The URL can be used to link to this page

Home My WebLink AboutFeeding San Diego; 2023-06-01; PSA23-2162ENVPSA23-2162ENV 1 City Attorney Approved Version 12/28/2022 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FEEDING SAN DIEGO FOR EDIBLE FOOD RECOVERY SERVICES – OPERATIONS This Agreement is made and entered into as of the __________ day of __________________, 2023, by and between the City of Carlsbad, a municipal corporation (“City”) and Feeding San Diego, a California non-profit corporation (“Contractor”). RECITALS City has received grant funding through the CalRecycle SB 1383 Local Assistance Grant Program (OWR1)- FY2021-2022 (“Grant”); and To fully utilize the Grant funds, City requires the services of an edible food recovery program provider to increase edible food recovery in the City; and Contractor has the necessary experience in providing these services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work; and 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 Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2.TERM Unless otherwise terminated in accordance with the terms of this Agreement, this Agreement will be effective upon the Effective Date written above until April 15, 2024 (the “Agreement Term”). The City Manager may amend the Agreement to extend it for two (2) additional one- 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. 3.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty-thousand dollars ($20,000). City shall pay Contractor for the performance of all Services rendered in accordance with the Rate Sheet attached and incorporated herein as Exhibit “B.” 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 twenty-thousand dollars ($20,000) 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." DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 1st June PSA23-2162ENV 2 City Attorney Approved Version 12/28/2022 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain per occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 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. Workers' Compensation limits shall be 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. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. /// /// /// /// /// /// DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 PSA23-2162ENV 3 City Attorney Approved Version 12/28/2022 7. 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 (Agreement Administrator) For Contractor Name Avecita Jones Name Becky Gower Title Senior Program Manager Title Senior Grants Manager Department Environmental Sustainability Address 9477 Waples St., Ste.100 City of Carlsbad San Diego, CA 92121 Address 1635 Faraday Avenue, Phone No. 858-283-8961 Carlsbad, CA 92008 Email bgower@feedingsandiego.org Phone No. 442-339-2646 Email FoodRecovery@carlsbadca.gov 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. 8. 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 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. Contractor shall comply with all applicable provisions of the Grant Procedures and Requirements, which are attached and incorporated herein as Exhibit “C,” including submission of a Reliable Contractor Declaration. Contractor shall also comply with all requests from City for documents or information necessary for City to comply with the Grant terms. 10. TERMINATION City may terminate this Agreement for any reason by tendering thirty (30) days written notice to Contractor. In the event Contractor intends to discontinue business or the Program, Contractor may cancel the Agreement by providing the City with a written 30-day notice of termination of the Agreement. In the event of termination, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. X DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 □ □ PSA23-2162ENV 4 City Attorney Approved Version 12/28/2022 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 PSA23-2162ENV 5 City Attorney Approved Version 12/28/2022 15.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 FEEDING SAN DIEGO, a California non- profit corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Dan Shea, Chief Executive Officer (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 PSA23-2162ENV 6 City Attorney Approved Version 12/28/2022 EXHIBIT A SCOPE OF SERVICES Background and Purpose: The City of Carlsbad (City) and Feeding San Diego (Contractor), a non-profit organization, are proposing to expand food rescue from local commercial edible food generators through the implementation of the CalRecycle SB 1383 Local Assistance Grant Program (OWR1) FY2021-2022 (Grant) the City received. Based on the Eligible Costs and Metrics in Table 1 below, Contractor estimates that this Agreement will result in [total monthly pounds from Table 1] pounds per month of surplus edible food being recovered in Carlsbad and redistributed to the San Diego region’s food insecure population. Complete Table 1 below by filling in proposed additional edible food recovery per month in pounds (lbs) next to each eligible activity being provided. The Grand Total is the total monthly pounds recovered (sum of proposed food recovery per month and the baseline monthly food recovery in Carlsbad) multiplied by the number active agreement months. As described herein, Contractor will provide the Services as described in this Exhibit “A” to expand Grantee's food donation capacity in Carlsbad, increasing the number of donations they can accept, and in turn provide healthy food to the community. This will better position the Grantee to receive, store, process, and distribute the new influx of recovered food. Contractor responsibilities include: Contractor shall submit monthly invoices with accompanying timesheets to City by the 15th of each month, for prior month’s reimbursable activities. Timesheets should indicate the title and hourly billing rates from approved rate schedule as shown in Exhibit “B” for each approved team member recovering edible food. Pricing shall remain firm for the term of the Agreement. Please note that the Agreement will not allow for annual adjustments to the rate schedule. Contractor will prioritize operations activities to increase food rescue or distribution of surplus edible food from commercial edible food generators within the City of Carlsbad. Activities may include collection, receiving, storage, processing, portioning and repackaging, preparing meals, and distribution of meals and rescued food items. Contractor will continue to operate its food rescue and distribution operations, located at 9477 Waples Street, Suite 100, San Diego California 92121. Contractor will recover edible food in Carlsbad, at minimum, the pounds identified in the Grand Total in the Eligible Metrics Exhibit “A,” Table 1. Contractor will weigh all donation items per donation site in Carlsbad and provide each one of them with the information in pounds recovered, including an inventory by category of items. Contractor will utilize its staff and collection vehicles to conduct food donation collection in this program. DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 PSA23-2162ENV 7 City Attorney Approved Version 12/28/2022 Contractor shall maintain compliance with all federal, state, and local land use, regulatory, and permit requirements. Contractor will be required to obtain and maintain a valid business license with the City of Carlsbad during the service agreement. Contractor will work with edible food generators servicing the City to determine the best food donation collection system, including location, days, times to pick up the donation, and containers to store and transport the food being donated. Contractor will monitor and report the additional food donated and distribution activities through the Grant Term using the Progress Report format provided by the City, using the following report schedule: *If Service Agreement is extended, additional progress reports will be due. Contractor will communicate with City if there are organizational changes or if organization will be moving or closing within the Agreement Term. City responsibilities include: City will submit the invoice to CalRecycle for reimbursement by the Grant. City will review, process, and pay monthly invoices submitted by the Contractor based on the rate schedule in Exhibit “B.” No mileage or materials will be reimbursed. City will evaluate Contractor's progress reports and provide necessary feedback to make sure it is meeting Grant goals and reporting requirements. City will schedule regular check-in meetings between Contractor and City. Progress Report #* Covering Agreement Activities from: Due Date to City Staff: #1 Agreement Effective Date through June 30, 2023 7/15/2023 #2 July 1, 2023, through Dec. 31, 2023 1/15/2024 #3 Jan. 1, 2024, through March 31, 2024 4/15/2024 Exhibit A (cont'd) DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 Table 1. Eligible Costs and Metrics Eligible Costs Metric for Measuring Edible Food Recovered Proposed Food Recovery (additional lbs per month) in Carlsbad Funding for labor that will result in an increase in the number of additional Tier 1 and Tier 2 food generators serviced. (Other food generating businesses in Carlsbad may also be considered) Increase in pounds rescued per additional site per month and quantity and names of additional generators 2,000lbs per month Funding for labor that will result in an increase of the number of meals served using additional rescued food. Increase in meals per month (converted to pounds recovered) using additional rescued food Funding for labor that will result in an increase in the number of mobile deliveries using additional rescued food. Increase in the number of deliveries using additional rescued food shown in increased pounds per month rescued Funding for labor that will result in an expanded number of distribution sites or expanded hours or number of open days at distribution sites where additional rescued food will be available. Increase in number of distribution sites per month, or Increase in open hours/days per month, or Additional pounds rescued at additional sites and/additional public open hours Funding for labor that would increase the volume of rescued food by additional aggregation, sorting, and packaging of meals. Additional pounds of food rescued per month OR additional meals made 3,600 lbs per month Funding to pay for additional drivers that will result in additional donor pickups and additional food rescued. Quantity of additional donor pickups and Increase in additional pounds rescued from those donors in pounds per month Funding for labor to turn end-of-life foods into value-added products. Additional pounds per month of end-of-life food rescued that would otherwise be disposed. Total Additional Monthly Pounds Recovered: 5,600 8 PSA23-2162ENV EXHIBIT A (cont'd) Complete Table 1 below by filling in proposed additional edible food recovery per month in pounds (lbs) next to each eligible activity being provided. The Grand Total is the total monthly pounds recovered (sum of proposed food recovery per month and the baseline monthly food recovery in Carlsbad) multiplied by the number active agreement months. DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 I ~ Baseline Monthly Food Recovery in Carlsbad (from the Application) 61,910 Total Monthly Pounds Recovered 67,510 Grand Total: 810,120 (12 month period) EXHIBIT A (cont'd) 9 PSA23-2162ENV DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 PSA23-2162ENV 10 EXHIBIT B RATE SCHEDULE OPERATIONS FUNDING PROGRAM RATE SCHEDULE RATE SCHEDULE – Feeding San Diego Rate schedule should indicate the title and hourly billing rates for each team member recovering edible food. No subcontractors allowed. Pricing shall remain firm for the term of the Agreement. Please note that the Agreement will not allow for annual adjustments to the rate schedule. Mileage and materials reimbursement are not allowable. Monthly invoices and timesheets with description of tasks performed for approved project team members will be required for reimbursement by the City. While staff may change throughout the agreement, only the billing titles and associated hourly rates listed will be eligible for funding. APPLICANT NAME: Staff Name Staff Title Hourly Rate Lindsey Bogott Food Rescue Coordinator, North County $26.27 DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 PSA23-2162ENV 11 EXHIBIT C CALRECYCLE GRANT TERMS DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 Table 1. Budget Examples Budget Category Name Examples (This is not an all-inclusive li st) lndlrect1 Costs associated with operating and maintaining facilities, utilities, background checks and certification fees. permitting fees. all types of insurance. travel and mileage for personal vehicles used for food recovery or prevention activities, indirect supervision/management and consultant fees, etc. Construction Electrical, plumbing, engineering costs, site preparation, installation, kitchen design and construction/improvement, etc. Education and Outreach' Materials such as fl iers, brochures, signs, etc. Note: Salaries covering personnel to conduct education and outreach activities should be listed under Personnel. EquipmentJ Equipment includes the following subcategories: • Food preparation and kitchenware • Materials (packaging, crates/bins for food storage, gloves, boxes, liners, GPS, PPE, etc.) • Refrigeration, freezers, refrigeration systems, etc . • Software such as food waste online exchange/logistics and source reduction platforms, etc. • Vehicles and vehicle wraps or identification Maintenance Service or repair of grant-funded equipment and vehicles, vehicle modification for storage and shelving, fuel and/or ri,ileage [at State rate for travel reimbursements (https://www.calhr.ca.gov/employees/Pages/travel- reimbursements.aspx0) for grant-funded vehicles, etc. Personnel4 Salari es including: staff conducting outreach and education efforts, technical assistance for software support 1 Indirect costs are capped at 1 0 percent of total requested grant amount, see Indirect Costs section under Grant Cycle Overview. 2 Public education and outreach may not exceed 1 0 percent of the applicant's requested grant amount. 3 Software (food waste online exchange/logistic and source reduction platforms) may not exceed 25 percent of the applicant's requested grant amount, and it may not exceed $50,000. 4 Salaries may not exceed 65 percent of the applicant's requested grant amount. Grant- funded jobs must be related to the proposed project and may not exceed $75 per hour. Applications Guidelines and Instructions Edible Food Recovery Grant Program, EFR1 (FY 2021-22 and FY 2022-23) 16 PSA23-2162ENV 12 Exbhit C (cont'd) DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 Budget Category Name Examples (This is not an all-inclusive list) or progra m development, food rescue drivers, warehouse workers, kitchen staff, etc. Transportation Services Food recovery transportation services provided by third- party providers (invoices must be submitted). Eligible Costs Grantees may incur eligible costs only during the Grant Term, which starts when the grantee receives a Notice to Proceed from CalRe cycle and ends on Apri l 3, 2024. See "Grant Term" for additional information. All grant expenditures must be for activities. products, and costs specifically included in the approved Work Plan and approved Budget. To be eligible for reimbursement, costs must be incurred and fully paid (payments must be cleared), and all grant-funded items must be rece ived by the grantee, after receiving a Notice to Proceed and before the end of the Grant Term. All services must be provided and goods received during this period in order to be eligible costs. Invoices for goods and services must be paid by the grantee prior to the incl usion of those goods or services on a payment request. Eligible costs include, but are not limited to the following : • Refrigerators, freezers, and refrigeration systems. • Vehicles such as refrigerated trucks . • Transportation such as third party food transportation services. • Storage and collection infrastructure such as food crates and bins . • Materials and equipment related to health and safety such as Personal Protective Equipment (masks, gloves, sanitation, etc.). • Food preparation and cooking items such as ovens. ranges , etc. • Salaries up to 65 percent of the applica nt's requested grant amount (all grant- funded jobs must relate to the proposed project and hourly wages shall not exceed $75 per hour fo r direct personnel costs). • Public education and outreach costs up to ten percent of the applicant's requested grant amount. • Activities or equipment to modernize production and handling practices, and/or ordering practices, which result in the measurable prevention of food waste. • Softw are (food recovery online exchange platforms) up to 25 percent of the appli cant's requested grant amount, not to exceed $50,000 . PSA23-2162ENV 13 Exbhit C (cont'd) DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 Ineligible Costs Any costs not specifically included in the approved Budget and not directly related to food recovery or food waste prevention and the approved grant project are ineligible for reimbursement. The gra ntee should contact the Grant Manager if clarification is needed. Ineligible costs include, but are not limited to: • Costs incurred prior to the date that CalRecycle sends the Notice to Proceed ema il or after April 3, 2024. • Indirect Costs exceeding ten percent of the applicant's total requested amount. • Food waste dehydrators (https://www.calrecycle.ca.gov/organics/food/commercial/dehydrators) and Ii q uefiers (https://www. cal recycle. ca .gov /organics/food/commercial/I iq uefi ers ). • Activities or equipment already funded by other agencies using California Climate Investments funds. • Environmental review for project permitting, including the preparation of Environmental Impact Reports or re lated documents. • Purchase, rent, or lease of land or buildings. • Compost bins and composting equipment. • Cardboard balers. Indirect Costs Ind irect costs can be claimed by the grantee. The following guidelines must be used when claiming these costs. • Total indirect costs shall not exceed ten percent of the applicant's total requested amount. o These costs are expenditures not capable of being assigned or not read ily itemized to a particu lar project or activity, but considered necessary for the operation of the organization and the performance of the program. o Examples of indirect costs include, but are not limited to: the costs of operating and maintaining facilities, accounting services, admi nistrative sa laries (management not directly working on the grant project), all types of insurance, roadside assistance, utilities, background checks, safe food handling certification, and travel expenses are examples of indirect costs. • All indirect costs charged to the grant must be associated with grant activities as shown in the approved Budget. • Personnel costs associated w ith supervision performed by managers and supervisors is an indirect cost. However, if a manager or supervisor performs an activity that is directly related to the execution of the grant (not supervising staff working on the project), costs associated with th is activity may be included as a direct charge. Such activity must be clearly supported by appropriate documentation and shall not be charged to the grant as an ind irect cost. • The grantee must maintain organized and accurate records that follow generally accepted accounting principles and leave an audit trail. The grantee must provide access to all documents related to the grant program and fiscal operation of the grant program as deemed necessary by Cal Recycle. PSA23-2162ENV 14 Exbhit C (cont'd) DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 • Tax preparation. • Food. o This grant will not reimburse for the purchase of food of any kind. • Costs deemed unreasonable or not related to the grant project by the Grant Manager. 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 5/25/2023 Arthur J. Gallagher Risk Management Services, LLC2850 Golf RdRolling Meadows IL 60008 630-773-3800 630-285-4062 StarNet Insurance Company 40045 FEEDSAN-01 CompWest Insurance Company 12177Feeding San Diego9477 Waples Suite #100San Diego CA 92121 1748993942 A X 1,000,000 X 1,000,000 20,000 1,000,000 2,000,000 X 8585014-12 10/1/2022 10/1/2023 2,000,000 A 1,000,000 X X X 8585014-12 10/1/2022 10/1/2023 A X X 5,000,0008585014-12 10/1/2022 10/1/2023 5,000,000 B XCW WCP 100062733 01 10/1/2022 10/1/2023 1,000,000 1,000,000 1,000,000 City of Carlsbad is an Additional Insured as respects to the general liability policy, pursuant to and subject to the policy's terms, definitions, conditions andexclusions. Included on form CG2026 AI-Designated Pers/Org Waiver of Subrogation applies to certificate holder, as respects to the general liability policy, pursuant to and subject to the policy's terms, definitions, conditionsand exclusions. On attached form City of Carlsbad/CMWDc/o All City ProjectsP.O Box 947Murrieta CA 92564 DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 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 c/o All city projects P.O. Box 947 Murrieta, CA 92564 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 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809 232 ) !"#$%&'()$*%"&)& "&&&()&(#&'(""++!!""+$,*-. /010112 314223 !566 "7 !# # $%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 232 ) @56A @5 A G5 ' $ :$ ' J / 2 < G $ E < $ / $=. / &;!H!"3 &,+" # #$ ;9 :46,2)1 8 4#9).7*1 DocuSign Envelope ID: 14D9B425-BC25-4799-A2B8-376AC3308809