 2 to the Agreement to provide professional services experienced in youth education, training, and communication; and C. The Parties desire to extend the Agreement for a period of one ( 1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one ( 1) year ending on June 30, 2020. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. The City will pay the Contractor for all on a time and materials basis not to exceed forty-five thousand dollars ($45,000). 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 J. The individuals executing this Amendment and the instruments referenced on =>ehalf of Contractor each reoresent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR YO USC HOOL USA CORP., a California 501 (c)(3) corporation 8y: (print name/titld) By: / i;;: I I I ..... - ~·. / (st{here) (print name/dtle) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: 'Jl;. ll-~L w--;:, BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY~<C." -Assistant City Attorney City Attorney Approved Version 1/30/13 2 J . ...........__ ACORd CERTIFICATE OF LIABILITY INSURANCE MfflllllllJ(lfY'IY 08/17/2018 THIS CERTIF1CATE IS ISSUED AS A IIATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFRRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCtES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE1WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERllFICATE HOLDER. t .i JMPORTANT: If die certfflcale llokler Is _, AODmONAL INSURED, the pollcy(ias) must baYe ADDITIONAL INSURED provisions or ba endonled. i If SU8ROGATIOM IS WAIVED, subject to the tanna BIid condltlons of the policy, certain polldn miay requn an endorsement. A atawment on f this certlflGate doelS not confw rialm to the certificale holder In lieu of such• a). ~ ~·--KevlnKuwae StateFann . .-(310} 516,.3900 l ~ -~ (310) 516-3994 A. Kevin Kuwae lnsunmce Agency. Inc ~ ke\lin@kevinkuwae.com 18533 S Vlle&tem Avenue AFf'OfllllNG COVERAGE !WC# Gardena CA 90248 -~~ ~: State Farm Geoeral Insurance Company __ 25151 --------·----------_!flSU'.U!R a : -·---------· ------·-·- INSUIIStC: YouSc:hool Inc -..-o: i 655GStSteB ~E: ___ i 6anDiego CA 92101-7039 -F: 1 COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 8EEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY P€Rf00 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AIN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRl8ED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONOITIOIIIS OF SUCH POLICIES. LIMITS SHOIMi MAY HAVE BEEN REDUCED BY PAID CLAIMS. ·~r--r<"-~ -•S<-T, -· ... -·· l'OUCYff+ PO.£TEXI' I .. ·-- 'M'E OF lNSURA/IICE 1'01.JCYIII-I.NTS [& ~GENERALUAal.llY ' EACH OCOJRRENCE l' 1.000,000 ===::J aAIUS-MACE IX] OCC\JA \-~~~---+' 300,000 - A ci , ... EOEXl'!Anl'-~). ; s 5.000 I y N 92-EP.J022.7 09/1tv.2018 09/16/2019 PERSONAL&AOVINJURY is 1,000,000 ~ -N'l~TE LIMIT APPLIES PER: ~G&IEAAL AGGREGATE :, 2,000.000 POLICY [J ~ □ LOC ; PROOUCTS-~PKJPAGG. $ 2,000.000 -····-~----· i l OTHER-$ !AlmlMOaEUAMJTY I y I N i 92-EP.J022-7 ! 09/16/2018 09f16l2019 ~~~uurr_ s 1,000,000 hp,J,('(IIIJTO : I SOOILY IHJORY (Pet persanj $ ·-~CMNED ~SOErMEO t--·-~--~----·~----·-. -•+ ·--·-~------~---·· -----A 800ll y INJl)RY (Par aa:idenl) $ : (~~ONlY IIIJTOS PROPERTYIJIUIAGE --. -r· -•,-----•-•-:,l\!Olll-OllltED $ /-i AUTOSONLY ; • AUTOS ONLY ..(at_•,1;14'!1:11.L. _ _ •--·-·-·· .. ·--·- I ' s -:..~. H=~~ l EACH OCCURRENCE is I AGGREGATE ! $ oeo I I Rl'TENflnN ~ . l s ,-~-I l~r,.,...., i i j?JH- I AND ll!WLOYl!RS UAMJTY Y/H --··••+-·•- ANY ~ □ NIA, I i ELEACHACClOENT s •OFF~ EXCWOOU! ,.......,11\Nff) I .E.L DISEASE· EA_EMPI.OY£E s ____ ._ ___ 111-.-..-E.l. DISEASE· POLICY UMIT j 5 ---~ . ·----·- OF OPERATIONS....._ I i ' i ' i [ ! I '. Dl!SCRIP110flOFOPERAll0MIILOCATIONIIVIHICU$ (ACOlll)tlf,~-._., ___ ._.,... .. __, The City of cartsbad is listed as an addllional lmMnld on thiS polk:y. CERTIFICATE HOLDER CANCELLATION SHOULD MY OF TH£ A80Y£ DESCRIIIED POI.ICES 8E CANCEUED BEFORE TH£ IIXPIRATION DATE THER£QF, NOTICE WILL BE DELMRED IN ACCORDANCE WITH ntE POUCY PROWll0NS. City of Carlsbad 1200 Carlsbad VIiiage Drive ~HT~ Carlsbad CA 92008-1949 ' 01988-2015 ACORD CORPORA 110N. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered mam of ACORD 1001.«18 132&111. 12 CD-16-2018 Policy No. 9~·:-EP-,Jo22-·7 CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED-OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92-EP-J022-7 Named Insured: YOUSCHOOL INC 655 G ST STE B SAN DIEGO CA Name And Address Of Additional Insured Person Or Organization: The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 1. SECTION II -WHO IS AN INSURED of SECTION II -LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury·, "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products -Completed Operations "Your work" performed for that additional insured and included in the "products- completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law, b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. C>. Copyright, Slate Fann Mutual Automobile Insurance Co111>3ny, 2013 Includes copyrighted material of Insurance Services Office, Inc., with ~s permission. CONTINUED RATIFICATION OF AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR PROFESSIONAL SERVICES THE YOUSCHOOL ~atification of Amendment No. 2 is entered into as of the CJ·-f::h day of · ~ , 2018, but effective as of the 1st day of .J!d!.¼ 2018, extending the agreement dated October 27, 2016 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and The YouSchool, ("Contractor'') (collectively, the "Parties") for professional services experienced in youth education, training and communication. RECITALS A. On November 27, 2017, the Parties executed Amendment No.1 to the Agreement to provide professional services experienced in youth education, training and communication; and B. The Agreement, as amended from time to time expired on June 30, 2018 and Contractor continued to work on the services specified therein without the benefit of an agreement; and D. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 30, 2019. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City will pay Contractor for all time and materials not-to- exceed forty-five thousand dollars ($45,000). 4. 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. /II /II City Attorney Approved Version 1 /30/13 CHl!1.SOOD HHS '18 SEP '12 5. 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 By: -ign h e) c::1~~~1~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ~-~ City Manager or~ Director ATTEST: \ bG.¼. r2rlL ~ . BARBARA ENGLESON ~ityClerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By )()2) ~ :r Assistanttitef Aorn City Attorney Approved Version 1/30/13 2 A~RD• CERTIFICATE OF LIABILITY INSURANCE I DAlEIMlll0DIYYYYJ 08/17"!018 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 ADDmONAL INSURED, the pollcy(las) must have ADDmONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the pollcy, certain pollcles may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endonament(s) . PRODUCER ...,,.r~T Kevin Kuwae ~---StateFarm -~..bl!: (310} 516-3900 If~ No" (310) 516-3994 &,. Kevin Kuwae Insurance Agency, Inc ~~: kevin@kevinkuwae.com 18533 S IJl/estem Avenue INSURERISI AFFORDING COVERAGE NAIC# Gardena CA 90248 NSURER A: State Fann General Insurance Company 25151 ------ INSURED INSURl!RB: IIISURERC: YouSchoollnc INSURERD: 655GSI SteB INSURl!RI!: San Diego CA 92101-7039 l~SU-DF• 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. NOlWITHSTANDING 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. IN~l-·-·-~ ADDL --.... 7iOi:lcYEFF ~-~• EXP TYPE OF INSURANCE ioua~ i~~ POI.ICY NUMIIER UMITS ~----~ EACH OCCURRENCE Is 1,000,000 CVJMs-MADE [XI OCCUR ; PREMISE~'[{.';;,.,~, , s 300,000 I 5,000 \ MEO EXP (Any one p,non) :s A y N 92-EP-J022-7 09/1612018 09116/2019 PERSONAL & M:JV INJURY s 1,000.000 zf LAGGREOATE LIMIT APPLIES PER: I i GENERAL AGGREGATE s 2,000,000 POLICY D ~ D LOC: ! PRODUCTS -COMP/OP AGG s 2,000,000 OTHER: s AUlOMOIIII.E LIABILITY y N I 92-EP.J022-7 09/1B/2018 09/16/2019 ~~~flNGLE LIMIT s 1,000,000 !/WfAUTO BODILY INJURY (Per penon) s A -· ClV\tED ~=e•rn ----. ··-··---· AUTOS ONLY AUTOS BODILY INJURY (Per ecadent) S r-HIRED NON-O'Mft:D . PROPERTY DAMAGE-. --·-·--·--· AUTOS ONLY AUTOS ONLY I (Per a;cldenlJ. s . '""~ --~ ·--~-----s UIIIIIRELLA UAB HOCCUR EACH OCCURRENCE Is -l!XCUS L1AB ~LAIM5-MAOE AGGREGATE s OED I I RETENTION s I $ WORKERS~llON I :-r~TUTE I I ~H-ANO !Ml'LOYl!RS" UAmUTY ------·-···-· YIN I i ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ Of'FICER/MEMBER EXCLUOEO? NIA (Mllndato,y In NH) _g._.Ql_SEASE _-EA EMPLOYEE S ~~~OPERATIONSbalow E L DISEASE -POLICY LIMIT I I I D1!8CRIP110N OF OPERATIONS I LOCATION8 / VEHICLE$ (ACORD 101, A-I R11111rk1 llo-ule, ,.,., be allacllecl If morw apaco 11 rwqullwd) The City of Carlsbad iS listed as an addltlonal lnsl.l"ed on this pollcy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCEUED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad 1200 Carlsbad Village Drive AU~NT~ Garisbad CA 92008-1949 I @ 1988-201 S ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001-488 132849.12 03-16-2016 Policy No. 92-EP-J022-7 CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92-EP-J022-7 Named Insured: YOUSCHOOL INC 655 G ST STE B SAN DIEGO CA Name And Address Of Additional Insured Person Or Organization: The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 1. SECTION II -WHO IS AN INSURED of SECTION II -LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products -Completed Operations "Your work" performed for that additional insured and included in the "products- completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. ©. Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II -LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II -GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II - LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II -LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II - COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007033 148011 08-21-2014 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I Scott Schimmel am the '-------------~ -----------------President [insert name] [title] of YouSchool, Inc . I hereby certify that __ Yo_u_S_c_h_oo_l_, _ln_c _______ _ [name of company} [name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should __ Yi_o_uS_c_h_o_o_l,_l_nc __________ employ any person during the tenn [name of company} of the Agreement with the City of Carlsbad for Carlsbad Student Leader Academy [description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. Scott Schimmel [Name] President, YouSchool, Inc [Title and name of company or corporation] 06/15/2006 25 AMENDMENT N0.1 TO EXTEND THE AGREEMENT FOR PROFESSIONAL SERVICES THE YOUSCHOOL This Amendment No.1 is entered into and effective as of the lf da of nc\, l:-:\2 n:bo [' , 2017, extending the agreement dated --=o.-,·=-<--1-''"--- (tWAgreement") by and between the City of Carlsbad, a municipal corporation, ("City' , and The YouSchool, ("Contractor") (collectively, the "Parties") for professional services experienced in youth education, training and communication. RECITALS A On September 1, 2017 the Parties executed Amendment No. 1 to the Agreement to; and 8. The Parties desire to extend the Agreement for a period of 1 year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of 1 year ending on June 30, 2018. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. City will pay Contractor for all work on a time and materials basis not-to-exceed forty-five thousand dollars ($45,000). 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 5. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR By: By: (sign here) vr~5,'J~t (PRESIDENT /title) (CFO/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: \d1 /)'Y\a,,<1-Km zd~ ~ BARBARA ENGLESON z; City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY:---"--A~uf-=--~--Assistant City Attorney City Attorney Approved Version 1/30/13 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DDIYYYY) ~ 10/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Kevin Kuwae NAME: State Farm ~Ntfo "•"· 310.516.3900 I FAX 310.516.3994 A .. (A/C Nol: Kevin Kuwae Insurance Agency, Inc E-MAIL k · @k · k .AQ!LRJ;SS: evm evm uwae.com 18533 S Western Avenue INSURERIS) AFFORDING COVERAGE NAIC# Gardena CA 90248 INSURER A: State Farm General Insurance Company 25151 INSURED INSURERS: INSURER C: You School Inc INSURERD: 655 G St Ste B INSURERE: San Diego CA 92101-7039 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR 1:Wil%~1 /~ghli~\ lJMITS LTR .. ,~~ I ••nm POLICY NUMBER X : COMMERCIAL GENERAL LIABILITY y N EACH OCCURRENCE 1$ 1,000,000 -~ CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED 92-EP-J022-7 09/16/2017 09/16/2018 J:BEMISES (Ea occurrence\ ;$ 300,000 ~ED EXP (Any one person) 1$ 5,000 ----- A PERSONAL & ADV INJURY 1$ 1,000,000 I----- GEN'L " PER: GENERAL AGGREGATE ; $ 2,000,000 :x POLICY LOC PRODUCTS COMP/OP AGG I $ 2,000,000 I 1$ : OTHER: AUTOMOBILE LIABILITY y N 92-EP-J022-7 09/16/2017 09/16/2018 COMBINED SINGLE LIMIT i $ 1,000,000 ~ I (Ea acci~enP ANY AUTO BODILY INJURY (Per person) j $ ,----OWNED il is~gguLED BODILY INJURY (Per accident) I $ A ~-AUTOS ONLY HIRED ~ NON-OWNED F,ERTY DAMAGE i $ ~-AUTOS ONLY p AUTOSONLY cciden!l 1$ V I UMBRELLA LIAB I EACH OCCURRENCE : rl OCCUR $ I EXCESS LIAB CLAIMS-MADE AGGREGATE 1$ i DED I I RETENTION$ Is jWORKERS COMPENSATION i i ~ffruTE I I ¥~H-i I AND EMPLOYERS' LIABILITY YIN 1$ i ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? E.L DISEASE -EA EMPLOYEd $ 1 (Mandatory in NH) I If yes, describe under ' E.L. DISEASE . POLICY LIMIT I $ DESCRIPTION OF OPERATIONS below I I I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more space is required) The City of Carlsbad is listed as an additional insured on this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of Carlsbad AUTHORIZED REPRESENTATIVE 1200 Carlsbad Village Drive Kevin Kuwae Digitally signed by Kevin Kuwae Carlsbad CA 92008-1949 Date: 2017.10.2616:58:55 -07'00' I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.10 02-22-2016 Policy No. -EP-J022-7 CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED-OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Policy Number: 92-EP-J022-7 Named Insured: YOUSCHOOL INC 655 G ST STE B SAN DIEGO CA SCHEDULE Name And Address Of Additional Insured Person Or Organization: The ; of Carlsbad l200 Carlsbad Vi Drive Carlsbad, CA 92008 1949 1. SECTION II -WHO IS AN INSURED of SECTION II -LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products -Completed Operations "Your work" petiormed for that additional insured and included in the "products- completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, Scott Schimmel , am the President [insert name] [title] of YouSchool, Inc . I hereby certify that YouSchool, Inc [name of company] [name of company] has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should YouSchool, Inc employ any person during the term [name of company] of the Agreement with the City of Carlsbad for _C_a_r_ls_b_a_d_S_t_ud_e_n_t_L_e_ad_e_r_A_c_a_d_e_m_y ______ , [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. Scott Schimmel [Name] President, YouSchool, Inc [Title and name of company or corporation] 06/15/2006 25 AGREEMENT FOR PROFESSIONAL SERVICES THE YOUSCHOOL !? Tti..!_¥GREEMENT is made and entered into as of the c2 r}tfi day of CzI!._ r~ &e , 2016, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and YouSchool, a non-profit organization, ("Contractor"). RECITALS A City requires the professional services of a qualified organization that is experienced in youth education, training and communication. B. Contractor has the necessary experience in providing professional services and advice related to youth development. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 1 year from the date first above written. The City Manager may amend the Agreement to extend it for three additional 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 forty-five thousand dollars ($45,000). 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 forty-five thousand dollars ($45,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1 /15 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. 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 City Attorney Approved Version 4/1/15 2 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. 3. Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. City Attorney Approved Version 4/1/15 3 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 Debbie Fountain Title Housing & Neighborhood Services Director Housing & Neighborhood Department Services City of Carlsbad Address 1200 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. (760) 434-2810 For Contractor Name Scott Schimmel Title President Address 655 G Street, Suite B San Diego, CA 92101 Phone No. (949) 291-9061 Email 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. 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. City Attorney Approved Version 4/1 /15 4 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. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in City Attorney Approved Version 4/1 /15 5 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. 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 By: (the remainder of this page has intentionally been left blank) 6 CITY OF CARLSBAD, a municipal corporation of the State of California KQ1),r1 • .. 1t0rd City Attorney Approved Version 4/1/15 c_ I -b ~ {l) D_r)u_~ J.2.{' fJ,.d r~ ": ,t--·--vd:, ~---w~,-ww, -~-•·•-.--,_._ __ ,_ , ,~----., ,,, -' -+•~·.,,- (sign here) President (print name/title) By: (print name/title) 1-h=cfN!E=f~E~~:J~;,-l)eH,o,( AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] ATTEST: rJILYa~l(l.1lf~=~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. GroupA Chairman, President, or Vice-President Groups Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney City Attorney Approved Version 4/1/15 7 EXHIBIT "A" SCOPE OF SERVICES SCHEDULE OF COSTS The following costs are provided per four-week session for up to 30 students, please note course costs do not decrease if there are less than 30 students attending. Contractor shall submit an invoice for payment at the conclusion of each session. Fall 2016 Session ............................................................... $15,000 Winter 2017 Session ........................................................... $15,000 Spring 2017 Session ........................................................... $15,000 SCOPE OF SERVICES Session One Chapter: Finding You • My Story: students will be guided in personal self-reflection exercises to consider their family and past influences, circumstances, events, and people who impacted their life story to this point • The Outer Me: prompts will guide students to think about their past circumstances shaped how they see themselves today • The Inner Me: probing questions will ask students to search deeply into their heart, looking at what motivates them on a deeper level Session Two Chapter: finding You • My Challenges and Weaknesses: this exercise will invite students to get a clear glimpse about what gets in their way from being who they want to be • My Fears and Failures: students will be prompted to think about the internal memories and mental conclusions about real or make believe fears that hold them back, to find clarity and resolution • My Strengths, Triumphs, and Role Models: students will be asked to think through their unique talents, abilities, and experiences that indicate how they are uniquely wired, and how to organize their life in pursuit of getting stronger Session Three Chapter: Defining You • My Values and Principles: in a simple framework, students will be guided through a series of questions to understand what's most important to them, and how to operationalize their values into actionable steps • My Purpose: students will be given an opportunity to think through their life purpose and define who they are • My Dreams: exercises will prompt students to think creatively about their future Session Four Chapter: Unleashing You • My Next Steps and Building a Life Plan: a simple, memorable framework will give students the foresight to create next steps to move more into the kind of people they want to become • My New Story: students will share their life story as they see it All of our sessions will be facilitated by a licensed YouSchool Guide (Josh Kerkhoff), and include quiet time for self-reflection, peer to peer interaction and feedback, and group discussions. In City Attorney Approved Version 4/1 /15 8 between sessions, students will be asked to share their self-reflection work with a team of life advisors he or she chooses. City Attorney Approved Version 4/1 /15 9 ('Cityof Carlsbad Memorandum September 12, 2016 To: From: Re: Contract Reviewers .,£::·,;J_; Debbie Fountain, Housing & Neighborhood Services Director~ Justification for Sole Source -Servant Leadership Institute & YouSchool As a priority goal for the City Council, a program was developed to train emerging youth leaders through the Carlsbad Student Leader Academy. The program approved by the City Council is specific as to the curriculum to be used and the organizations (The YouSchool and the Servant Leadership Institute) that have partnered with the City to present the Academy to 90 high school students total this year. Therefore, the attached sole source contractor agreements are for trainers/guides from The YouSchool and the Servant Leadership Institute. Attached is the Council approved program and related curriculums, providing the justification for the sole source contracts with The YouSchool and the Servant Leadership Institute. Attachment Community & Economic Development Department Housing and Neighborhood Services 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2810 t Carlsbad Student Leader Academy (CSLA) In creating this new program, the team defined success as being a program where high potential emerging leaders are developed through discovery of their unique purpose and are equipped with the right tools to make a meaningful contribution to the future of Carlsbad. Curriculum Overview: • Self-Discovery: coaching program for teens; designed to help youths grow rapidly in self- awareness, self-confidence and self-direction • Interactive Leadership: focused on helping teens know how to leverage their power and authority to serve others, solve problems, and add value in any context • Presentation of current issues or challenges facing the community (from city government and civic education perspective), followed by practical problem solving skills training and creation of solution-oriented working teams to implement service learning projects that offer relevant, sustainable solutions to community issues. Program Partners: • The Search Institute • The YouSchool • Servant Leadership Institute • Parents • School Staff/Officials • City Staff/Officials • Sponsoring Companies (future partner) Desired Program Outcomes: • Self-Discovery • Leadership Training for Emerging Student Leaders • Well-connected youths who are sharing, growing & thinking • Enhanced understanding of local government & community issues • Development of the next generation of community problem-solvers; service learning projects • Building trusting relationships with civic-minded youths Program Ingredients & Budget • 30 high school age residents of Carlsbad per session; 3 sessions per year • Representation from all high schools serving Carlsbad residents • Proven learning model for teens • Invested stakeholders • Implementation partners • Estimated budget: $115,000 total for 3 sessions per year; pending approval in city's FY 2016-17 budget • Schedule: September -November, 2016 (Fall Session) Council Goals: • Program design was initiated as a result of the Council's Goal in 2015 to "foster the next generation of leaders". Staff researched and developed a team to create the program, design the curriculum, identify partners, establish desired outcomes, and then return to Council for consideration of program approval. • Implementation of the new program is set forth in the 2016 Council Goal for "Education", which is intended to address community needs or desires for Workforce Talent Development Attraction, Civic Education and Life-Long Learning. CARLSBAD STUDENT LEADER ACADEMY Session Overviews YouSchool Session One Chapter: Finding You My Story: students will be guided in personal self-reflection exercises to consider their family and past influences, circumstances, events, and people who impacted their life story to this point The Outer Me: prompts will guide students to think about their past circumstances shaped how they see themselves today The Inner Me: probing questions will ask students to search deeply into their heart, looking at what motivates them on a deeper level Session Two Chapter: Finding You My Challenges and Weaknesses: this exercise will invite students to get a clear glimpse about what gets in their way from being who they want to be My Fears and Failures: students will be prompted to think about the internal memories and mental conclusions about real or make believe fears that hold them back, to find clarity and resolution My Strengths, Triumphs, and Role Models: students will be asked to think through their unique talents, abilities, and experiences that indicate how they are uniquely wired, and how to organize their life in pursuit of getting stronger Session Three Chapter: Defining You My Values and Principles: in a simple framework, students will be guided through a series of questions to understand what's most important to them, and how to operationalize their values into actionable steps My Purpose: students will be given an opportunity to think through their life purpose and define who they are My Dreams: exercises will prompt students to think creatively about their future Session Four Chapter: Unleashing You My Next Steps and Building a Life Plan: a simple, memorable framework will give students the foresight to create next steps to move more into the kind of people they want to become My New Story: students will share their life story as they see it Lead School Session Five: Chapter: Trust and Service -The Foundations of Servant Leadership Review the purpose of the program: Creating servant leaders who can actually change their community and the world. What is a servant leader? What sets them apart? Who do you know that is a servant leader? How important is what we are doing .compared to other things in your life? Review growth mindset -and why ALL leaders must have it. Full Room Discussion on Trust What is trust? Trust In America: Let's talk about it! • http:/1\nvvv .gal !up.com/pol II 18592 7 larnericans-trust-media-remains-historical- low.aspx • https://www.th:guardian.com/commentisfree/2016/j un/2 8/trust-charities-lovv- chari table-vvork-public • http:l/time.com/4124076/survey-americans-trust-governrnent-pew/ Trust: small group discussion How many people do you trust? What does it take to trust someone? When was a time when your trust was broken? How did that feel? Group summary: How important is trust to being a leader? How important is trust to a functional society? Trust: lecture -How do you build trust in a relationship? Nonverbal behaviors of trust • Eye contact -What is good eye contact? • Handshakes -What is a good handshake? • Body Language -What is the body language of trust ( open vs. closed)? Verbal behaviors of trust Being authentic -and volunteering information (10 min.) Sharing information of a deeper nature voluntarily is a marker of trust and confidence. Confidence, literally the ability to confide in others, is one of the markers of a leader. Let's apply this ability. Exercise: Small group discussion • What makes you happy? • What makes you sad? Follow-through principle Follow-through is the key to success in life -keeping your word to yourself and others. How many of you have ever dropped the ball on follow-through when you said you would call your friend back or show up on time somewhere? We all have -but each time we don't follow through, we weaken our word and the trust others have in us. Look at the people in your group. Are you going to follow through on your word to them? You will have an assignment this week to complete outside of this class, and you will need to bring your answers with you next week. Are you going to be the one who didn't think of anything to contribute to the group? Introductions exercise: You must build trust with your group. Introduce yourself to each individual member in your group, and focus on modeling the nonverbal behaviors of trust, including eye contact, a good handshake, and enthusiasm. Serve first: lecture We live in a world where taking is common -and many people are trying to take all they can get. Does this sound familiar? Who is doing this that we see in the media? The mark of the servant leader is that they serve first. It flips everything on its head -when meeting people you think, how can I serve in this situation? You ask, how can I bring value to you? This ultimately will benefit you -if you take a long-term approach. By adding value first you build trust and social capital -allowing you voice asks and have them met. How can you serve first? Discussion on what you can offer to serve or help others. Room discussion: Who are some high-level people you would like to meet or work with in the future? • Do you think you have a chance? (ls there a way?) • How do you actually have a shot at making that leap? • Story of Nick Unsworth and Damon John Role play: Bridge a status gap with service first Assign five members of the class status (via unique cards describing who they are in the game) and allow the others to meet them and add value based on their existing strengths, identified in their YouSchool packets on page 42. Overcome perceived status gaps and build rapport. Each will have two minutes to make a pitch. Then we debrief as a group. Homework: Serve others test Serve first: Go to a family member or friend and simply ask them, "What do you need right now? How can I help?" Resolve to help them in some way. Record what happens and bring that information with you to the next class. MEDIA: Record a 30-second video of their biggest takeaway from tonight and their current moti ,,ation level. Session 6: Chapter: Values, Listening, and Understanding Your Thinking Follow-through review • Who actually completed the task they needed to complete from last week related to serving first? Review what happened. • For those who did not...how does a leader take responsibility when they drop the ball? • Do you think I might sometimes not follow through? : ) Think about your thinking How many of you spend time worrying about things you later realize was totally unnecessary? Part of leadership is using your mind right, and helping others to do the same. Circle of Concern vs. Circle of Influence (from Steven M.R. Covey's Seven Habits) Circle of Concern (larger circle that includes many things outside your control) Reactive people focus their efforts in the Circle of Concern -things over which they have little or no control: the national debt, terrorism, the weather. Circle oflnfluence (smaller circle that includes things you can actually control) Proactive people focus their efforts on their Circle of Influence. They work on the things they can do something about: health, children, work problems. Exercise: Let's discuss these common examples of useless thinking. What should you be doing instead? Getting upset that the coach isn't giving you playing time and complaining to your friends Thinking over whether or not you should actually ask someone you are attracted to to hang out Thinking about how much work is ahead for your homework this week and letting it get you down How can we reframe our thinking in negative situations? Listen to understand Do you talk more than you listen? Can you set aside all distractions and be present for people? Note: A servant leader asks two questions in listening: "Can you tell me more?" and "Please help me understand." Exercise: Being present Too often our mind is wandering rather than being fully present for the people in our lives. That's why we are going to do an exercise that may be uncomfortable for you at first, but will be an amazing experience if you allow it. Partner up with someone in the class. Spend 60 seconds looking at their eyes, with no words exchanged. Switch until you have done this three times. What did you notice during the process? Exercise: Listening deeper We often don't hear all the way to the bottom of an issue; we cut off people with a quick response. A leader listens and asks more questions -so people can find their answers and you can get to the bottom of an issue. Pair up with a partner. Your partner will describe to you the biggest challenge in their life right now. This should last five minutes -uninterrupted. Do not try to fix it! Just listen, then switch. Conclude with a question you ask your partner: What do you actually need to do about this? Follow-through exercise: Each person should, of their own accord, choose one concrete action to take before the next class to resolve the challenge they described to their partner, based on their Circle of Influence. Their partner serves as their accountability buddy. Write it down, and track it for the next class. Everyone has a story People are the way they are for a reason -usually reasons we cannot possibly imagine. If we judge quickly, we miss the opportunity to understand them and build our allies in changing the world. "Be kind, for everyone is fighting a hard battle." -Plato Even Kanye has problems; for him these are REAL problems. Deep down people want to be seen and understood ... As a leader, your job is first to understand, then to motivate and engage based on what you learn. Exercise: Analysis of different character archetypes Example: The low energy person Someone is always negative and making comments that bring down the energy of a group. Why might that be? Maybe their parents always spoke negatively to them and lowered their self- esteem. Maybe they aren't ALWAYS this way, but you just see them at a point in their day when they are tired. You must ask -and then listen! Example: The slow response Someone in the city council you are trying to work with on your projects isn't responding to your team's calls or emails in time for you to take meaningful action. Why? Maybe they are really stressed out with their work due to bigger workload being heaped on them. Maybe they literally aren't getting your emails because of a wrong address! Maybe they are having family problems that are pulling their attention away from their email. You must ask -and then listen! Example: The flake A Friend says they will join your team for a project but then they no-show. Do you say "forget this person" and write them off like all the other people who flaked on you? How do you deal with that situation? You must ask -and then listen! Example: The buzzkill Someone is a joy killer when you and your friends are trying to have a good time at a party or at home. They may deep down feel excluded and not acknowledged. They may have an early workday. You must ask -and then listen! Homework: Recon mission All students must go out and engage with at least three people; ask them what the biggest problems are facing the world right now. Really sit and listen to why people think what they do, and practice the skills we have been learning here. Make a list of at least three problems our world is facing, and bring these with you to the next class. What did you learn from your conversations? Session 7: Chapter: Adding Value and Courageous Leadership Introduction As part of the introduction and welcome, let the students know they are working the problem identification exercise as a preparation for taking on community issues in ServeSchool (3rd phase) What are the problems we have identified? List all the problems identified on a brainstorm easel. Follow-through review in teams With your small team, discuss who actually completed the task from last week related to their recon assignment. If someone didn't complete the assignment: How do you have the conversation with them holding them accountable? The courage to confront This week is about courage. Being a leader isn't easy. It's not comfortable. You want to change the world? You are going to come against every kind of ugliness in yourself and in human beings in general. You are going to see the best and the worst of us --but your job is influence all of us toward the best we can be -and that starts with you. Courage to confront yourself Review weaknesses from the YouSchool book on pages 28 -36. What are your time-wasting behaviors? A short exercise for reflection. You are not here to be everyone's friend all the time. People don't grow from everyone being "nice" all the time. People grow from facing themselves, taking full responsibility and being held accountable. How do you confront people? The sandwich technique: • Acknowledgement first. • Give the criticism. Confirm they understand. • Tell them something positive about themselves. Simulation of giving and receiving tough feedback Exercise: Pair up with a member of your team. Start out with one of you being the leader and one being a team member who failed to complete something they committed to. Switch roles and repeat! Adding value How do great leaders handle taking credit? Steph Curry interviews https://www.youtube.com/watch?v=W1TT4 l Nru64 How can you pump up your team when you have an opportunity to hold the mic? Exercise: Captains acknowledge your teammates in front of the class. It's not about you -take nothing personal People respond to you the way they do usually for reasons that were there long before you met. Dating and relationship dynamics -Based on our past relationships, which affect how we see our current possibilities. Leadership and team dynamics -Based on our past team experiences, which affect how we show up now on a team. Racism/bigotry -it works the same way: one bad experience is often projected onto an entire section of society -and only through good experiences can we help people remove the lenses of separation and fear and have better relationships. When people give you push back ... Get excited! They are showing you their true feelings and you have a chance to create transformation. U This is true in business, in relationships, etc. Customers are upset ... Relationships get tough ... '] Get comfortable in the uncomfortable space. Team Meeting -Each team should choose a Facilitator (leader, a Spokesman, and a Scribe. Discuss the ideas from the easel, chose one idea and determine the goal of the team, the roles in the team and the process they would follow to tackle the problem. The Spokesperson should share what problem the group chose and what would be the team goals, the roles and the process to address the problem. Team should also share at this time what they will carry forward from YouSchool and LeadSchool into Phase 3 as they tackle real life community issues. Conclude last session with an open discussion of what student's feel they have gained so far in the program; what is their feedback? ServeSchool Session 8: A Democratic Republic • The US is a democratic republic, most decision-making and other work of government is accomplished by elected and appointed representatives. • It has been recognized since the founding of our nation that the preservation and healthy functioning of our democracy requires that citizens play an active role in what is ultimately a system of self-government. • If the US is to fulfill its historic mission of being a nation of, by and for the people, dedicated to liberty and justice for all, it is essential that the people take part in their system of self-government. • We have 3 levels or branches of government: National, State, and Local. We will be focusing on local government, but national and state policies, regulations, rules, etc. impact what we do at the local level. • Reflection: Do you think government should make laws regulating the matter, or should people be able to make their own decisions with no intervention from government? Why or Why Not? Local issues: • Banning the use of plastic bags at the grocery store. • Setting the minimum wage for hourly workers. • Regulating the amount of water you use at your home. • Short term rental of home to vacationers. • No smoking in public places. • No smoking in rental, apartment complexes. • Providing affordable housing for low income households. Pure Democracy vs. Democratic Republic Let's think a little bit about the difference between pure democracy and a democratic republic. Do we think it would be better to use modern technologies like the Internet to create a more pure form of democracy in which citizens vote on multiple government decisions, or should we remain a republic in which elected representatives make most of those decisions for us? Exercise: Using Vox Vote, we will use the pure democratic approach to decision making on some hot topics for public policy: • Ban short term vacation rentals • Build a shelter for the homeless. • Limit parking around the high school for residents only; no student parking on public streets What problems can we identify that might make "pure democracy" more difficult from a governance standpoint. Government develops policies which can be laws, rules, regulations, orders, plans or actions that deal with public problems not in the private domain. Local government is responsible for addressing problems or services that have a more direct impact primarily on our city residents; they are issues of local concern more than regional or state concern (although there is cross over in many areas). Public policy is government's response to public issues or challenges. Local government daily work & challenges To learn more about what local government, or city government, does we are going to hear directly from city staff. Each staff member is going to share a challenge with you that is real and part of the day-to-day work of our city. The goal for this part of the academy is for you to each listen to these presentations and discover which one might call to your passions, interests, concerns to work on as a problem-solving exercise and hopefully end with a service learning community project. By the end of the night, I hope to have each of you part of a team to work on developing a solution to the challenge presented to you tonight by our city staff. You choose your challenge! Staff presentations Team development Homework assignment Gather information, research issue, bring some information to next session, bring computers and other tools to help the team develop a solution. Our desired outcome: What is the public policy solution to the selected challenge? Session 9: Working Session -Challenge-to-Solutions Introduction to problem solving, project management, etc. • Identify the problem • Develop alternate policies • Propose public policy • Develop the action plan necessary to implement the public policy Working session for teams; coaches to assist teams on project level basis Develop a project "pitch" for next session. The "project pitch" for the service project is to Serve Tank, a panelist of potential project investors. Make a list of 3 to 5 actions you could take to get your policy implemented by the government or as a service project. Think about how to gain the support of influential people and groups, and how you could get the attention of policymakers and convince them to devote some of their limited time and resources to implement the policy. Session 10: Serve Tank Project Pitches for Service Leaming Projects created to provide solutions to community challenges. • Panel to hear presentations and make an offer of assistance -mentorship, financial resources, internship, community service project support. • Plan to implement the service learning project. • 30 days to implement a project with assistance of investors. Finale: Graduation Ceremony & Program (December 19 th??)-receive certificates, share project summaries; celebrate success (maybe some special awards)!