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HomeMy WebLinkAboutAgua Hedionda Lagoon Foundation; 2023-05-30; AGP2022-011 AGP 2022-01 GRANT AGREEMENT FOR AGRICULTURAL CONVERSION MITIGATION FEE PROGRAM (AGP 2022-01) Agua Hedionda Lagoon Foundation This agreement, is made on the day of , 2023, by Agua Hedionda Lagoon Foundation, hereinafter referred to as “Grantee,” and the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City” (the “Agreement.”) City, as Grantor, agrees to provide Grantee the Grant funds awarded to Grantee by City Council Resolution No. 2023-068 in an amount not to exceed sixty-two thousand dollars ($62,000) (“Grant.”) The purpose of the Grant is to provide funds to Grantee for the project outlined in the Agreement Scope attached as Exhibit “A” (“Agreement Scope”). Project Title: AGP 2022-01 - Discovery Center Door & Floor Replacement The grant provided herein is comprised of public funds. These funds are collected in accordance with the Carlsbad Municipal Code Title 21 Zoning – Chapter 21.202.60.D. Agricultural Conversion Mitigation Fee and Expenditure Plan. To ensure that the public funds are used for a public purpose, in accordance with the law, the City and Grantee hereby agree to the following terms. TERMS AND CONDITIONS OF GRANT 1. TERM. The term of this Agreement shall mean the period commencing on the execution date of this Agreement and expiring on March 7, 2024. The term of this Agreement may be extended by mutual written agreement of the parties. The parties will prepare a written amendment indicating the effective date and length of extended Agreement. 2. USE OF AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDS. a. Grant funds are to be disbursed as outlined in this Agreement in consideration of and on condition that the sum be expended in carrying out the purpose as set forth in the Agreement Scope and under the terms and conditions set forth in this Agreement. Grantee agrees to assume any obligation to furnish any additional funds that may be necessary to complete the Agreement Scope. b. In accordance with the Agreement Scope and the City Council approval dated March 7, 2023, all grant funds are to be used by March 7, 2024. Any extension of fund use must be requested in writing at least 30 days prior to the end of the original agreement or sooner to allow time for written amendment and approval in writing by City. 3. CONDITIONS OF FUNDING AND DISBURSEMENT. City shall have no obligation to provide the Grant proceeds or to make any subsequent disbursement of Grant proceeds, and may seek reimbursement of Grant proceeds, if any of the following requirements are not fully satisfied: a. Grantee shall use grant funds to implement the Agreement Scope, including using the Grant funds to only cover expenditures for programs and services incurred during the Agreement Scope dates and under the terms and conditions of this Grant Agreement. b. Grantee shall complete all work in accordance with Agreement Scope. Grantee shall notify the City of events or proposed changes that could affect the Agreement Scope. c. The Grantee shall be responsible for the performance of the work, as set forth herein, and for the preparation of reports required by this Agreement. d. Before Grantee makes any material changes to the Agreement Scope, Grantee will inform City Staff in writing at least 30 calendar days prior to implementing said change. City may request DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 30th May 2 AGP 2022-01 documentation to support the change, and Grantee agrees to submit to the City, in writing, the proposal requesting modifications to the Agreement Scope. Grantee shall make no material changes to the Agreement Scope unless and until City formally approves the Grantee’s request in writing. e. Grantee shall provide full and timely information to the City to update staff on programs and include naming the City in any publications and/or social media, whether in digital or print format, as opportunities arise. f. Grantee shall retain all records and supporting documentation, including expenditure receipts, applicable to the Agreement Scope and this Agreement for a period of five (5) years, and make all records and supporting documentation readily available, upon request, for inspection and/or audit by representatives of the City. g. City will provide Grantee a W9 Form “Request for Taxpayer Identification Number and Certification” which must be signed by Grantee and returned to the City before agreement is executed. 4. RETURN OF GRANT FUNDS. If City determines that Grantee has failed to comply with the terms and conditions of this Grant Agreement without prior written approval by the City, then, upon demand by the City, Grantee agrees to return to the City the amount requested by the City, up to and including an amount equivalent to the full Grant award. Failure of the Grantee to comply with the terms of this Agreement shall not be the cause for return of Grant funds if, in the judgement of the City, such failure was due to no fault of the Grantee. In such case, any amount required to settle, at minimum cost, any irrevocable obligations properly incurred shall be eligible to be paid by Grant funds. However, if, due to a local health order, Grantee is unable to complete all events or requirements of the Agreement Scope, Grantee may be required to return up to the full amount of the award or a prorated amount based on the percentage of the work completed. 5. REQUIRED REPORTS. Failure to complete the following reports may render the recipient ineligible to receive the full and final payment of the Grant award. a. A progress report must be included with each funding disbursement request, or annually from the date the agreement is executed. b. A final report must be submitted to the City no later than thirty (30) calendar days after the Agreement Scope end date. Grantees in noncompliance with the above reporting requirements agree to return some or all of the initial Grant payment if requested by the City. Additionally, if Grantee is found to be in noncompliance, Grantee agrees that for the year immediately following a determination of noncompliance, Grantee shall be ineligible to receive any new grants from the City. 6. DISBURSEMENT OF GRANT FUNDS. The Grant amount to be provided to the grantee, under this Agreement, may be disbursed as follows: a. In accordance with the funding disbursement schedule of the Agreement Scope. b. Any requests for reimbursement must include applicable back-up documentation. 7. PROJECT CANCELLATION. a. If a Grantee wishes to cancel a Project at any time, Grantee shall notify the City in writing within fifteen (15) calendar days of the decision to cancel and Grantee, at the time it provides the City with notice of cancellation, shall return all Grant funds to the City. b. In the event an approved Agreement Scope cannot be completed for any reason, and if Grant funds were disbursed to Grantee, Grantee agrees to return all Grant funds to the City forthwith. DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 3 AGP 2022-01 8. PROJECT MODIFICATION OR TERMINATION. a. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project, or prior to first disbursement of funds. After Project commencement, as outlined in the Agreement Scope, or disbursement of Grant funds, this Agreement may be rescinded, modified or amended only by mutual agreement, in writing, of both the City and Grantee. b. Any changes, whether planned or unanticipated to the Project, including changes due to a local health order must be submitted to City at least seven (7) calendar days before implementation of the change. Proposed modifications will be reviewed on a case-by-case basis, and the City's Housing & Homeless Services Director or designee will notify Grantee in writing whether the proposed changes are approved. 9. LOSS OF GRANT. At the discretion of the City, the following actions may result in a loss of all or in part of any Grant amount allocated to the Grantee: a. A Grantee fails to enter into a signed Agreement with the City within thirty (30) calendar days of receipt of the Agreement. b. Activities associated with Grantee occur that do not align with activities described in the Agreement Scope, including, but not limited to, reduction in services, significant alteration of Agreement Scope elements, such as performers, artists or attendees, or significant changes in budget income, expenses or line-item designations from Grantee’s budget, included in the Agreement Scope. c. A Grantee withdraws or terminates the Agreement Scope. d. A Grantee fails to complete the Agreement Scope and/or fails to submit all required reports and/or documentation before March 7, 2024. 10. COVENANT AGAINST DISCRIMINATION. Grantee will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. Grantee agrees that neither it nor its agents shall discriminate against any clients, prospective clients, employees, prospective employees, contractors, or prospective contractors on the basis of race, color, religion, sex, national origin, age, disability or familial status. 11. NOTICES. a. The names and addresses of the persons who are authorized to give written notices to receive written notice on behalf of City and on behalf of Grantee under this Agreement. b. 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. For Grantee: For City: Agua Hedionda Lagoon Foundation City of Carlsbad Lisa Rodman, Chief Exective Officer Housing & Homeless Services 1580 Cannon Road Nicole Piano-Jones, Senior Program Manager Carlsbad, CA, 92008 1200 Carlsbad Village Drive Email: lisa@aguahedionda.org Carlsbad, CA 92008 nicole.pianojones@carlsbadca.gov 12. INDEMNIFICATION. Grantee hereby agrees to defend, indemnify, and hold free and harmless the City, its officers, officials, employees and volunteers from and against any and all claims, damages, losses, costs (including but not limited to attorney's fees) and liabilities of any kind arising directly or indirectly out of, or related in any way whatsoever to the provision of Grant proceeds. DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 4 AGP 2022-01 13. NO PARTNERSHIP OR JOINT VENTURE. The relationship between City and Grantee is solely that of Grantor and Grantee. Under no circumstances shall City and Grantee be deemed to be partners or involved in a joint venture. 14. MODIFICATIONS. This Agreement may not be modified or amended except by written document executed by a duly authorized representative of both the City and the Grantee. 15. GOVERNING LAW. This Agreement shall be construed in accordance with and be governed by the laws of the State of California. Venue, in the event of a dispute, shall be in the North San Diego County Superior Court. 16. SEVERABILITY. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement, which can be given effect without the conflicting provision. To this end, the provisions of this Agreement are declared to be severable. 17. DRAFTING AMBIGUITIES. Grantee understands that it is aware that it has the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of Grantee. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which either Party participated in the drafting of this Agreement \\\ \\\ DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 5 AGP 2022-01 18.SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. GRANTEE, Agua Hedionda Lagoon Foundation CITY OF CARLSBAD, a municipal corporation of the State of California *By:By: (1st signature here) Geoff Patnoe, Assistant City Manager (Print name/Title) ATTEST: (Date) **By: (2nd signature here) Sherry Freisinger, City Clerk (Print name/Title) (Date) If required by City, proper notary 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: For CINDIE K. McMAHON, City Attorney By: ____________________________ Ron Kemp, Senior Assistant City Attorney DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 Lisa Cannon-Rodman 5/25/2023 CEO fufFP~t- 6 AGP 2022-01 EXHIBIT “A” AGREEMENT SCOPE PROJECT DESCRIPTION, SCOPE, AND BENEFITS The Agua Hedionda Lagoon Foundation acquired the building to be used as The Discovery Center in 2003 as a donation by the Planned Community of Aviara during the development/build out of the that planned housing community. The building was constructed in the 1990’s, and thus not only does the AHLF have a recycled building; it is also an outdated building for modern times and in need of much repair. Through the AHLF’s 19-year history since owning and operating the Discovery Center, small patchworks have been made to ensure the Center’s safety, viability and use, however we are now in need of larger repairs to allow us to best serve our community. Embarking on a large remodel is not new to the AHLF. In 2017 we completed a successful capital campaign to build out our Extended Parking Lot and Educational Nature Nodes which included storm water regulations, electrical enhancements and permits as well as the fundraising efforts which the community wholeheartedly came together on. Our fearless leaders, the late Dave Kulchin and AHLF Board Chair at the time, Ian McDaniel lead us through this effort, and we now have every nature node being used daily to educate our many students through the program offerings onsite here at the Discovery Center. This remodel, although dwarfing in size to our Capital Campaign, is going to have a large impact on the accessibility and safety of the Center. We have broken up the project into three phases, which if fully funded will allow us to compete all three. • Phase 1: External Door Replacements (most significant) • Phase 2: Flooring Replacement • Phase 3: Internal Door Replacements (only if entirety of requested funds are secured) The external door replacements are of most need and significance to this project because it ensures the safety of the property as well as accessibility to the Discovery Center. Currently, many small patches have been made to the doors to allow them to “properly” open and close, but as soon as one rainstorm comes, they all swell to the point of not being able to be open/shut. The scope of phase 1 includes hiring a contractor, ordering the needed hardware, baseboard, doors and paint and completing installation. We suspect that the door replacements will require some removal of the current flooring as well as damages, which is why the doors are phase 1, with phase 2 consisting of the flooring replacements. Figures 1 and 2 show the deteriorating floors at the end of this document. Phase 2 includes replacing the flooring inside of the Discovery Center. With a secured donation of flooring two years ago, we are only in need of hiring the labor for removal and installation of the flooring as the scope of work for this phase. Over the 17 years since the opening of the Discovery Center (in 2006), an immeasurable amount of wear and tear has occurred to our flooring. Many dings are showing due to the movement of exhibits, tables and chairs and equipment over the years. Much of the area is thinned, faded of color, and showing marks where items were dragged. Our estimated and approximate foot traffic currently each year is: DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 7 AGP 2022-01 • 50,000 visitors • 1000 volunteers • 40 preschoolers daily • 75 kids on average each school day for our Academy of Environmental School Fieldtrips • 8 yogis weekly during our yoga classes • 36 campers daily during our Discovery Kids Camps • Onsite meetings, outreaches end events 5,000+ • Other Educational Programming: 1000+ • Rentals 3,500+ Our community programs, educational efforts and offerings strive to provide education on environmental issues, its importance and the overall needs of nature and our watershed. The Discovery Center acts as the community clubhouse and educational hub allowing these programs to run. Our programs can only be fulfilled if the discovery Center building is functional and operational, which these grant funds can provide. Images of the current state of the flooring are shown in figures 4, 5 and 6 below. Lastly, phase 3 would only be implemented if full requested funds were secured and includes removal and replacement of our indoor doors such as to the offices, bathrooms and display areas. We have secured $15,000 from the County of San Diego Reinvestment Funds for this project. If the City of Carlsbad were to grant us $62,000, we would have $77,000 and with these funds, would be able to add the internal doors onto the project. These doors are not in as dire need of replacing as the external doors but would be next on our refurbishment process and allow easier access inside of the building. The indoor doors our more easily replaceable, and would not need a contractor, but just our inhouse employee for the labor - our Trails and Facilities Manager to complete. The improvements provided in this proposal enhance our existing lagoon nature center to the benefit of the Carlsbad Community. This capital improvement will allow the DC to continue to be Stewards of the Watershed as we inspire future generations, so we all have access to a healthy lagoon. A safe space in nature…for all. DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 8 AGP 2022-01 Figure 1: External Door Replacement Needed 1 Figure 2: External Door Replacement Needed 2 (Phase 1) (Phase 1) Figure 3: Flooring Wear and Tear 1 Figure 3: Flooring Wear and Tear 2 (Phase 2) (Phase 2) DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 9 AGP 2022-01 Itemized Budget and TimeLine Category Designation Category Description Projected Cost Estimated Completion 1. Phase 1 - Door Replacement $46,000 Aug-23 1.1 Hire contractor $10,500.00 April-23 1.2 Order doors and base board $25,000.00 June-23 1.3 Paint all doors and baseboard $6,000.00 July-23 1.4 Installation $4,500.00 July-23 2. Phase 2 - Floor and Baseboard Installation $16,000 July-23 2.1 Remove exhibits/prep floor $2,000 July-23 2.2 Remove flooring and associated baseboard $4,000 July-23 2.3 Install new flooring and baseboards $ 10,000 July-23 2. Phase 3 - Internal Door Replacement & Installation $15,000 Dec-23 3.1 Purchase Replacement Doors for Internal Offices, Bathrooms and Exhibits $12,000 July-23 3.2 Remove internal doors (labor) $1,500 July-23 3.3 Replace internal doors (labor) $1,500 July-23 Total Requested Funding: $62,000.00 Total Project Cost: $77,000.00 DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 AU IBIIIIIIA UIIIIIRUMIDN Board of Directors Jani Jackson Chairwoman Rachel lvanovlch Past Chairwoman Lynnell Talone-Honda Vice-Chairwoman Stacy Hall Treasurer Diana LaCroix Secretary Lauren Brimmer Sachln Chawla Rocco Ciesco Julie Gibbs Linda Hammond, Ph.D. Kimberly Holmes John Johnson Diane Proulx Chris Shaver Maureen Simons Kim Shea Amanda Smith David Tweedy, Ph.D., MHA Staff Lisa Rodman . Chief Executive Officer Samantha Richter Chief Operations Officer Emlly Bonds Director of Education Al Cerda Jr. Trails and Facilities Manager AGUA HEDIONDA LAGOON FOUNDATION Board Resolution AGP 2022-01 Agricultural Convenion Mitigation Fee (ACMF) Grant Award . Purpose: This Resolution of the Board of Directors of the Agua Hedionda Lagoon Foundation (Foundation) approves the grant award from the ACMF with the City of Carlsbad and appoints Lisa Cannon-Rodman as the authorized individual to execute the grant agreement. Resolution WHEREAS, The City of Carlsbad Agricultural Mitigation Fee Grant Program supports certain agricultural, coastal or wetland restoration projects that enhance quality of life in Carlsbad. Funding for the grants come :from fees that are paid by developers when agricultural land in the city's coastal zone is used for development. WHEREAS, the Foundation Board of Directors wishes to assign Lisa Cannon- Rodman as the authorized individual to execute the ACMF grant agreement. NOW TIIEREFORE BE IT RESOLVED THAT: The Foundation Board of Directors does hereby confirm that Agua Hedionda Lagoon Foundation is a non- profit California corporation under the laws of the State of California; PASSED, APPROVED and ADOPTED by the Board of Directors of the Agua Hedionda Lagoon Foundation this 10111 Day of March, 2023. By: I. -A( :::1tti2.~ Jani Jar'8°n, Chaifwoman ~ r-- Attest:@~ c{;c 011e,c,<: Diana LaCroix, Secretary A Callfomia Public Benefit Corporation • 501 (c)(3) Exempt • TIN: 33-0411888 1580 Cannon Road, Carlsbad CA, 92008 • 760.804.1969 • www.aguahedlonda.org 05/23/2023 Brubaker & Associates, Inc. 2585 Pio Pico Drive Suite 100 Carlsbad, CA 92008 License #: 0F06620 Vira Rodriguez (760)729-1800 (760)729-1380 vira@aviains.com 00100657-861578 36 Agua Hedionda Lagoon Foundation DBA AHLF 1580 Cannon Rd Carlsbad, CA 92008 NonProfits Insurance Alliance A Y 2022-71636 12/16/2022 12/16/2023X X X 1,000,000 500,000 20,000 1,000,000 2,000,000 2,000,000 NonProfits Insurance Alliance A Y 2021-71636 12/16/2022 12/16/2023XX 1,000,000 1,000,000 The City of Carlsbad, its officers, employees, volunteers, and agents are named as Additional Insured per endorsement CG 2026 1219, per written contract for event: Agua Hedionda Lagoon Foundation Tip Top Run on 3/18/2023. City of Carlsbad Housing and Neighborhood Svc 1200 Carlsbad Village Drive Carlsbad, CA 92008 (VMR) Printed by VMR on 05/23/2023 at 02:13PM ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOSHIREDNON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ IRIZED REPRESENTATIVE !/ vu;.,, h ,..,1,. :... ~ ,,, I ---17 /1 © 1988-2015 ACt'JRI DocuSign Envelope ID: 0FAD335F-C8AA-4469-8672-EA2489C8BE09 POLICY NUMBER: 2022-71636 Named Insured: Agua Hedionda Lagoon Foundation COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City Of Carlsbad, its officers, employees, volunteers and agents are named as additional insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -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. CG 20 26 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 1