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HomeMy WebLinkAboutTERI Inc; 2022-09-19;City Attorney Approved Version 8/2/2022 1 AGREEMENT FOR L.I.T.E TEEN PROGRAM SERVICES THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and TERI, Inc., a non-profit agency, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in providing individual behavioral support services. B. Contractor has the necessary experience in providing professional services and advice related to individual behavioral support services. 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 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 (2) two years from the date first above written. The City Manager may amend the Agreement to extend it for (2) two additional (2) two 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 thousand dollars ($40,000) per agreement year. 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 thousand dollars ($40,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 TERI, INC. 19th September 22 accordance with this Agreement's terms and conditions. City Attorney Approved Version 8/2/2022 2 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this educt 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. - 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. RULES AND SAFETY Contractor will be required to comply with the Carlsbad Parks & Recreation Department's Safety Rules. (See 2022 Instructional Service Guidelines). 11. TB TEST AND BACKGROUND CHECK Prior to performing any work under this Agreement, Contractor and Contractor's assistant(s) must provide proof of a negative TB test taken within the last four years. If a course is open to DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 Agreement. At the City's election, City may d 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' City Attorney Approved Version 8/2/2022 3 minors, Contractor and Contractor's assistant(s) must complete a criminal history background check. The criminal history background check requires Contractor and Contractor's Assistant(s) to have Live Scan fingerprints processed by the City. Should Contractor or Contractor assistant(s) criminal history background check reveal the existence of prior convictions, the City may immediately terminate this Agreement and/or disqualify Contractor or Contractor's assistant(s) from performing future instructional services for the City. 12. CERTIFICATIONS If applicable, Contractor and Contractor's Assistant(s) must provide the City with the following certifications, which must remain valid throughout the duration of this contract: CPR, First Aid, and a current certification with the Behavior Analysis Certification Board (40 hours of behavioral training; successful competency assessment; passing of the national examination for RBTs).TERI will ensure all RBTs providing services under this contract maintain any and all certifications required to provide the services identified in this scope of work. If any certification(s) will expire during the term of this Agreement, Contractor and Contractor's Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date. 13. MANDATED REPORTER(S) If a course is open to minors, making Contractor and Contractor's assistant(s) "mandated reporters" within the meaning of California Penal Code section 11165.(a), Contractor and Contractor's assistant(s) will comply with the applicable mandatory reporting requirements of the Child Abuse and Neglect Reporting Act, contained in California Penal Code section 11164 et seq. 14. HIPAA COMPLIANCE Contractor shall comply with all applicable provisions of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d- the regulations contained in 45 CFR Part 164, the federal security standards contained in 45 CFR Part 142 and the federal transaction code set standards contained in 45 CFR Parts 160 and 162. Contractor agrees not to use or further disclose any protected health information as defined in 45 CFR 164.504, or individually identifiable information, as defined in 42 U.S.C. Section 1320d concerning a patient other than as permitted by HIPAA and California law, and agrees to implement appropriate safeguards to prevent the unauthorized use or disclosure of th Information in accordance with HIPAA and California law. Contractor shall make its internal practices, books, and records relative to the use and disclosure of a patient's Protected Health Information available to the United States Secretary of Health and Human Services to the extent required for determining compliance with HIPAA. Notwithstanding the foregoing, no attorney-client, accountant-client, or other legal privilege shall be deemed waived by either Party by virtue of this section. 15. 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 Contract 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 List of Approved Surplus Line Insurers (LASLI) with a rating ; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 I through 9 ("HIPAA"), and patient's Protected Heal or or Contractor's line insurer on the State of California's in the latest Best's Key Rating Guide of at least "AX" City Attorney Approved Version 8/2/2022 4 15.1 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. 15.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an $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. 15.1.2 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. 15.1.3 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. 15.1.4 Professional Liability. 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. 15.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 15.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 15.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 15.2.3 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. 15.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 15.4 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. 15.5 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. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 "occurrence" basis, including personal & advertising injury, with limits no less than ________ Errors and omissions liability appropriate to Contractor's City Attorney Approved Version 8/2/2022 5 16. 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. 17. 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. 18. 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 19. 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. 20. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Margaret Hamer Name Brooke Trayer Title Recreation Area Manager Title Clinical Services Operations Manager Department Parks & Recreation Address 251 Airport Road City of Carlsbad Oceanside, CA 92058 Address 799 Pine Ave., Suite 200 Phone No. 760-721-1706 Carlsbad, CA 92008 Email brooket@teriinc.org Phone No. 442-339-2682 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. /// /// /// /// DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 of the work product for Contractor's records. City Attorney Approved Version 8/2/2022 6 21. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No 22. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 23. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 24. 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. 25. 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering (30) days written notice to City. In the event of termination of this Agreement by either party 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. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 □ 1111 City Attorney Approved Version 8/2/2022 7 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 uocu::.Ign 1=nveIope Iu: A'H:>u1.,0A::>-O>\'+t=-•n , o-::1L1.,:1-.>o<+u,n, 1 o 1 ::,ou 31. 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: By: Cheryl Kilmer, CEO (print name/title) Joseph Michalowski, CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Parks & Recreation Director ATTEST: FAVIOLA MEDINA City Clerk Services Manager 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: CINDIE K. McMAHON, City Attorney BY: Ol41:0v f V'bsf Deputy City Attorney City Attorney Approved Version 8/2/2022 8 City Attorney Approved Version 8/2/2022 9 SCOPE OF SERVICES TERI, Inc. will provide the City of Carlsbad certified specialized trained therapists to work in the City of Carlsbad recreation programs as needed by the City of Carlsbad Parks & Recreation Department. Services will include Registered Behavior Technicians (RBTs) and additional services and trainings as needed to develop and train City of Carlsbad staff to include Behavior Intervention Services training (BCBA). RBTs will collaborate with recreation supervisor, program coordinator or recreation area manager to deliver behavior supports to include delivery and documentation of individual recreation participant Behavior Intervention Plans or Behavior Support plans; assist with delivery of recreation supports; provide emergency behavior intervention supports; and deliver instructional education plan to provide a cohesive experience for the recreation participant. Services will be provided in City of Carlsbad recreation facilities and parks, scheduled and approved by the City of Carlsbad Parks & Recreation Department. Additional services such as BCBA training or supervision, city staff training development and implementation are also covered in this agreement, as requested by the City of Carlsbad. Service: Intensive Individual Services Instructional Assistant (RBT) 1. Related Service Code: 340 2. Fees: $58 per hour, invoiced monthly to the Program Recreation Supervisor Service: Training for city staff development and awareness (BCBA) 3. Related Service Code: 535 4. Fees: $127 per hour, invoiced per planned trainings Service: Behavior Intervention Services (Designing, Planning and Oversight of Behavior Plan) Board Certified Behavior Analyst (BCBA) 1. Related Service Code: 535 2. Fees: $127 per hour, invoiced monthly to the Program Recreation Supervisor Agreement not to exceed $40,000 per agreement year. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 EXHIBIT "A" assistance based on the student's Individual behavior needs as requested and approved. Behavior support plans will be established in consultation with the recreation participant's school Instructional Services Guidelines & Procedures Manual DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 (_ City of Carlsbad California 2 | P a g e Instructional Class Divisions Youth & Adults 2997 Glasgow Drive Carlsbad, CA 92010 442-339-2680 front desk Leo Carrillo Ranch 6200 Flying Leo Carrillo Lane Carlsbad, CA 92009 442-339-5042 front desk Adults 50+ 799 Pine Ave. Carlsbad, CA 92008 442-339-2650 front desk City of Carlsbad Community Centers/Parks Alga Norte Community Park & Aquatic Center 6565 Alicante Road Carlsbad, CA 92009 442-339-5777 Aviara Community Park 6435 Ambrosia Lane Carlsbad, CA 92009 442-339-2680 Calavera Community Center & Park 2997 Glasgow Drive Carlsbad, Ca 92010 442-339-2680 Harding Community Center 3096 Harding St. Carlsbad, CA 92008 442-339-2510 Leo Carrillo Ranch Historic Park 6200 Flying Leo Carrillo Lane Carlsbad, CA 92009 442-339-5042 Magee Park/Heritage Hall 2650 Garfield St. Carlsbad, CA 92008 442-339-2510 Pine Ave. Community Center & Park 799 Pine Ave. Carlsbad, CA 92008 442-339-5022 Poinsettia Community Park 6600 Hidden Valley Road Carlsbad, CA 92011 442-339-2680 Senior Center 799 Pine Ave. Carlsbad, CA 92008 442-339-2650 Stagecoach Community Center & Park 3420 Camino de los Coches Carlsbad, CA 92009 442-339-2690 REQUIRED DOCUMENTATION All contracted instructors are required to submit and keep current the following documentation before classes begin: Current address, telephone number and email address on Carlsbadconnect.org and with city staff DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • 3 | P a g e Department of Justice clearance (Livescan) via Work Partners by obtaining a City of Carlsbad fingerprinting request form from the Recreation Area Manager or designee. The instructor is responsible for the cost of the Livescan. A negative TB test (valid for four years) at the start of contract service, and then every four years thereafter for instructors working with children. Follow all COVID-19 city guidelines established by Human Resources for contractors. All contract instructors are required to obtain liability insurance with appropriate endorsement page(s) A resume detailing related education and/or experience A City of Carlsbad business license An outline of what will be covered in classes Completed Activity Proposal forms Copies of any certificates from a nationally recognized association or organization, if applicable Copies of corporation policies and procedures Names of any substitutes/assistants, their TB test results, Livescan fingerprints, their resumes and copy of a valid picture I.D. CONTRACT INSTRUCTOR ROLES The City of Carlsbad Parks & Recreation Department contracts with individuals and organizations to facilitate instructional classes at various recreational facilities on a bi-annual basis. Contract instructors are not city employees and are not entitled to health or life insurance, retirement, paid holidays, paid vacations, paid sick leave, paid breaks, overtime or any other benefits. Contract instructors are independent businesses that will pay the City of Carlsbad a percentage of their class fees to support them through registration, some marketing and facility use. The City of Carlsbad does not carry insurance for students, instructors, substitute instructors or assistants. All contract instructors are required to obtain liability insurance. Insurance may be obtained via own insurance company or through City sources. Generally, the liability exposures associated with these classes center around unsafe or improper equipment, inadequate supervision, negligent maintenance, dangerous conditions, inadequate policies and procedures, and sexual abuse/child molestation. This is not an exhaustive list and each class has its own unique risks. By obtaining liability insurance, contract instructors have a better chance of protecting themselves and their assets. Insurance is the financial mechanism to fund legal costs associated with claims and any losses arising out of these classes and provides the financial backing to the hold harmless agreement in the Instructional Services Agreement. As a business owner, it is advised that you consult the professional of your choice to educate yourself on loss exposures and liability insurance. An endorsement page(s) must be attached to your general liability certificate to be deemed valid. ASSISTANTS The contract instructor reserves the right to utilize an assistant at their own cost. All assistants must submit the following documentation before teaching: A negative TB test (valid for four years) Current resume A copy of a valid picture I.D. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • • • • • • • • • • • • • 4 | P a g e Livescan fingerprints All assistants must be fingerprinted through Work Partners by obtaining a City of Carlsbad fingerprinting request form from the Recreation Area Manager or designee prior to teaching any classes and must be approved to teach by the Recreation Area Manager or designee. The instructor will cover the cost of the Livescan. Assistants must be at least 16 years of age with a valid Work Permit. Assistants may assist the instructor in every class. Assistants may not teach in place of the instructor more than 20 percent of the scheduled classes without prior approval of the Recreation Area Manager or designee. Assistants that are approved to teach in place of the instructor more than 20 percent of the time may be required to assume a separate contract. Assistants under the age of 18 may never teach in place of the instructor. Assistants are expected to follow the same guidelines outlined for the instructors. e actions of that CUSTOMER SERVICE STANDARDS All instructors under contract with the City of Carlsbad Parks & Recreation Department, are expected to treat all customers, community members and fellow instructors with dignity and respect always. Please refer to the enclosed T.R.U.S.T. Program information sheet, which may be found at www.carlsbadca.gov/departments/parks-recreation/donations/trust. Instructors are encouraged to seek the assistance of a Parks & Recreation Department staff member if they encounter a particularly difficult customer or situation. MARKETING The Parks & Recreation Department will promote classes in the following ways: Short description, not to exceed 50 words, in electronic Community Services Guide (CSG) depending on class offering(s). Class information will be displayed on www.carlsbadconnect.org or in any other manner the City determines is appropriate. Any additional advertising must be approved by the Recreation Area Manager or designee and be paid for and distributed by instructor. HOW TO VIEW/PRINT ROSTERS AND ATTENDANCE SHEETS Sign into www.carlsbadconnect.org using email address and password. In the upper left area, click on the Account tab. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • • • • • • The city reserves the right to terminate a contracted instructor's agreement based on th instructor's assistant . • • • • • Cal i fornia How can we help? :: Catalog I .1. Account I f Connect ACCO UNT CREATION ON LY!!! sun,lan27,2019 5 | P a g e On the right-side column, click on Instructor Portal; this will open the portal to view all classes. Instructor has the option to view current, past or all classes by clicking on the dropdown arrow under My Activities. To view and/or print a class roster, click on the class under the Roster column, which provides the name of the participa gender and amount paid NOTE: Zero amounts may show if class/program is free. Instructors may also contact by email their participants by clicking on the class under the Contact column. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • • l?I MY NOTIFICATIONS Jan 27, 2019 • 08:01 PM · ACCOUNT CREATION ONLYIII Jan 25, 2019 -10:01 AM · Email Required Instruct or Portal M Activities Current Past All 13¥1E Click a contract number to vrew, acknowledg , print, or email. -.I' Ac. owli,C19 ,:I Contract (D Linde 1owli:J91?d Contract # Activity Roster 1. PARENT-TODDLER l'S: CALAVERA I-IILLS RM 1 View (12) Parent-Toddler l's· 04 CALAVERA HILLS COMMUNITY CENTER & PARK I 01/16·02/06 I 9am· llam Browse/Register Now! Instructor Portal -Account Statements Contact Contract Tools Contact N/A 'View {XX)' nt, parent's name (if applicable), age, Roster PARENT-TODDLER 1'5: CALAVERA HILLS RM 1 Parent-Todd ler l's -04 # Participant Parent Age Gender Kyle Chuang Hanna Hong Rian Fenton Vivenne Fenton the instructor's Paid 50.00 50.00 • 'Contact' 6 | P a g e Instructors may also use sign-in sheets by clicking on the class under the Tools column. Special Note: The c require sign-in sheets except for the All-day Camps, but they are available if instructors would like parents to sign-in their children or participants sign-in. NOTE: The session dates must be entered in the From Date and To Date fields for the sign-in sheet to populate for single or multiple day(s). CLASS PROPOSAL PROCESS Activity proposals will be completed prior to the electronic activity guide and include all sessions that will be offered during the established season period. The dates for the season periods are included in the class calendar and may not be adjusted. Proposals are working documents and subject to change by the department at any time. A separate Class Proposal form is required for each course that will be taught. Note: Accepting a submitted form does not guarantee your proposal has been approved. Final approval will be done via notification from the Recreation Area Manager or designee. The following information is required: DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 Contac t Bonnie Elliott (bleli@aol.com) From. To SubJcct: PARENT-TODDLER 1'5: CALAVERA HILLS RM 1 Parent-Toddler l 's · 04 Message Font Family Font Sizes ~ ~ B I • 'Tools' ity doesn't Parent-Toddler 1's • 04 Sign-in Sheet PARENT-TODDLER 1'S CALAVERA HILLS RM 1 Parent-Toddler 1's -04 Sheet Type [ Single Day ] Mutti-Day To Date 02106/2019 (bryor Carlsbad h<b,I, IIKTH!OO City of Carlsbad, CA Sign-In Sheet PARENT-TODDLER 1'5: CALAVERA HILLS RM 1 Parent-Toddler 1 's -04 Wed, 01/16/2019 0Q•00 AM to 11 ·oo AM Panicfpant Name 1 Kyle Chuang 2Rian Fenton 3Vincent Fitzpatrick 4Grayson Geary 5Evan Hurley Time In Adult Signature Time outAdult Signature Pro9rammin9 & schedulin9 ... season's • <> I I 7 | P a g e A. Season/Program Period: Check the box that relates to the date(s) of class(es) for the season. B. Activity Title: Activity title should be creative and descriptive. Information in the title will be useful in searching class. Title is limited to 30 characters. C. GL#/Name: Leave blank for Recreation Staff to fill in. D. Tab: Select the tab that best describes the topic of class(es). Note: E. Category: Select one category that best describes the topic A. Activity Status: Click whether it is a new class (never done before), current class (is currently B. Activity Description Status: Check if it is a new description or the same description as is currently being advertised. If a new description due to modifications of current description, please use track changes for updates. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 Activity Proposal Form Form must be completely and accurately filled out. Incomplete forms will be returned and will require contractor to resubmit by due date. All activities are subject to parks & recreations department's approval, verification of date, J.i.~~ and location availability. Submitting form does not guarantee approval. 0 Season/Program Period: D Fall (September -December I D Winter/Spring (January-May) D Summer (June -August) 0 Activity Title (LIMIT 30 CHARACTERS. NOTE: A space equals a character): __ Click here to enter text. 0 GL #/Name:_Click here to enter text. Tab (select Table of Content tab for CSG & on line view): 0 D Aquatics D Camps D Dance D Early Childhood D Martial Arts D Mind/Body Wellness D Special Interest D Sports □ Adults SO+ D Special Events Category (select ONE category where the activity will be listed for online view): 0 D Aquatics: Certification & Training D Aquatics: Programs D Camps: Creative/Performing Arts D Camps: Science & Exploration D Adult Dance D Youth Dance D Special Interest D Ice Skating/Hockey D Sports D Special Event: Family D Special Event: Tweens D Special Event: Library D 50t: Dance D 50+: Educational D Aquatics: Swim lessons: Preschool D Aquatics: Swim Lessons: All Ages D Aquatics: Camps D Aquatics: Private Lessons 0 Camps: Special Interests D Camps: Sports & Fitness D Camps: Traditional; All Day D Camps: Virtual select 'Special Interest'. □ Early Childhood Classes D Preschool □ Martial Arts D Mind/Body Wellness D Sewing into any then select 'Special Interest'. D Sports Leagues D Tennis D 50+: Games & Hobbies D SO+: Mind/Body Wellness D 50+: Services D 50+: Special Events D 50+: Special Interest D SO+: Technology D 50+: Virtual Programs if it doesn't fall into any then of class(es). Note: if it doesn't fall 0 -Activity Status: D New Class D Current Class U .JU"!". I t:l.llllUIUl;!;V D Previous Class (Session: Click here to enter text) 0 Activity Description Status: D New Description D Roll Over Description 1B D Modified Description (cut & paste old desrnpt,on with track changes for mod1ficat1ons) Click here to enter text. 0 *Full Catalog/ Activity Description Only (for CSG & onltne view, MAXIMUM 50 WORDS. Language for specific sessions, extra fees, what lo bring, etc. goes in sections below): 0 Age Range Age Calculation/Control Grade Range {Indicate years and/or months~ as applicoble} Date Gender (if applicable) II of Participants Team Activity/ Leagues Min. I {1yr/Om) I Max. Provide if date different than the M/F/f.o..ed Min.Grade I Max.Grade Min. I Max. # of Teams I # of People per (1yr/11m) first day-of das.s Team I I I Q;\RecAdmm\CivicRec\forms\Conlracl Instructor Proposal Form9-l.5-2Ldocx offered) or previous class (has been done in past season(s) and note which season (i.e. Fall '20, Winter/Spring '19, etc.) 8 | P a g e C. Full Catalog/Activity Description Only: Describe the course in 50 words or less. Include topics of discussion and what will be learned by the participant. Descriptions should be informative and helpful to the user in knowing what will be offered. The class description should be clear, concise and to the point. Written descriptions are vital to selling the program to the public in our electronic CSG and online catalog. D. Participant Information: Age Range: If you want to establish participants by age, fill in the Min. and Max. age range including year and months (i.e. 10yr/6m, 11yr/0m, 11yr/11m, etc.) Age Calculation/Control Date: This is the date that the participant would have had to have turned a certain age by first day of class. Example: For preschool they want to be the same age requirement as the school district so for class staring in September the child had to of turned 3 by December 1, the year before. (ie. 12/01/20 for class starting in September 2021). Gender: Identify if the participant must be a male, female or co-ed (for any gender). Grade Range: If you are wanting to establish participants by grades instead of age then fill in the Min. and Max grade box. Note: The grade of the child is first established by the adult creating the account (i.e. 3rd grade). The system will then move the grade up each year for the child on the established grade by the parent on September 1 until they are no longer in high school. (i.e. if the parent identified the child when creating the account as in 3rd grade then on September 1 the child will now be identified as a 4th grader, moving up each year until graduating 12th grade). # of Participants: Identify the number of participants by filling in the Min. and Max. number. Team Activity/Leagues: Identify the number of teams you are allowing in the league and number of team player per team. A. Registration Information: Registration Start Date: Fill in the date you would like to start registration if it is different from the standard start date. view/registration date identified below. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 ■ ■ ■ ■ ■ ■ 0 Reg~strat~on Start Date (if different from standard catalog dates}: Click here to enter text. Reg1strat10n End Date (if other than lost day of class): Cltck here to enter text. Start Time: Click here to enter text. End Time: Click here to enter text. 0 Hide from Online Viewers: D Yes D No 0 Allow Online Registration: D Yes D No Select applicable waivers, forms, prompts and/or attach materials sheet: List Others (attach sheet) 0 fgJ Code of Conduct for Activities fgJ Participants Liability Waiver □ □ Waiver(s): fgJ Assumption of Risk & Waiver Day Camps & Recreation □ of Liability Relating to □ Programs Safety Protocol for □ Coronavirus/COVID-19 Leo Carrillo Form(s): □ Material Supply List □ □ □ □ List Medical Concerns □ league: Last Season Name fgJ Photographic Release □ Prompt(s): □ List Allergies □ league: Choice Night 0 Refund Policy □ □ League: Current T earn Name □ League: Skill Level 0 Opportunity Grant □ Session Description(s) (if different from activity/parent description, MAXIMUM 50 WORDS}: D New □ Roll Over D Modified (cut & paste old description with track changes for modifications) 0 0 Receipt Notes (e.g., material extra fees, officiafs/scorekeepers fee or what to bring}: 121 New□ Roll Over D Modified (cut & paste old description with track changes for modifications) ■ Standard start date is usually two weeks prior to the season's 9 | P a g e Start Time: Fill in a different time if it is different from 8 a.m. on the first day of standard start date. The registration time will be ongoing 24/7 after the 8 a.m. start time of the standard start date. Registration End Date: Standard end date is usually the last day of class; if you want to end it before the last day of class then fill in this section. End Time: Standard end time is the end of the class session. If you want it different due to changing the end date, then fill in the time you want all registrations to stop. B. Hide from Online Viewers: If you do not want the public to see the class online then click on the Note: Public will probably not sign up for class unless they are provided a session # via email, text or word-of-mouth. C. Allow Online Registration: D. Waivers, Forms, Prompts and/or Attach Material Sheets: Work with staff regarding any waivers, forms or prompts you may want to have included in the registration. If you have any materials that the attendees need to purchase prior to class starting, attach or identify (if used for prior class(es)) the document. E. Session Description(s): If you have sub-classes that have different topics to learn then insert the sub-topic information/description here. (i.e. Wonders! Science Camp has general information week they have a different topic that they cover so has provided a session name [Wonders! Science #1] with the information that describes what will be covered that week, etc.) Kidz Camp has a general information that relates to all camps in that activity so has put that general session titles (i.e. Week #1: Splash into Summer, Week #2: Wild About Wildlife, etc.) for each session in this box with related information). F. Receipt Notes: Provide any specific information that would be useful for participants to know in addition to the course description(s)/material list. This information will appear online and on the may not be included in the class description in the electronic CSG or online catalog. (i.e. clothing to be worn, refreshments to bring to class, etc.) A. Length of Class: Individual Classes: Each row is showing a separate class for the activity. All Classes in One Month: All row with the same month are in one session for the entire month. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 ■ ■ ■ 'yes' box. __________ Click 'yes' is you want the public to be able to register online; click 'no' if you want the public to call in to register. that relates to all camps in that activity so has put that in the 'Activity Description' box. Each description in the 'Activity Description' box. Each week has a different theme so has listed the customer's receipt. It 0 □ Individual Classes □ All Classes in One Month □ All Classes in One Season 0 0 Session Session Name Number (If different than Activity) For office use only Location (e.g., Calavera): Click here to enter text. 0 D onsite □ Hybrid ■ ■ Returning Participant Criteria Session Start Date (Session (Open Mm/dd/YY,. name and Registration number) Date) 0 Facility (e.g., Mtg. Rm 1): Click here to enter text. Session End Date Mm/dd/YY,. 0 Session Session Day {s) Start (day(s) of week) Time Reserve Facility: □Yes □ No D Zooml D Zoom2 D Zoom3 □~TEAMS Fees Session Holiday/ D Resident End Dates Discount Time Excluded** Contractor Actual Proposed 10 | P a g e All Classes in One Season:All rows are in one session for the entire season. B. Session Information: Session Name: Add name if it is different from the course title. This is usually the case if you have different t Week 1: Splash into Summer, Week 2: Wild About Wildlife, etc.) Session Number: Leave blank for Recreation Staff to fill in. Returning Participant Criteria: A. Session Name & Number: Look up the session name & number of the class that was held prior to this new class that the participant must be enrolled in to allow enrollment in the class. (i.e. this has mainly been done for Preschool program.) B. Open Registration Date: Date that you would like the returning students to be able to enroll ahead of open enrollment. Session Start Date: First date for when the session will start. Session End Date: Last date for when the session will be held. Session Day(s): Include what days of the week the class will be held (i.e. M, M/W/F, M-F, etc.) Session Start Time: Time the class will start each day. Note: if there are different days there may be different times the class is held (i.e. M 10 a.m./W 11 a.m.) Session End Time: Time the class will end each day. Note: if there are different days with different time as example above then the end time may vary (i.e. M 10:45 a.m./W Noon). Holiday/Dates Excluded: Add any dates that you expect to not teach during a scheduled and Leo Carrillo Ranch are closed on holidays, put those dates in if your class falls on a holiday. Some centers may close early on city observed holidays (Friday before a holiday or Monday after a holiday). Check the Official City Holidays list at the bottom of the form to see when centers/Leo Carrillo Ranch will be closing early and mark those dates that you will not be teaching due to the center closing early. Fees Information: i. Resident Discount: Click box if you would like to give a resident discount. Note: most classes require a resident discount. ii. Contractor Proposed/%: Add the fee for the class that you would like the % to be calculated on for your pay. iii. Actual: Leave blank for Recreation Staff to fill in. C. Location: Fill in the park location where your class will be held. Location of classes are subject to change by the department at any time with advanced notice. D. Facility: Fill in the room, field, open space location where your class will be held. E. Reserve Facility: will be clicked. F. Type of Class: Select the type of class based on whether it is in person, virtual or hybrid. May sure to note which virtual system will be used. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ hemes for each session under the 'parent' class. (i.e. Kidz Camp - session; if you have a break between sessions you don't need to add those date. All centers ______ Click 'yes' if you want to have the room reserved so no one may also use the room, field, open space while your class is using it. Note: most times the 'yes' box 11 | P a g e A. Facility Notes: Submit any special set up requests regarding tables/chairs, etc. that you would like the facility staff to have set up for your class. B. Misc. Notes for Inputters: Submit any special instructions for the person that is inputting your class in the system. Note: This information will NOT be displayed to the public or front counter staff while registering patrons. C. Contract Agreement %: Staff will add the percentage based on your agreement. Note: This fee will be adjusted for transaction fee (5%) and non-resident fee (10%), if applicable, when advertised to the public. You will be paid per the percentage of the fee you have identified in and approved by the Recreation Director, Recreation Area Manager, or designee. D. CSG/Online Instruction Name: Fill in the name of the instructor in the first area. Fill in the business name if they want to have that listed instead of the instructor name in the system and on the electronic CSG. E. Supervisor Name: Leave blank for Recreation Staff to fill in. F. Email Notification to Supervisor for Each Registration: Leave blank for Recreation Staff to fill in. A. Official City Holidays: This chart will show the dates of city holidays. If one of your classes lands on a holiday ou will be taking a date off in a session, include that date in . If you are interested in having class on a holiday, contact the supervisor to see if the facility will be partially or fully closed. If it will be open during the above. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 0 0 0 0 Facility Notes {Notes for facility staff to be stored with the reservation, e.g., room set up): Misc. Notes for lnputters {Not for activity/program): Contract Agreement% {70%, 60%, etc., of contractor proposed amount; under fees): Click here to enter text. CSG/Online Instructor Name: aick here to enter text. If Business Name, provide Owners name: Click here to enter text. Supervisor Name: Click here to enter text. 0 Email Notification to Supervisor for Each Registration: D Yes D No 0 the 'Contractor Proposed/%' section above Friday, Dec 31 Monday, Jan 17 Monday, Feb 21 Monday, May 30 Monday, July 4 Monday, Sept 5 Monday, Oct 10 Friday, Nov 11 ■ ■ Thursday, Nov 24 Friday, Nov 25 Monday, Dec 26 0 OFFICIAL CITY HOLIDAYS {Contact Center for Closures/Times) 2022 Holidays 2023 Holidays New Year's Day Monday, Jan 2 New Year's Day Monday, Jan 1 Martin Luther King Jr. Day Monday, Jan 16 Martin Luther King Jr. Day Monday, Jan 15 President's Day Monday, Feb 20 President's Day Monday, Feb 19 Memorial Day Monday, May 29 Memorial Day Monday, May 27 Independence Day Tuesday, July 4 Independence Day Thursday, July 4 Labor Day Monday, Sept 4 Labor Day Monday, Sept 2 Columbus Day Monday, Oct 9 Columbus Day Monday, Oct 14 Veterans Day Friday, Nov 10 Veterans Day Monday, Nov 11 Thanksgiving Day Thursday, Nov 23 Thanksgiving Day Thursday, Nov 28 Thanksgiving Friday Friday, Nov 24 Thanksgiving Friday Friday, Nov 29 Christmas Day Monday, Dec 25 Christmas Day Wednesday, Dec 25 0 Manager's Signature Date ------------------------------- and you won't be having class or if y the 'Holidays/ Dates Excluded' section shown above 2024 Holidays New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Thanksgiving Friday Christmas Day time of your class then do not include that holiday on the 'Holidays/ Dates Excluded' section shown 12 | P a g e B.Leave blank for Recreation Staff to fill in. Courses for which the Parks & Recreation Department will not accept proposals for are as follows: o Programs that are similar to programs that are currently offered (please review the electronic CSG available online at www.carlsbadca.gov/parksandrec or www.carlsbadconnect.org). o Programs that were offered in the past and were cancelled due to lack of interest by participants, unless you have a business plan that provides information showing the ability to fill the class with participants waiting to take the course. o Inappropriate programs for the recreation setting or similar programs offered by local community colleges or business/commercial/professional agencies. Classes will be published in the general electronic Community Services Guides (CSG) if there is a class offering(s). Classes may not be scheduled on specific holidays when facilities are closed, please check with the community center for dates. Instructors must submit completed activity proposal forms for all sessions by the deadlines assigned by the Recreation Area Manager or designee. Proposal corrections, revisions or requested changes to the annual forms that are received after the season period deadline may not appear in the electronic CSG though may appear in the online CivicRec catalog. There is no exclusivity to instructors, or the courses taught. Community Services Guide Publication and Distribution Schedule Program sessions will be scheduled to coincide with publication dates of the electronic CSG. Proposals must be completed by the deadlines specified to allow time for inputting, layout, editing, and uploading: Season Proposed Class Dates Deadline to Submit Proposals View/Registration Available Fall Sept. 1 Dec. 31 End of May July Winter/Spring Jan. 1 - May 31 End of Sept. Nov. Summer June 1 Aug. 31 End of Dec. Feb. MAKE UPS Make up classes must be scheduled and approved through the Recreation Area Manager or designee. Approval is dependent upon facility availability. All classes held must be reflected in the registration software. HOLIDAYS Classes may not be scheduled on specific holidays when facilities are closed, please check with the community center for dates/hours. MATERIALS The Parks & Recreation Department will provide the room and/or space as outlined in the Instructional Services Agreement. Please be advised that all city sponsored events have facility priority. The Parks & Recreation Department will not store class materials or equipment. The following items may be available for instructors use in limited quantity: Tables Chairs Instructors must indicate on the proposal forms exactly which materials they would like to utilize in the class. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • • • • • Manager's Signature and Date: 13 | P a g e Requests for materials may be denied if there are insufficient materials to meet the request. All other materials are the responsibility of the instructor. *Material fees must be included in the total cost listed on www.carlsbadconnect.org. Requiring participants to supply a material fee in class is not allowed. Instructors may provide a material list that participants are required to purchase and bring to their class. Material lists must be submitted with the class proposals. The Carlsbad Parks & Recreation Department strives to provide varied and unique opportunities for lifelong learning. Efforts will be made to ensure that the program schedule includes a variety of activities that appeal to the needs and interests of all community members. For this reason, instructors may be limited to how many classes they are permitted to offer each season. Additionally, classes that are not meeting minimum enrollments may be cancelled due to lack of interest. Classes cancelled due to low enrollment three times in a calendar year may be discontinued. Definitions to assist with type of program: Camp: Program that served only school-age children and operates during regular school vacations; provides care/instruction for more than four hours, but less than 12 hours, a day in operation for no more than one week intermittently throughout the calendar year. Class: Program that serves any age group and has no limitation on the number of weeks throughout the calendar year; provides instruction for no more than two hours usually. Workshop: Program that serves a specific age group and is usually limited to one to two meetings anytime throughout the calendar year; provides instruction between two to eight hours in a day providing intensive study, work, discussion, etc. in some field/topic. RATIOS The most important safety principle in caring for children is maintaining proper supervision. Contractor is responsible for maintaining the adult to child ratios approved by the Parks and Recreation Director, Recreation Area Manager or designee and based on the following guidelines: Classes/Camps One Instructor for 8 students (Ages 4 and below) maximum One Instructor for 24 students (Grades K - 3) maximum One Instructor for 32 students (Grades 4 - 6) maximum One Instructor for 36 students (Grades 7 - 12) maximum If the ratio is not met the class/camp must be cancelled for that day. If the child/instructor ratio is not appropriate based on safety, notify the office/facility staff immediately. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • 14 | P a g e If instructor is at an off-site location, notify the approving Recreation Area Manager or designee. FACILITY USAGE instructor must visually inspect the facilities and surrounding area to ensure a safe environment. If any aspect of the area appears unsafe, it is the Manager or designee and to take actions that will ensure participant safety. All contract instructors using City of Carlsbad facilities may set-up their classrooms 15 minutes prior to the start of their course. The room must always be left in the condition in which it was found. This means instructors must clean up any materials (art supplies, paper, etc.) after the course ends. SAFETY Instructors are responsible for children in their care from the time they allow parents/guardians to drop off until the child is back in the care of their parent/guardian or a Parks & Recreation staff member. Instructors should plan to be responsible for students 15 minutes before class and 15 minutes after class is over. For the safety of children participating in classes, instructors are required to remain onsite until all children have been picked up from the class. Instructors teaching onsite at a city staffed location may contact a Parks & Recreation staff member if a parent/guardian is more than 15 minutes late to pick up a child and must stay until a staff member arrives to supervise the child until a parent/guardian arrives. Instructors teaching off site may contact a Parks & Recreation staff member if a parent is more than 15 minutes late to pick up a child and will be informed if a staff member will come or to contact the Carlsbad Police Department at 760-931-2197. Instructor must stay with the child(ren) until a staff member or Police arrives and assumes supervision of the child. If a parent/guardian has given written authorization Walk Home Consent Form (attached) for their child(ren), the child(ren) may walk home from a class or camp. The Recreation Area Manager or designee may deny this authorization if the child is under the age of 10 or has reason to believe walking home would be unsafe for the child. EMERGENCY & INJURIES If a participant is injured while participating in a class, the assistance of a Parks & Recreation staff member or emergency medical personnel immediately. Instructors are asked to complete an injury report and submit to the Instructional Class Division within 24 hours. If an injury or situation is life threatening, the instructor is to call 911 (or 9-911 from a city phone). If an instructor encounters a situation with a hostile or dangerous person, it is prudent to seek the assistance of the police department or other appropriate emergency personnel. It is expected that all instructors look out for -being. If a course is open to minors, the Contractor and section 11165.7(a), and will comply with the mandatory reporting requirements contained in California Penal City of Carlsbad Police Department non-emergency 760-931-2197. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • Facllllliy use & emeraency procedures ... • Instructor's primary responsibility is to ensure the safety of program participants. Prior to class, the instructor's responsibility to notify the Recreation Area • • via the city's • it is the instructor's responsibility to seek their participant's physical and emotional well Contractor's assistant(s) are considered "mandated reporters" with in the meaning of California Penal Code Code 11166, which was attached as Exhibit: "B" to your Agreement . • 15 | P a g e Instructors must take every precaution to prevent a child from being unaccounted for by doing the following: Frequent head counts (every 15 minutes) or when moving from one location to another. (You should count heads before and after the movement). Make sure boundaries are clear of possible hazards, strange or unusual activities. Never leave a group unsupervised. Never assume that all your children are with you or in your designated area. Children are curious by nature and wander off easily. Children should always be matched up with a buddy (partner) when offsite or in open spaces. Buddy pairing is highly recommended when moving from one location to another. If a child does become lost or missing adhere to the following steps: Note the time. Check the immediate area where the activity is taking place. o Allow for a three to five-minute thorough search of the area including bathrooms, hallways, playground area, parking lots, etc. If the child is not seen within a three-minute period, alert the center office staff and recreation supervisor for support. o If off-site, notify the closest recreation facility. o Have all details prepared: Present location and phone number Name of leader/instructor Name, address, and age of child involved Details of situation Name of parent(s) and phone number Description of child The following will then occur: o o Any available staff will assist with searching for the lost participant. o Recreation Supervisor will contact their Recreation Area Manager to contact the parents of the missing child. o The Recreation Area Manager or designee should call 911 and inform the Recreation Services Manager and Parks & Recreation Director of the incident as soon as possible. The Director may want to contact Communications for added assistance if there is a need to communicate to the public. o Contractor must stay on-site and available until the situation is resolved and complete an Incident Report. o Submit the report to the Supervisor to complete and submit to the Recreation Area Manager or designee within 24 hours. PAYMENT Instructor will initiate payment for instructional classes by electronically requesting parks and recreation staff to the indicating the class is concluding or has been completed, the instructor will receive a completed the agreed instructor payment per student. The report will be stamped with department stamp* that requires the instructor . Upon receiving a signed copy from the instructor acknowledging payment amount, a Parks & Recreation staff member will review and process the paperwork for payment. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • • • • • • • ■ ■ ■ ■ ■ ■ Contractor must stay with their group. Don't scare the other participants. Flinanclial requliremen-C:s & procedures ••• "initiate payment" and listing the course numbers for Payment Due Report'' that will detail session. Upon staff receiving the "initiate payment" "Instructor 's signature 16 | P a g e Payments will be sent via direct deposit to the instructor within 30 days after receipt and verification. Instructors do not receive nonresident fees or transactions fee. be completed in CivicRec and staff notified to ensure the Finance Department has the most current address on file. *Instructors will be required to set class fees within the current market range. The Carlsbad Parks and Recreation Department reserves the right to deny a contract or class if fees do not fall within this range. *Example of Department stamp PRORATIONS There is no pro-rating. RECITALS/SHOWCASES The City of Carlsbad Parks & Recreation Department does not include recitals, exhibitions or competitions as part of its programming or fees. These events which may or may not be offered by individual instructors are considered optional for participants and may include additional fees/costs. Instructors who wish to showcase their students work may decide to put together a recital or exhibition at their own expense and submit a separate activity proposal for consideration by the City. RESCHEDULING OF CLASSES Instructors may not reschedule classes without the approval of the Recreation Area Manager or designee. Rescheduled classes must be reflected in registration software and on proposal forms. If you are unable to attend a class, please notify each participant and the Instructional Class Division office assigned to your class as far in advance as possible. If you are cancelling a class on the same day it is to be held due to illness or rain out conditions, please contact each participant, the Instructional Class Division office assigned to your class and the facility where the class is scheduled. REFUNDS Instructor will receive percentage payment for refunds based on the following refund policy: When a registrant requests a refund at least 10 city business days prior to the scheduled class/program: o 50 percent of the registration fee will be refunded by check or credit card; or o A full credit* will be applied to your account. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • Any changes to instructor's address must Instructor's Signature Date OFFICIAL USE ONLY $ _____ TOTAL REVENUE $ (_%) TOTAL TO INSTRUCTOR (Account: 001 --7310) $ ____ _ (_%) TOTAL TO CITY OF CAR LSBAD Supervisor's Signature Date • 17 | P a g e No refunds or credits will be given for requests less than 10 city business days prior to the scheduled class/program. or other emergency(ies), the prorated fee for all attended class(es) will be charged prior to receiving a credit to their account. There are NO CASH REFUNDS. All check refunds will be mailed approximately two to three weeks after a request is received. *Please note: Once a credit is issued, it cannot be exchanged for a refund. All credits are good for twelve months from date of issue and may be used for any Parks & Recreation Department program. After twelve months, any unused credits will be written off or registrant may elect to donate it to the Parks & Recreation Department's Opportunity Grants program for a possible tax write-off. PARTICIPANT REGISTRATION All registrations take place online through CivicRec (or at the City of Carlsbad community centers). Instructors should not collect money or registration forms. Participants, who have not registered online and/or paid a registration fee to the city, may not participate. Pre-registration is required for many recreation activities. Programs are filled on a first-come, first-served basis with waiting lists as necessary for each session period. First-time online registrants will need to create an account by going to www.carlsbadconnect.org. To report issues with online registration, call 760-434-2826. ROSTER/ENROLLMENT Instructors are responsible for retrieving their own updated rosters via the class registration software CivicRec. If a participant shows up for a class and they are not listed on the roster, they must provide a copy of their registration receipt prior to participating. Instructors may seek the assistance of the Parks & Recreation staff on duty to resolve any discrepancies and to verify enrollment if necessary. Please note that instructors will not be paid for students or attendees who have not registered for the class through the Parks & Recreation Department. Instructors may not collect registration/drop-in fees. o Fees for classes held after normal business hours should be placed in a facility payment drop box located at each community center. CLASS EVALUATIONS Class evaluations may be conducted randomly at the discretion of the Parks & Recreation Department. If an evaluation is determined, participants should also be notified that evaluation forms are available online and/or instructors may be required to distribute the surveys to their participants. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • • If a registrant can't complete their scheduled classes and requests a refund due to Covid related issues • • • • • Proaram evalua1jons & assessmen1s ... 18 | P a g e PROGRAM ASSESSMENTS The Parks & Recreation Department may observe a program at any time. Each program may be observed, and a formal assessment may be prepared each calendar year. OPPORTUNITY GRANTS Opportunity Grants give Carlsbad residents, the opportunity to participate in recreation classes, camps and aquatic programs that they may not otherwise be able to afford. Grants of up to $300 per person are available to low-income families that live in Carlsbad. Families must meet income eligibility requirements and complete a grant application with supporting documentation. Applications are accepted between mid-April and Dec. 31. Applications will be available at all community centers, aquatic facilities and online during that time. AMERICANS WITH DISABILITIES ACT (ADA) The ADA is federal legislation, which gives civil rights protection to individuals with disabilities similar to those rights provided to individuals based on race, sex, national origin, and religion. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, local and state government services and telecommunications. It is the policy of the City of Carlsbad to fully comply with the provisions of the ADA and to make reasonable accommodations to individuals with vision, or hearing impairments or other disabilities so that they can have an equal opportunity to participate or benefit, unless an undue burden would result. Physical barriers must be removed if removal is readily achievable (i.e. easily accomplished and able to be carried out without much difficulty or expense). If not, alternative methods of providing the services must be offered. Public accommodations may not discriminate against an individual or entity because of the known disability of an individual with whom the public entity or its representatives is known to have a relationship or association. DocuSign Envelope ID: A460C8A5-8A4E-4178-92C9-364039187960 • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY $ $ CA License #0691071 Bannister & Associates Insurance Agency Cert ID 11896 1200 Carlsbad Village Drive Nonprofits Ins Alliance of Calif 06/13/2022 251 Airport Road 06/17/2022 06/17/20232022-10055-UMB A DIRECTORS & OFFICERS INCL 305 17th Street kerry@bai-ins.com 06/17/2022 06/17/20232022-10055 A A A X X X Kerry M Wakely Huntington Beach CA 92648 Carlsbad CA 92008 Oceanside CA 92058 (714) 536-6086 (760) 721-1706 (714) 536-4054 X X X X X 500,000 1,000,000 1,000,000 1,000,000 20,000 1,000,000 Empl Benefits Liab PROFESSIONAL LIAB. IMPROP SEX'L CONDUCT 06/17/2022 06/17/20232022-10055 Included 1,000,000 1,000,000 3,000,000 3,000,000 City of Carlsbad City of Carlsbad, its officers, employees, volunteers and agents are named as additional insureds with respects general liability policy limits. Liability claims arising out of softball game(s) are not excluded under the general liability insurance. TERI, Inc. Limit (each act/aggregate): 06/17/202306/17/20222022-10055-DO-NPO Deductible: 10,000EMPLOYMENT PRACTICES LIAB Page 1 of 1 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 12/24/2021 Arthur J. Gallagher & Co.Insurance Brokers of California, Inc. LIC# 07262931255 Battery Street #450San Francisco CA 94111 NonProfits' United Workers' Compensation Group NONPUNI-01 Safety National Casualty Corporation 15105T.E.R.I. Inc.251 Airport RoadOceanside, CA 92058 1221480948 A XNPU-WCG 001-2022 1/1/2022 1/1/2023 750,000 750,000 750,000 B XSWC SP4065897 1/1/2022 1/1/2023 XS of $750,000XS of $750,000 $2,000,000 (EL)Statutory (WC) City of Carlsbad2965 RooseveltSuite BCarlsbad CA 92008 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS CG 20 37 12 19 2022-10055 Named Insured: T.E.R.I., Inc.* Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. All insured premises and operations. Location And Description Of Completed Operations Name Of Additional Insured Person(s) Or Organization(s) SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and A.B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1CG 20 37 12 19 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION CG 20 10 12 19 2022-10055 Named Insured: T.E.R.I., Inc.* Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. All insured premises and operations. Location(s) Of Covered Operations Name Of Additional Insured Person(s) Or Organization(s) SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 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(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and A. B.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: 1. 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 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 2CG 20 10 12 19 2. 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. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2CG 20 10 12 19 T.E.R.I., Inc.*NAMED INSURED: FORM: NIAC-E26 11 17 POLICY NUMBER: 2022-10055 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following: Name of Person or Organization: SCHEDULE Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. Page 1 of 1NIAC-E26 11 17 1 -□1 NONPROFITS INSURANCE -ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits.