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HomeMy WebLinkAboutUrban Corps of San Diego; 2021-09-16;City Attorney Approved Version 6/12/181 AGREEMENT FOR CITYWIDE ABANDONED ITEMS/LITTER REMOVAL SERVICES RELATED TO PERSONS EXPERIENCING HOMELESSNESS URBAN CORPS OF SAN DIEGO THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and URBAN CORPS OF SAN DIEGO, a not-for-profit corporation, ("Contractor"). RECITALS A.City requires the professional services of a contractor that is experienced in trashabatement, litter collection and removal services, and encampment cleanups related to homelessness. B.Contractor has the necessary experience in providing professional services and advice related to litter removal. C.Contractor is a quasi-public agency and has submitted a proposal to City affirmingits 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 WORKCity 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 inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of 9 months and 20 days, until June 30, 2022. The City Manager may amend the Agreement to extend it for two (2) additional two-yearperiods or parts thereof. Extensions will be based upon a satisfactory review of Contractor'sperformance, 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.COMPENSATIONA.The total fee payable for the Services to be performed (Exhibit “A”) during the initial 9 monthsand 20 days of this Agreement term is eighty-two thousand and ten dollars ($82,010). Incrementalpayments, if applicable, should be made as outlined in attached Exhibit "A". Contractor’s budget for expenditure of these funds is set forth in Exhibit “B.” DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 16th September City Attorney Approved Version 6/12/182 B.No other compensation for the Services will be allowed except for items covered by subsequentamendments to this Agreement. C.If the City elects to extend the Agreement, the amount shall not exceed ninety-nine thousand, five hundred dollars ($99,500) per Agreement year. D.The City reserves the right to withhold a ten percent (10%) retention until City has acceptedthe work and/or Services specified in Exhibit "A". 6.STATUS OF CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor 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 balanceowing to Contractor. 7.SUBCONTRACTINGContractor 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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment 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 specificallynoted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand 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 orindirectly 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’ DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 City Attorney Approved Version 6/12/183 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.INSURANCEContractor will obtain and maintain for the duration of the Agreement and any and allamendments, insurance against claims for injuries to persons or damage to property which mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier 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 ratingin the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed bythe National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 City Attorney Approved Version 6/12/184 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSEContractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of Cityduring normal business hours to examine, audit, and make transcripts or copies of records andany other documents created pursuant to this Agreement. Contractor will allow inspection of allwork, 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 pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct produced by Contractor or its agents, employees and subcontractors pursuant to thisAgreement will be delivered at once to City. Contractor will have the right to make one (1) copyof the work product for Contractor’s records. 14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in City andContractor relinquishes all claims to the copyrights in favor of City. 15.NOTICESThe name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Holly Nelson Name Kyle Kennedy Title Senior Homeless Program Manager Title CEO Department Housing and Homeless Services Address 3127 Jefferson Street City of Carlsbad DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 City Attorney Approved Version 6/12/185 Address 3096 Harding Street Phone No. 619-235-6884 ext 3114 Carlsbad, CA 92008 Email kkennedy@urbancorps.org Phone No. 760-814-0774 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 INTERESTContractor 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 reportinvestments or interests in all categories. Yes No 17.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment. 19.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure willbe used to resolve any questions of fact or interpretation not otherwise settled by agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactoryto the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. TheCity Manager will consider the facts and solutions recommended by each party and may then optto direct a solution to the problem. In such cases, the action of the City Manager will be bindingupon the parties involved, although nothing in this procedure will prohibit the parties from seekingremedies available to them at law. 20.TERMINATIONIn 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 thetermination. If City decides to abandon or indefinitely postpone the work or services contemplatedby 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 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 X City Attorney Approved Version 6/12/18 6 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 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. DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 City Attorney Approved Version 6/12/18 7 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: Kyle Kennedy/CEO City Manager or Assistant City Manager (print name/title) ATTEST: By: (sign here) Faviola Medina City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ___________________________________ Marissa Kawecki, Deputy City Attorney DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Kyle Kennedy CEO EXHIBIT “A” SCOPE OF SERVICES AND FEE Contractor shall provide the following: A. One (1) supervisor at a rate of $32.50/hour and one (1) corps member at a rate of $22.50/hour for a maximum of 1280 hours/year for each role for citywide abandoned items and litter removal services related to homelessness and other city needs. Contractor staff or “crew” must be able to safely lift up to 50 pounds unassisted. Contractor shall be able to read, write and speak English. Permanent schedule change requests must be submitted to the City with 30 days written notice and must be mutually agreed upon by both parties. B. Three hundred and fifty-four (354) “Large Event/Additional Corps Member Labor” hours are provided for regularly scheduled labor to accommodate for large encampment cleanups, scale abandoned items, litter removal services, or major city events. An additional supervisor may be added to any large event at the discretion of the City in which event total labor hours must be less than ninety (90) hours. C. All personal protective equipment, smart cell phones, vehicles (stake bed with lift gate), traffic control devices, hand tools, (55 gallon) heavy-duty trash bags, and uniforms necessary to complete assigned task. Contractor will adhere to all COVID-19 cleaning protocols, guidelines, and standards when providing cleanup services. D. General labor services will be provided as needed and as determined by the City's Public Works Supervisor, Homeless Outreach Team Sergeants, and City’s Homeless Services Manager. All trash will be disposed of at a site approved by the Contract Manager from the City of Carlsbad. E. Requests for citywide abandoned items and litter removal must be acknowledged within 24 hours and performed within two (2) business days. City staff will triage incoming requests and prioritize issues based on health and safety, size, visibility, and event. Homeless encampments will be evaluated on a case-by-case basis and will follow the current guidance set forth by the Carlsbad Police Department for encampment marking and clean-ups. F. Ensure that all homeless encampment removals will have at least one City of Carlsbad Homeless Outreach Team Officer present. G. Track and record data on the City of Carlsbad’s 1-2-3 Survey App prior to DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 leaving a designated job site. Contractor is responsible for entering all accurate data fields in a timely and accurate manner. Any data quality errors that need correction will be made by the Contractor within 14 days of the request. Contractor agrees to track and record the following data:  Referral source  Location of the service  Photos before/after  Type of service provided: o Litter/trash o Encampment cleanup (active or inactive) o Large abandoned items o Shopping cart retrieval o Power washing o Urination/defecation  Other important identifiers: o Encampment size o Trash type o Volume of litter o Sharps/Needles o Any other helpful descriptors H. Abide by the strategies set forth in the City's Homeless Response Plan and any amendments thereto, which takes a community focused and collaborative approach to addressing the needs of those experiencing or at-risk of homelessness within the City of Carlsbad. I. Submit all billing invoices on a monthly basis no later than the 15th of each month to the City’s Homeless Program Manager starting on October 15, 2021 and ending on July 15, 2022. The invoices shall include the numbers of hours staff worked, the number of additional hours for Large Event/Additional Corps Member Labor required, and fuel expenses. If the balance is $0, an invoice will be created and submitted reflecting that cost. The invoices will be reviewed and verified by City’s Contract Manager. City will pay Contractor for all work performed by the fifteenth of the following month, beginning on November 15, 2021 and ending on August 15, 2022, not to exceed eighty-two thousand and ten dollars ($82,010) for the term of this Agreement. J. Future wage increases associated with this Agreement shall be determined by the San Diego Consumer Price Index, but not to exceed 2.5% per year and per approval of the Agreement administrator. Wage increases must be requested at least 60 days in advance and in writing to City’s designated Agreement administrator. DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 K. Meet as needed with City to review and discuss programmatic needs. L. Operate within the budget set forth in Exhibit “B.” 1. City agrees to provide a monthly stipend of $80 will be paid for the expense of gas. This stipend is included in the contract value, not to exceed $720 per Agreement year. 2. City and Contractor further agree to discuss and mutually determine any necessary changes to the budget during the lifetime of this Agreement. In the event of a mutually agreeable budget modification, Contractor agrees to modify the budget accordingly and attach as an amended Exhibit “B” to be approved by the City. DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Certified Local Conservation Corps & Charter School “Learning, Earning, & Conserving” 3127 Jefferson Street, San Diego, CA 92110: Mailing Address: P.O. Box 80156, San Diego, CA 92138-0156 Telephone (619) 235-6884: Fax (619) 235-5425: www.urbancorpssd.org BOARD OF DIRECTORS TRACEY WILLIAMS, President Former Principal Tax Analyst Sempra Energy BOB BENSON, First Vice President Past President National University International KEVIN A. SCHLEGEL, Second Vice President Program Manager Viasat, INC JAMES (JIM) MADSEN, Treasurer Executive Vice President Loan Administration Guild Mortgage Company CAMILLE GUSTAFSON, Secretary Associate Paul, Plevin, Sullivan, & Connaughton LLP Attorneys At Law LEON BROOKS Principal, Leon Brooks and Associates MARK LEWKOWITZ Senior Vice President Colliers International MATT MANNING Finance Automation Controller Intel Corporation GINO V. MAZZANTI Board Member Ex-Officio Attorney-At-Law INGRID NIELSEN Retired, Commercial Property Manager Nielsen Properties RICHARD BARRERA Board Member Ex-officio Secretary-Treasurer and CEO San Diego-Imperial Counties Labor Council RICHARD J. FREEMAN Board Member Ex-Officio Past President & COO San Diego Padres WIL WILLIAMS Board Member Ex-Officio Retired, Vice President Titan Corporation Kyle Kennedy Chief Executive Officer Urban Corps of San Diego County Resolution Number 04-20 Resolution 04-20 of the BOARD OF DIRECTORS of the Urban Corps of San Diego County confirming: Chief Executive Officer (CEO) Kyle Kennedy, has authority to negotiate, sign, request payments for all contracts and grant agreements, and approve all reports on behalf of the Urban Corps of San Diego County. NOW, THEREFORE, BE IT RESOLVED that the BOARD OF DIRECTORS hereby: PASSED AND ADOPTED Resolution 04-20 authorizing Kyle Kennedy to negotiate, sign, request payment for all contracts and grant agreements, and approve all reports on behalf of the Urban Corps of San Diego County. Ayes: 8 Nays: 0 Absent: 1 I, the undersigned, hereby certify that the Board of Directors duly adopted the foregoing Resolution Number 04-20 on this day September 9, 2020 Signature: Print Name: Tracey Williams Position: President, Urban Corps Board of Directors DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 9/2/2021 CMR Risk & Insurance Services License #0E59760 110 W A Street, Ste. 725 San Diego CA 92101 Elvira Sandoval (619)297-3160 (619)297-3111 esandoval@cmrris.com Urban Corps of San Diego County PO Box 80156 San Diego CA 92138-0156 Philadelphia Indemnity Insurance Co.18058 CL20102217353 A X X X PHPK2197622 10/25/2020 10/25/2021 1,000,000 100,000 5,000 1,000,000 3,000,000 3,000,000 A X PHPK2197622 10/25/2020 10/25/2021 1,000,000 A X X X 10,000 PHUB743448 10/25/2020 10/25/2021 1,000,000 1,000,000 A PROFESSIONAL LIABILITY PHPK2197622 10/25/2020 10/25/2021 Each Professional Incident $1,000,000 Aggregate Limit $3,000,000 RE: Agreement for citywide abandoned items/litter removal services related to persons experiencinghomelessness. Certificate holders additional insured status is provided per the terms and conditions of form PI-GLD-HS(General Liability). Should any of the above listed policies be cancelled before the expiration datethereof, notice will be delivered in accordance with the policy provisions. City of Carlsbad3096 Harding StreetCarlsbad, CA 92008 E Sandoval/ELVIRA The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments – Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments – Bail Bonds $5,000 5 Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7 Additional Insured – Home Care Providers Included 7 Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8 Additional Insured – Vendor Included 8 Additional Insured – Franchisor Included 9 Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury – includes Mental Anguish Included 11 Personal and Advertising Injury – includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury “Bodily injury” or property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client. C. Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in: a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE. b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate “violation(s)” by any insured. b. Criminal Acts Any “violation” which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V – DEFINITIONS is amended to include the following additional definitions: a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.” b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review. c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA. Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment. The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits. Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company K. Key and Lock Replacement – Janitorial Services Client Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II – WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co- “employee” while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source – Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company organization is an insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. h. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors – Only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations l. Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the “occurrence” or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury – Mental Anguish SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: “Bodily injury” means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury – Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows: 1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 PI-GLD-HS (10/11) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Policy: PHPK2197622 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 1 CalRecycle/California Conservation Corps CERTIFICATION REVIEW REPORT Review Period: 2019/2020 Fiscal Year Community Conservation Corps: Urban Corps of San Diego County Executive Director/CEO Kyle Kennedy, Chief Executive Officer Certification Staff Lead: Yolanda Maeder, Senior Operations Manager Date of Visit: December 17, 2020 Report Prepared By: Christie Rochte, Local Corps Analyst Local Community Conservation Corps (LCCC’s) are committed to supporting the youth of California and protecting the environment. This mission became even more important when on March 11, 2020, the World Health Organization declared COVID-19 a Pandemic. Each LCCC was impacted to varying degrees. For some LCCC’s, there was a need to pause and reset while other corps experienced a complete program shutdown of many months. Some corps experienced unprecedented growth as they responded to community emergencies such as manning food banks. Other LCCC’s, while shut down, dispatched staff to work tirelessly to ensure corpsmembers and their families had essential items. The California Conservation Corps applauds Local Community Conservation Corps’ passionate efforts as they faced COVID, racial unrest and financial uncertainty. OVERALL SUMMARY: 1. Does the Community Conservation Corps meet the certification standards for each criterion? Describe any areas of concern or deficiencies. Urban Corps of San Diego County (Urban Corps) meets the certification standards for each criterion outlined in the Community Conservation Corps Manual, Revised August 2018. The California Conservation Corps (CCC) Certification Review Team examined organizational, educational, and programmatic documentation during the week of November 29, 2020, and observed Urban Corps operations on December 17, 2020. Based on the review and site visit, the CCC certifies Urban Corps of San Diego County for the 2021/2022 fiscal year. 2. What are your general comments? Urban Corps continued as one of the largest Local Community Corps’ in California during the 2019/2020 certification period with an average annual corpsmember enrollment of 205.75. UCSDC reported a list of accomplishments for the 2019/2020 fiscal year. Number of corpsmembers graduated from Charter High School Program - 100 Trails restored – 973,170 square feet Brush removed and habitat restored – 240 acres Graffiti removed – 431,270 square feet Trees planted – 2,738 Roofs completed – 37,152 square feet Report Approved By: Hunt Drouin, Program Development Manager Name and Title Signature: __________________________________________________ Date: ___________________ DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05 3/10/2021 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 2 Litter removed – 170,603 lbs. e-waste collected – 972,674 tons CRV recyclables – 48,951 lbs. Waste tires collected – 1,780 This is the second year of findings that there is no functioning education program for corpsmembers with a high school diploma. UCSDC provided documentation that states corpsmembers with a high school diploma must attend college, vocational education, or continuing education classes. Compliance is not checked and UCSDC was unable to supply documentation to substantiate corpsmember participation. Corpsmember Education files provided by UCSDC do not have evidence that corpsmembers are enrolled in career development and/or job readiness classes/activities. For the following criteria, provide a narrative related to each rating. Report on the documentation, review activities conducted, and/or information that justify the mark given in the box. CRITERIA #1 PASS FAIL Recommend Corrective Action Recommend Further Documentation AVERAGE ENROLLMENT: The corps consists of an average annual enrollment of not less than 50 Corpsmembers between 18 and 25 years of age. (PRC § 14507.5[a][5]) x X NARRATIVE RELATED TO RATING: Urban Corps submitted the signed Corpsmember Enrollment Certification Form, certifying that Corpsmembers counted in the average annual enrollment during the review period were between the ages of 18 and 25, enrolled participants in the conservation corps work program by spending at least 30 hours per month participating in training and rigorous work on public projects, and have signed Corpsmember contracts/agreements. The enrollment count was initially submitted as 205.75 on 11/19/2020. Corpsmembers working less than 30 hours per month were counted. The count was resubmitted on 12/4/2020 as 192.92. The Review Team examined payroll records for July 2019 and March 2020 to substantiate the Corpsmember Enrollment Certification Form. UCSDC CCC 11/19/2020 12/4/2020 July 2019 209 204 199 March 2020 172 176 172 Pay records do not reconcile. Urban Corps will need to continue work with the CCC to produce pay journals that include only corpsmembers who meet the criteria. CRITERIA #2 PASS FAIL Recommend Corrective Action Recommend Further Documentation ORGANIZED CREW STRUCTURE: The corps is organized in the form of supervised work crews. (PRC § 14507.5[a][1]) x NARRATIVE RELATED TO RATING: To verify Urban Corps is organized in the form of supervised work crews, the Review Team requested DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 3 copies of supervisors’ daily crew rosters, crew supervisor minimum qualifications and/or job specifications, and one year of training records for crew supervisors. Urban Corps submitted: • Daily crew rosters for multiple crews for the weeks of September 15 – 21, 2019 and March 8 – 14, 2020 with supervisor signature and crew attendance. • Job description for Urban Corps’ crew supervisor positions (Coordinator-Recycling; Coordinator-Environmental; Fleet and Facilities Technician; Green Build Crew Supervisor; Recycling Marketing/Outreach/Admin Sup; and Crew Supervisor), which lists the position summary, principal responsibilities, position requirements and qualifications, and requirements of workplace. • Crew supervisor training records for 2019/2020, which included training in CPR/First Aid, Personal Fall Protection, Inhalation Hazards, Leadership Training, Chainsaw and Sexual Harassment Prevention Training. Reports sent are not filtered for the fiscal year of July 1, 2019 – June 30, 2020. Future reports need to be properly filtered to only include training records for the year in review. Urban Corps’ documentation was complete. CRITERIA #3 and #5 PASS FAIL Recommend Corrective Action Recommend Further Documentation HIRING PRACTICES: Participation shall be for a period of one year and may be extended. (PRC § 14507.5[a][1]) The corps selects young men and women for participation on the basis of motivation for hard work, personal development, and public service, without regard for their prior employment or educational background and consistent with Section 14402. (PRC § 14507.5[a][1]) x NARRATIVE RELATED TO RATING: To verify that Urban Corps’ program is for one year with the possibility of extension, Urban Corps submitted a copy of its Corpsmember handbook (page one) which states the “job training program is approximately one year, based on satisfactory performance, attendance, and how many credits are needed to earn a high school diploma. [Corpsmembers] are given the opportunity to extend their one-year contract with written request.” To verify that Urban Corps is in compliance with the hiring practices stated in PRC § 14507.5[a][1], the Review Team examined documentation related to recruitment, the application process, Equal Employment Opportunity (EEO), and high school diploma status upon entering the program. Urban Corps submitted: • Corpsmember recruitment materials with eligibility information, advertising education and training opportunities. • Job training application to join Urban Corps. • EEO policy information and designated EEO Officer, who is Sandra Lopez, the Human Resources Manager. • List of Corpsmembers who enrolled during the 2019/2020 fiscal year and their high school diploma status upon enrollment. Urban Corps had 264 new Corpsmembers enroll, with 12 entering the program already having received a high school diploma. The Review Team also verified that EEO information is posted in an area visible to Corpsmembers. Urban Corps’ documentation was complete, and no issues were identified. DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 4 CRITERIA #4 and #6 PASS FAIL Recommend Corrective Action Recommend Further Documentation WAGE SCALE AND POST PLACEMENT: The corps compensates Corpsmembers at not less than the federal minimum wage. (PRC § 14507.5[a][3]) The corps provides Corpsmembers assistance in obtaining permanent employment following their participation in the corps program. (PRC § 14507.5[a][3]) X X NARRATIVE RELATED TO RATING: Urban Corps paid Corpsmembers the State of California Minimum Wage during the certification period. This rate is higher than the federal minimum wage of $7.25. To verify that Urban Corps provides Corpsmembers assistance in obtaining permanent employment, the Review Team requested documentation outlining Urban Corps’ post-corps employment assistance plan, listing programs and services for job training and career development, as well as a list of job-specific skills available to Corpsmembers and post-corps placement statistics. Urban Corps submitted: • Description of Urban Corps’ Corps-to-Career program, which provides career development services and case management, as well additional resources available to Corpsmembers. • Description of job-specific skills Corpsmembers can learn by taking part in different departments, including environmental services, community improvement, recycling, and construction. General job training is also offered to include; learn the work ethic, tool safety, chainsaw and other power tools, OSHA 10, CPR/First Aid and more. • Post-corps placement tracking sheet, showing that Urban Corps tracks Corpsmembers’ exit date, employment, and education status. During the 2019/20 cycle, 81% of Urban Corps graduates left having obtained employment. To substantiate the post-corps employment assistance plan sent by Urban Corps, the Review Team examined career/employability files for 18 Corpsmembers. These files showed that Corpsmembers receive support services and resume writing through their High School program. Some trainings occur during the initial orientation such as basic tool training. No career exploration or job readiness classes exist outside of the high school program. This issue will need to be addressed. Urban Corps’ documentation was complete. CRITERIA #7 PASS FAIL Recommend Corrective Action Recommend Further Documentation EDUCATIONAL PROGRAM: The educational component of the corps’ program includes enrollment in a vocational education program, public or charter high school, or postsecondary community college. (PRC § 14507.5[a][2]) The Corps shall give priority to providing an educational component for Corpsmembers who have not completed high school. The component shall be equal in content to a high school curriculum and provide course credits leading to a high school diploma or its equivalent, such as a California high school equivalency certificate. The work of the Corps shall be structured to accommodate the educational component without significantly reducing the productivity of the Corps. (PRC § 14402) X X DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 5 NARRATIVE RELATED TO RATING: To verify that Urban Corps’ charter school is in compliance with PRC § 14507.5[a][2] and PRC § 14402, the Review Team requested a copy of Urban Corps’ most recent charter school accreditation by the Western Association of Schools and Colleges (WASC), official documentation demonstrating approval or renewal of the charter, a graduation list for Urban Corps Corpsmembers for the 2018/2019 fiscal year, and a list of education goals and objectives for Corpsmembers who already have a high school diploma. Urban Corps submitted: • WASC letter dated July 3, 2016 accrediting Urban Corps of San Diego County Charter School through June 30, 2022. • Evidence of charter renewal by the Mono County Office of Education, signed July 1, 2016. • List of Corpsmembers who graduated from the charter school during the 2018/2019 fiscal year, which was 60. • Description of learning goals for Corpsmembers with a high school diploma, which includes attending college, vocational education, or continuing education classes. This is the second year that it is noted as an area that requires attention and improvement as compliance is not monitored. Last year’s report noted: “After a lengthy and comprehensive discussion, it was agreed that classes currently offered to the High School students can be offered to high school graduates to strengthen the education component for program participants who have a high school diploma. The CCC Review Team looks forward to progress in this area at the next review cycle.” Participation in an education program is an eligibility requirement under Criteria 1.1 to be able to count a corpsmember on the annual average enrollment. The CCC lead reviewer confirmed with the Mono County Board of Education that Urban Corps’ charter is currently active with no suspensions or revocations. To verify that Urban Corps’ educational component does not significantly reduce the productivity of the Corps (PRC § 14402), the Review Team also requested copies of school attendance records and a description of Urban Corps’ work-school attendance model. Urban Corps sent daily attendance reports for the weeks of October 7 – 11, 2019 and February 10 – 14, 2020. Student Corpsmembers attend school two days per week and work three days per week. When students attend their assigned education days, they report from 7:30am – 3:20pm. Vocational training days are from 7:30am – 4:00pm. Urban Corps’ documentation was complete. CRITERIA #8 PASS FAIL Recommend Corrective Action Recommend Further Documentation CIVIC CONSCIOUSNESS: The corps’ program develops Corpsmembers’ character and civic consciousness through rigorous work on public projects. (PRC § 14507.5[a][2]) x NARRATIVE RELATED TO RATING: To verify that Urban Corps’ program develops Corpsmembers’ character and civic consciousness, the Review Team requested a list of work ethic standards from a Corpsmember handbook/agreement, a description of civic consciousness activities that Corpsmembers participate in, and a description of how Urban Corps rewards and recognizes Corpsmembers, with samples of awards and/or certificates. Urban Corps submitted: • Corpsmember handbook (Page one) with description of personal qualities, grooming standards, and DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 6 behavior proper for success in the corps. • A list of civic-consciousness classes and events, Las Mananitas Breakfast, Corps Conversations and Corps to Career Voter Registration. • Description of Corpsmember incentive program and awards offered, including Safety Award, Perfect Attendance, and Corpsmember of the Month. Urban Corps’ documentation was complete, and no issues were identified. CRITERIA #9 PASS FAIL Recommend Corrective Action Recommend Further Documentation PROJECT WORK: The corps engages in recycling and litter abatement projects, as well as projects that accomplish the conservationist and other purposes described in subdivision (a) through (h), inclusive, of Section 14300, and that assist agencies of local governmental and other nonprofit community organizations in developing, rehabilitating, and restoring parklands, recreational facilities, and other community resources. (PRC § 14507.5[a][4]) x NARRATIVE RELATED TO RATING: To verify that Urban Corps engages in both recycling/litter abatement projects and projects that accomplish conservationist purposes as described in PRC § 14300, and assists local government and nonprofit organizations, the Review Team requested Urban Corps’ project list for the 2019/2020 fiscal year as well as copies of project evaluations or completion letters from agencies/organizations. Urban Corps submitted: • Project list with sponsor, type of work, and date. Sponsors include City of Carlsbad (trail maintenance), Tree San Diego (tree staking and dead tree removal), Valley Center (chipping), and Viejas Fire Department (brush abatement). • Documents demonstrating satisfactory and completed work, including San Dieguito River Valley Conservancy (invasive plant removal), City of San Diego (trail improvement), San Diego Canyonlands (vegetation removal), and Buena Vista Audubon Society (weed removal). Urban Corps’ documentation was complete, and no issues were identified. CCC staff toured the recycling program. CCC Staff visited a project with the City of Chula Vista. Corpsmembers were performing fire fuel reduction work on a hillside behind a residential area. Four corpsmembers and one staff were interviewed following certification procedure. CRITERIA #10 PASS FAIL Recommend Corrective Action Recommend Further Documentation DESIGNATION: The corps has been designated by a city (or city and county) to perform litter abatement, recycling, and related activities, if the city or city and county has a population of more than 250,000 persons. (PRC § 14581.1[a][1]) OR the corps has been designated by a county to perform litter abatement, recycling, and related activities. (PRC § 14581.1[a][2]) x NARRATIVE RELATED TO RATING: To demonstrate that Urban Corps has been designated by a city to perform litter abatement, recycling, and related activities, Urban Corps submitted a contract from the City of San Diego to perform recycling for DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 7 stadium events. The contract term is 3/19/2019 – June 30, 2020. Urban Corps’ documentation was complete, and no issues were identified. CRITERIA #11 PASS FAIL Recommend Corrective Action Recommend Further Documentation ANNUAL BUDGET: Any grants provided pursuant to this paragraph shall not comprise more than 75 percent of the annual budget of a Community Conservation Corps. (PRC § 14581.1[b]) x NARRATIVE RELATED TO RATING: Urban Corps provided the Statement of Activities from its Independent Auditor’s Report for fiscal year 2019/2020, showing a total revenue of $19,648,575. The 2019/2020 total grant allocation from CalRecycle was $2,050,658, which is 10% of Urban Corps’ total revenue. Urban Corps’ documentation was complete, and no issues were identified. CRITERIA #12 PASS FAIL Recommend Corrective Action Recommend Further Documentation CALIFORNIA SECRETARY OF STATE STATUS: “Community Conservation Corps" means a nonprofit public benefit corporation formed or operating pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or an agency operated by a city, county, or city and county… (PRC § 14507.5a) x NARRATIVE RELATED TO RATING: In December 2020, the Review Team verified that Urban Corps is in active standing with the California Secretary of State to do business as a non-profit public benefit corporation, in compliance with PRC § 14507.5a. Next Steps – Action Plan Required: Urban Corps will need to submit an Action Plan to address deficient areas in both Documentation and Programmatic Improvement as outlined to Hunt Drouin, CCC Program Development Manager by March 20, 2021. Thereafter, a quarterly update on progress in the deficient areas until all deficiencies have been mitigated. Quarterly updates will be due on: June 10 September 10 December 10 March 10 The Action Plan needs to address: Documentation Improvement • Criteria #1.2: Submission of Pay Journals Pay journals must follow the below format instructions: DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 Community Conservation Corps Certification Report URBAN CORPS OF SAN DIEGO COUNTY 8 When providing monthly Corpsmember counts, local corps need to include all Corpsmembers of eligible criteria for each day spanning an entire calendar month. If you pay Corpsmembers once or twice per month, this should not be an issue as any reports you receive should be broken down by calendar month. The challenge is if you pay Corpsmembers every other week (26 times per year). When this happens, quite frequently the pay a Corpsmember receives covers hours worked in two different months. For example, a paycheck which covers the period of May 24 – June 6, 2020 includes pay for hours worked in both May and June. Consider the following scenario: • This calendar shows 3 pay periods which include the month of June. o May 24, 2020 – June 6, 2020 (Dates highlighted in blue) o June 7 – 20, 2020 (Dates highlighted in yellow) o June 21 – July 4, 2020 (Dates highlighted in blue) • For the purposes of certification, when you are counting June hours, you will need to back out the May hours on the first pay period and back out July hours on the last pay period of the month. You must include all the hours/days highlighted in green to provide the CCC with an accurate count. • Many payroll services can provide hours worked reports by month, not pay period, but it must be asked for specifically. Otherwise, this becomes a manual process which can be time consuming. • Criteria #2.3: Provide staff training records filtered to report only training occurring during the certification cycle. • Criteria #6.4: Improve documentation for education program participation for high school graduates. Classes do not appear to be available to high school graduates. Programmatic Improvement • Criteria #7.5: Participation in an education program is an eligibility requirement under Criteria 1.1 to be able to count a corpsmember on the annual average enrollment. Urban Corps will need to address on-going education programming for its high school graduates. Technical Assistance Seminar – The CCC will conduct annual technical assistance seminars during the month of August or September, to provide information regarding required certification documentation compliance. Staff compiling certification documentation from each certified community conservation corps will be required to attend. DocuSign Envelope ID: 4FE230E8-513C-45E9-ABE9-65BB39984B05DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 March 25, 2021 Kyle Kennedy Chief Executive Officer Urban Corps of San Diego County PO Box 80156 San Diego, CA 92138-0156 Dear Kyle: Thank you for your time and effort in hosting the December 17, 2020 certification review visit. The CCC review team did not identify any statutory deficiencies and Urban Corps of San Diego County (UCSDC) meets all certification requirements. UCSDC is being certified as a Community Conservation Corps for fiscal year 2021/2022 (July 1, 2021 – June 30, 2022), in accordance with California Public Resources Code § 14507.5. If there are any questions regarding UCSDC’s certification status, please contact Christie Rochte, CCC Local Corps Analyst, at 310.528.1602 or christie.rochte@ccc.ca.gov. Sincerely, Hunt Drouin Program Development Manager DocuSign Envelope ID: D169037C-B7F0-4DA8-A77E-532224A2BBCBDocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 EXHIBIT “B” BUDGET Description Quantity (EA) Maximum Hours Rate/Hour Annual Cost Supervisor 1.0 1280 $32.50 $41,600 Corps Member Labor 1.0 1280 $22.50 $28,800 Large Event/Additional Supervisor 1.0 90 $32.50 $2,925 Large Event/Additional Corp Member Labor 1.0 354 $22.50 $7,965 Vehicle Fuel $80/mo $720 Total (amount not to exceed per agreement year) $82,010 DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473 CERTIFICATE OF WORKERS’ COMPENSATION COVERAGE DATE Sep 1, 2021 PRODUCER NonProfits’ United Workers’ Compensation Group 610 Fulton Avenue, Suite 200 Sacramento, CA 95825 Phone: (916) 868-6231 Fax: (916) 880-5251 Arthur J. Gallagher & Co Insurance Brokers of California, Inc 1255 Battery Street #450 San Francisco, CA 94111 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Urban Corps of San Diego County PO Box 80156 San Diego, CA 92138 INSURER A: NonProfits’ United Workers’ Compensation Group INSURER B: Safety National Casualty Corp [NAIC#15105] INSURER C: Response Indemnity Company of California [NAIC # 10970] INSURER D: INSURER E: COVERAGES This Certificate is not intended to specify all endorsements, coverages, terms, conditions and exclusions of the policies shown. THE POLICIES OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE AFFILIATE MEMBER 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 COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF COVERAGE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR MED EXPENSE (Any one person)$ GENERAL AGGREGATE LIMIT APPLIES PER: PERSONAL & ADV INJURY $ POLICY PROJECT LOC GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Each accident) $ ANY AUTO $ ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS $ HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS $PROPERTY DAMAGE (Per accident) $ $ A WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY NPU-WCG 001-2021 1/1/2021 1/1/2022 X PER STATUTE OTH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE – EA EMPLOYEE $ 500,000 E.L. DISEASE – COVERAGE LIMIT $ 500,000 C B OTHER XSWC -Buffer Layer XSWC ABL1000013-00 SP4064079 1/1/2021 1/1/2021 1/1/2022 1/1/2022 XS of $500,000 XS of $750,000 XS of $750,000 $250,000 (EL & WC)$2,000,000 (EL) Statutory (WC) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS AGREEMENT FOR CITYWIDE ABANDONED ITEMS/LITTER REMOVAL SERVICES RELATED TO PERSONS EXPERIENCING HOMELESSNESS CERTIFICATE HOLDER CANCELLATION NPUWCG-URBAN-0133 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 3096 Harding Street Carlsbad, CA 92008 Based on ACORD 25 (2016/03) DocuSign Envelope ID: DDC3D92C-69AF-4EB2-92E5-384294831473