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HomeMy WebLinkAboutPSC Investigations; 2026-08-10;Docusign Envelope ID: 44D1417E-9802-810F-8116-9EEE7980FA 1B AGREEMENT FOR BACKGROUND INVESTIGATION SERVICES PSC INVESTIGATIONS, LLC THIS AGREEMENT ("Agreement") is made and entered into as of the 10th day of August 20~, by and between the City of Carlsbad, California, a municipal corporation ("City") and PSC Investigations, a limited liability corporation, ("Contractor"). RECITALS A. City requires the professional services of a qualified contractor to provide as- needed comprehensive pre-employment background investigation services for the Carlsbad Fire Department. B. Contractor has the necessary experience in providing professional services and advice related to professional background investigations. 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 in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services ("Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) years or parts of a year. 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. City Attorney Approved 10/23/2025 Page 1 Docusign Envelope ID: 44D 141?E-9802-810F-8116-9EEE7980FA 1B 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed fifty thousand dollars ($50,000.00) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed fifty thousand dollars ($50,000.00) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit "A" or agreed to in writing by the parties. 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." 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 the 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 this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved 10/23/2025 Page 2 Docusign Envelope ID: 44D1417E-9802-810F-8116-9EEE7980FA1B 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless the City and its officers, elected and appointed 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 in this Agreement caused by any negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a "design professional" (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor's liability for such claim, including the cost to defend, shall not exceed Contractor's proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under City's self-administered workers' compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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 City as an additional insured. City Attorney Approved 10/23/2025 Page 3 Docusign Envelope ID: 44D1417E-9802-810F-8116-9EEE7980FA1 B 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved 10/23/2025 Page 4 Docusign Envelope ID: 44D141 ?E-9802-81 0F-8116-9EEE7980FA 1 B 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For Cit~: For Contractor: Name Nate Pearson Name Michael Hernandez Title Division Chief Title Owner Dept Fire Address 410 Rock Ridge Place CITY OF CARLSBAD ESCONDIDO, CA 92027 Address 2560 Orion Way Phone 760-509-5061 Carlsbad, CA 92010 Email mluishernandez1016@gmail.com Phone 442-339-2100 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. City Attorney Approved 10/23/2025 Pages Docusign Envelope ID: 44D1417E-9802-810F-8116-9EEE7980FA 1B 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes □ No ISi If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board {CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced­ clea n-fleets. 20. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. City Attorney Approved 10/23/2025 Page 6 Docusign Envelope ID: 44D141 ?E-9802-81 0F-8116-9EEE7980FA 1 B 21. 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. 22. TERMINATION In the event of 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 (S) 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 thirty (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. 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. 23. 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. City Attorney Approved 10/23/2025 Page 7 Docusign Envelope ID: 44D141 ?E-9802-81 0F-8116-9EEE7980FA 1 B 24. 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 attorneys 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. 25. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. 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. 26. 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. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 28. 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. This Agreement may be executed in counterparts. City Attorney Approved 10/23/2025 Pages Docusign Envelope ID: 44D141 ?E-9802-81 0F-8116-9EEE7980FA 1 B 29. 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. Executed by Contractor this_7_th ____ day of August CONTRACTOR PSC Investigations, a limited liability company By: fttiduu t\-U11MUA,~ (sign here) Michael Hernandez, Owner (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Michael Calderwood, Fire Chief ATTEST: SHERRY FREISINGER, City Clerk By: Deputy/ Assistant City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: -------------Senior Assistant City Attorney City Attorney Approved 10/23/2025 Page g Docusign Envelope ID: 44D141 ?E-9802-810F-8116-9EEE7980FA 1 B EXHIBIT A SCOPE OF SERVICES AND FEE PSC Investigations, LLC ("Consultant") shall provide professional investigative services to the City of Carlsbad and its Fire Department ("City") on an as-needed basis. Services may include pre-employment background investigations, administrative investigations, and related investigative support. 1. Background Investigation Services Consultant shall conduct comprehensive pre-employment background investigations for Fire Department applicants in accordance with applicable federal, state, and local laws, California Commission on Peace Officer Standards and Training (POST} background investigation guidelines, and City policies and procedures, as applicable. Services may include, but are not limited to: • Review and assess applicant-submitted documentation and supporting materials. • Coordinate and monitor personal history statements, background, and reference questionnaires. • Conduct applicant residence verification and home visits, when authorized. • Conduct neighborhood inquiries, when authorized. • Verify employment history, including employer interviews and personnel file reviews, when authorized. • Request criminal history inquiries from law enforcement agencies with jurisdiction over the applicant's prior residences, as permitted by law. • Review and evaluate reference questionnaires. • Interview personal and professional references, including individuals not identified by the applicant when appropriate. • Verify prior applications submitted to other law enforcement or public safety agencies and review the disposition of those applications, when available. • Prepare a comprehensive investigative report using the City's required format or POST­ recommended format. • Perform internal quality assurance review of investigative reports prior to submission. • Submit completed investigative packages to the City's designated representative. Consultant shall conduct investigations objectively and without bias. Consultant shall evaluate candidate behaviors and qualifications based solely on job-related factors and applicable legal requirements. Consultant shall not make hiring recommendations or provide opinions regarding an applicant's suitability for employment unless specifically requested by the City. Consultant shall make reasonable efforts to complete background investigations within thirty {30} calendar days after receipt of all necessary information and authorization from the City. Completion time may vary depending upon the availability of records, references, and other factors outside Consultant's control. City Attorney Approved 10/23/2025 Page 10 Docusign Envelope ID: 44D141 ?E-9802-81 0F-8116-9EEE7980FA 1 B 2. Administrative Investigation Services Consultant shall conduct independent administrative investigations involving allegations of employee misconduct or other personnel matters as authorized by the City. Services may include: • Reviewing complaints and relevant documentation. • Planning and conducting investigative interviews. • Collecting and evaluating documentary, electronic, photographic, audio, and other evidence. • Preparing written investigative reports that objectively summarize investigative findings. • Maintaining investigative records in accordance with applicable legal and confidentiality requirements. • Providing investigative consultation and testimony, if requested by the City. Administrative investigations involving firefighters shall be conducted in accordance with all applicable provisions of California law, including the Firefighters Procedural Bill of Rights (FBOR), when applicable, and other governing statutes, regulations, and City policies. 3. Consultant Qualifications All investigators assigned under this Agreement shall possess appropriate investigative experience and maintain all licenses required by the State of California to perform private investigative services. Consultant shall ensure assigned personnel are knowledgeable regarding applicable employment laws, investigative standards, confidentiality requirements, and professional ethics. 4. City Responsibilities The City shall: • Provide Consultant with assignments and investigative authorization. • Furnish available applicant or employee records and supporting documentation necessary to perform the requested services. • Conduct hiring functions and governmental records requests retained by the City. • Designate a City representative to coordinate assignments and communications with Consultant. 5. Deliverables Consultant shall provide, as applicable: • Completed background investigation reports. • Administrative investigation reports. • Supporting investigative documentation. • Status updates upon request by the City. • Testimony or consultation related to completed investigations, if requested. City Attorney Approved 10/23/2025 Page11 Docusign Envelope ID: 4401417E-9802-810F-8116-9EEE7980FA 1 B 6. Compensation The City shall compensate Contractor for services performed under this Agreement in accordance with the following fee schedule: • A flat rate of $1,400.00 shall be paid for each completed pre-employment background investigation report. • If a background investigation is discontinued prior to completion at the City's direction due to applicant disqualification, non-selection, withdrawal, or any other reason, Contractor shall be compensated at the rate of $50.00 for work performed through the date of termination. • Travel expenses associated with investigations conducted outside the local service area may be reimbursed only when approved in advance by the City. Any such travel costs shall be reasonable, necessary, and mutually agreed upon in writing on a case-by-case basis. • Administrative investigation services, if requested by the City, shall be compensated at an hourly rate of $125.00. Annual Agreement compensation, including all reimbursable expenses, shall not exceed fifty thousand dollars ($50,000.00). City Attorney Approved 10/23/2025 Page 12 Docusign Envelope ID: 44D141 ?E-9802-810F-8116-9EEE7980FA 1B ---, ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 03/29/2026 PSCIN-1 OP ID· MN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 760-471-7116 ij~ij!~CT Michelle A Nowell Alliance Mgt. & Insurance Serv PHONE 760-471-7116 I r..e~. No): 760-471-9378 355 Via Vera Cruz #7 (A/C, No, Ext): CA A~ent/Broker Lie# 0737966 San arcos, CA 92078 ~~D~~ss, mnowell@amiscorp.com Michelle A. Nowell INSURER/$\ AFFORDING COVERAGE NAIC# INSURER A: StarStone Specialtv Ins Comp 44776 p'g81~~estigations LLC INSURER B: Michael L Hernandez INSURER C: 410 Rock Ridie Place Escondido, C 92027 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~J: TYPE OF INSURANCE :'.?Pr\-~.~~~ POLICY NUMBER .f9LICYEfF .. POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ ~ CLAIMS-MADE [K] OCCUR ~~~~~~J9E~~~6.7r~nce\ X WSGP001666 03/21/2026 03/21/2027 $ 100,000 X Errors & Omission MED EXP /Anv one oersonl $ 5,000 ~ PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 ~ POLICY □ ~r8r □ LOG PRODUCTS· COMP/OP AGG $ 1.000.000 OTHER: $ A AUTOMOBILE LIABILITY YE~~~~~~~llNGLE LIMIT $ 1,000,000 ANY AUTO WSGP001666 03/21/2026 03/21/2027 BODILY INJURY /Per oerson\ $ --OWNED SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY /Per accident\ $ X ~URT'Ws ONLY X ~Bfo~~'t~ FP"i.9~2'c~d\rRAMAGE $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE s - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I ~-\JrnTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is named as additional insured with respect to the work performed by the named insured. Investigations, CA -- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 2560 Orion Way Carlsbad, CA 92010-7240 AUTHORIZED REPRESENTATIVE ~~~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 44D 141?E-9802-81 0F-8116-9EEE7980FA 1 B Company: StarStone Specialty Insurance Company Policy Number: WSGP001666 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED 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) Location(s) Of Covered Operations Automatic Status Included Where Required by Automatic Status Included Where Required by Written Contract. Written Contract. Additional Information: 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 or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your operations for the additional insured at the location shown in the Schedule. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; b. 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; and c. Regardless of the date of any "occurrence" or when the injury or damage first occurs or is first discovered, a person's or organization's status as an additional insured under this endorsement ends upon the earliest of: (1) The completion or termination of the contract or agreement between you and the SSS-CWSG-END-023-CW 09 23 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. Docusign Envelope ID: 44D141 ?E-9802-81 0F-8116-9EEE7980FA 1 B additional insured for the location shown in the Schedule; (2) The date you cease actively performing operations for the additional insured at the location shown in the Schedule; or (3) The expiration or termination date of the policy or this endorsement. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to liability or damages for "bodily injury", "property damage", or "personal and advertising injury": 1. Caused by, arising from, or included in the "products-completed operations hazard"; 2. Arising out of the additional insured's sole negligence; 3. Arising out of work or operations performed by you that were completed prior to the effective date of this endorsement; or 4. Which continues or progressively deteriorates after you cease actively performing operations for the additional insured at the location shown in the Schedule, even if the injury or damage first occurred, or is alleged to have first occurred, during the course of your operations for the additional injured. C. Solely for purposes of this endorsement, the following definition is deleted in its entirety and replaced by the following: 1. '"'Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: a. Products that are still in your physical possession; or b. Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of the work to be done at the location shown in the Schedule has been completed if your contract calls for work at more than one location; or (3) When that part of the work done at the location shown in the Schedule has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. D. 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. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS SHALL REMAIN THE SAME. SSS-CWSG-END-023-CW 09 23 Page 2 of 2 Docusign Envelope ID: 44D141 ?E-9802-810F-8116-9EEE7980FA 1 B CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Michael Hernandez h Owner I, ________________ , amt e _______________ _ [insert name] [title] PSC Investigations, LLC of _____________ _ h b 'f h PSC Investigations, LLC I ere y cert1 y t at __________ _ [ name of company] [ name of company] has no employees and is not required by law to maintain workers' compensation or employers' Should PSC Investigations, LLC liability insurance. _________________ employ any person [ name of company] background investigation services during the term of the Agreement with the City of Carlsbad for ___________ _ [ description of project or work that is being contracted] then workers' compensation and employers' liability insurance will be obtained. Michael Hernandez Owner of PSC Investigations, LLC