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American Capital Enterprises Inc; 2016-02-04;
AMENDMENT N0.3 TO EXTEND THE AGREEMENT FOR COLLECTION SERVICES AMERICAN CAPITAL ENTERPRISES, INC. _ This Amendment No. 3 is entered into and effective as of the 1.H~day of °:::)C..½I..J\Af':tt , 20J:i, extending the agreement dated February 4, 2016 (the "Agreement") and between the City of Carlsbad, a municipal corporation, ("City"), and American Capital Enterprises, Inc., ("Contractor") (collectively, the "Parties") for debt recovery collection services. RECITALS The Parties desire to extend the Agreement for debt recovery collections services for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on February 4, 2020, in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR RONALD G. MATHESON, President By: CITY OF CARLSBAD, a municipal corporation of the State of California KEVIN BRANCA, Finance Director (City Manager or Mayor or Division Director as authorized by the City Manager) ATTEST: /}/ -BARBARA ENGLESON ~'1..u--cityClerk , MALCOLM L. MATHESON, CFO 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: CELIA A. B~EWEJ)ly Attorney BY: f/;(J L ----"-~---~----Assistant City Attorney City Attorney Approved Version 1/30/13 2 ACORD"" CERTIFICATE OF LIABILITY INSURANCE I DA Ti; (M&lotlC1YYYY) \,_.----· 02/06/2018 P<lCCUCE.q THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Integrity First Insurance. Inc ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE 70 Mansell Court Suite 275 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Rosweil, GA 30076 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0: (770) 567-4595 F. (770i 537-2440 f INSURERS AFFORDING COVERAGE INAIC# IHSURED j INSUAERA: RLI Insurance Co ! 130506 American Capital Enterprises, Inc. I INS!M:R B: ' I --·••+ 41870 Kalmia Street. Sulla 120 INSUAERC i Mume!a, CA 92562 INS\Jl1ER 0. i INSURERE, I COVERAGES THE POLICIES OF INSURANCE LISTED ea.ow HA\/E BEEN ISSUED TO THE INSURED NAMED ABOVE FOA THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMEl'IT, TERM OR CONOmON 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 SU6JECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS Of SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIUS. I Gl!HEIUL LIA8IUTY /1 CCMMERCIAL GENERAL LJABIUTY r- 1 1 CLAIMS W.OE □ OCCUR !____. ---------- ! i ----------j ~ AGGREGATE !.!MIT APPl.!E5 PER: l 1 1 POLICY n :c?-i n I.OC . J70U081Ul LIABILITY Ht,H'tAIJTO I j Al.!. OWNED AUTOS n 1 ---j SCHEDULED >-UTOS l ·-~ ~ HtRED AJJTOS j---1 NON-OWNED 11u ros 1-'; I G,UIAGE LIABILITY 1-I ANY i\lJTO h ~ESSNMaRl!LU. UASIUTY ! I ; =~ i ! CL.llMS MACE I ,~ __ , i--, OED1JCTIBLE '--' I I RETENTION [ WORKERS eor.tPeNSATION AND ( EUPLOY!aRS• L!ABIJTY , •.NY PRO~ETORJPARThER:E.XE~•JTfV!:: OFAC""~AEM6ER EXCL!JOEO? , H ~ doocnbe und« I SPECIAL ~Q\,'ISIONS '>e!ow POUCYHU!ll!Ell l OTHER •1' RPG0015593 A Misc Professional Liability-Collection ' Aqency •· I i I i I I I ! i I I I I I I i I 1 021011201a I l ' I i I I I I EACH OCCUf<RENCE I $ I MED EXP (My one person) I S l PERSONAi. & NJV IIWRY J • l GENalAL AGGREGATE ! ' I 'PROOUCTS-COMP/OPAGG IS ! ls COUBINSJ SINGLE LIMIT $ (Ea-,J I BOOl. y IHJllRY : $ (Po,-) ' !lOOIL V INJURY s (PwaccldGm; ------+-----··----- PROPERTY OAMAGE s {P-et accid8nt) AlJ1U ONLY • EA ACCIOENl $ i On-ER THAN I AUTO CML Y, E>-ACC S ---+-----·--·- AGO S : EACH OCCURRENCE I S I' -.GGREGI-TE ~ ..,l-$-------1, E.L EACH ACCJIJENT $ EL DISEASE --~~-EMP_l_O_yaj....-_s _____ ___, EL OISEASE-POUCYLIMIT $ 02/01/2019 $ 1,000,000 Each Claim $ 1,000.000 Aggregate DESCRIPTION CF OPl:l!ATIONS /LOCATIONS I VEHICLES I EXCLUSIONS ADDED !!Y EMDORS.EMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD Alff OP THI! AIIOVE DESCRIBED POUCIU Bl! CANC1!1.1.EO SEPORE THI! EXPIAA T!Oh City of Carlsbad CATE THEREOF, lliE ISSUING INSURER WIU. ENDEAVOR TO MAIL ~ OJI.'/$ WRlTTEN 1635 Faraday Ave NO TICE TO THE CERTl1'1CA TE HOlO!R NAMED TO THE LUT. BUT F ,'.!LURE TO 00 SO SH"'LL Cartsbad, CA. 92C08 IMPOSE NO OBUGA TION CR UABIUTY Of """ KIND UPON THE INSURER, rrs .. CENTS OR Rl!PR!!SENT JI TIVES. AUTMCRIZ!:0 Rl!PRESl:~TAnve/1----- ACORD 25 (2001/08) © ACORD CORPORATION 1988 1 BUSINESSOWNERS PB04481114 THIS 1::NUUHSE:MENT CHANG!!! TH! POLICY. PLCASI! n.l!!AC IT CAPl!FULL Y, ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILllY COVERAGE FORM A. The following is added to Section 11. WHO IS AN INSURED: Any person or organization shown in the Schedule of this endorsement is also an insured, 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 in the performance of your ongoing operations or 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 bylaw; 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 AND DEDUCTIBLE: 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. C. This insurance, including any duty we have to defen·d "suits", does not apply to: 1. "Bodily injury'' or "property damage" that arises out of, in whole or in part, or is a result of, in whole or in part, the active negligence of the additional insured shown in the Schedule of this endorsement. 2. "Personal and advertising injury'' that arises out of any independent "personal and advertising injury'' offense committed by the additional insured shown in the Schedule of this endorsement. All tenns and conditions of this policy apply unless modified by this endorsement Name·of Person Or Organization: CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 920087314 SCHEDULE PB 04 481114 ACP BPO 7136084868 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. INSURED COPY Page 1 of 1 74 03325 ACORH CERTIFICATE OF LIABILITY INSURANCE I DATE (IIIMIDD/YYYY) \,..,.--" 4/30/2018 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 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 5'l:l!~CT CIAI Collectors Insurance Agency !',!lJ~n~-•· (952)926-6547 IF~ M-'· (952) 928-3837 4040 W 70th Street ~~k ••. collactorsinauranca@acainternational.org ll'l"'""'"'SI AFFORDll'IG COVERAGE NAJC• Edina MN 55435 INSURER A ,AMCQ Insurance ComDanv 119100 ll'ISURED INSURER&: AMERICAN CAPITAL ENTERPRISES, INC. INSURER C: 41870 KAI.MIA ST., SUITE 120 INSURERD: INSURERE: MURRIETA CA 92562-8840 INSURER F: COVERAGES CERTIACATE NUMBER:10030893 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. r:: a=• POUCYEFF POLICY EXP TYPE OF INSURANCE ~·ft , __ POLICY NUMBER IMM/DD-LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 f--:,:~::,~~¼::~:::_, ~ COMMERCIAL GENERAL LIABILITY s 300,000 A ~ CL.AIMS-MADE 00 OCCUR X IICPBP07156084868 4/1/2018 14/1/2019 MED EXP (Any one oen10n) s 5,000 -PERSONA!. & MN INJURY s 1,000,000 -GENERAL AGGREGATE s 2,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER· PRODUCTS· COMP/OP AGG $ 2,000,000 7 POLICY n ~,9.; rx7 LOC s AUTOMOBILE LIABILITY f.,~M_~~~~£.1!1NGLE LIMIT • INCLUDED - A ANY AUTO BODILY INJURY (Por per.ion) s -ALL OWNED ~ SCHEDULED IICPBP07156084868 14/1/2018 lt/1/2019 AUTOS AUTOS BOOIL Y INJURY (Per accident) S x x NON-OWNED f!s>:~~1~AMAGE s HIRED AUTOS AUTOS -s UMBRELLA L1AB H OCCUR EACH OCCURRENCE s f--EXCESSLIAB CLAIMS-MADE AGGREGATE s DEC I I RETENTION • s WORKERS COMPENSATION IT>JX<,;§;~~~I 10,J:;- ANO EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? (Mandatory In NHI E.L. DISEASE • EA EMPLOYEE S ~C~ ~ERATIONS below E.L. DISEASE. POLICY LIMIT s DESCRIPTION OF OPER,'TIONS /LOCATIONS/ VEHICLES (Allllch ACORD 101, Addlttonol Romorlts Schedule, II more OPK4 Is .-.quired) IT IS AGREED THAT CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSURED SOLELY AS THEIR INTERESTS MAY APPEAR IN ACCORDANCE WITH THE PROVISIONS OF THE POLICY FONl. 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. 1635 FARADAY AVENUE CARLSBAD, CA 92008 AUTHORIZED REPRESENTATIVE .-· -:;?P _;;_,.. ?''"4: ~-Janis St. Martin/ALEX , ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INsn,!'i /?01MS\ n, Tho &r.nan nsama. :anli lnnn :=aro ronictororl "'~rite nf arnAn 'ACORD., CERTIFICATE OF LIABILITY INSURANCE I DATE (IIM/OD/YYYY) ~ 12/12/2018 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 BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NA::;" Selena Ramos The Empire Company PHONE (909)476-0600 I r M Nol: 19091 •10-0•01 ,.,,. Nft 1::-\. 10201 Trademark St., Suite D ~i:,~ss: SRamos@empire-co.com P.O. Box 5400 INSURER!Sl AFFORDING COVERAGE NAIC # Jilancho Cucamonga CA 91729 INSURER A: Preferred EmDloyers Ins. Co. 10900 INSURED INSURERB: American Capital Enterprises, Inc. INSURER C: 41870 Ralm.ia Street INSURERD: Suite 120 INSURER!: Murrieta CA 92562 INSURER F, COVERAGES CERTIFICATE NUMBER:18/19master 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 Al'N 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. INSR TYPE OF INSURANCE ADDL SUBR POLICVEFF 1~Wo'~ LIMITS LTR ,uen --POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f--:J CLAIM5-MA0E OoccuR ~~~~~~~Ea"~'...';~--, c--s f--MED EXP (Alrf one person) $ PERSONAL & ADV INJURY s c-- GEN"LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R POLICY □ ~:& □ LOC PRODUCTS -COMP/OP AGG $ OTHER: s AUTOMOBILE LIAlllUTY ~~M~~1~1NGLE LIMIT $ -#IV AUTO BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS f Per arcideru\ --$ UMBP.CLLA LIAS HOCCt.:R EACH r.r.CUf<RF.r..iCE • ~ --EXCESS UAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ ' WORKERSCDMPENSATION XI ~~fT11,.,, I I DTH- AND EMPLOYERS" LIAlllUTY ~R VIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L EACH ACCIDENT s 1.000 000 OFFICER/MEMBER EXCLUDED? NIA A (Mandatory In NH) IIJQll40438-9 6/1/2018 6/1/2019 E.L. DISEASE• EA EMPLOYEE $ 1,000,000 If yes, descnbe under E.L. DISEASE • POLICY LIMIT $ 1,000.000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101. Addftloruol Ramm, Schedulo. may be attached If moro •pace ia rwqulred) CERTIFICATE HOLDER CANCELLATION City of Carlsbad __ _ 1635 Faraday Avenue Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I ACORD 25 (2014101) INS025 1201•011 AUTHORIZED REPRESENTATIVE Selena Ramos/SELENA © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ''••·· ·---· ···----- AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR COLLECTION SERVICES AMERICAN CAPITAL ENTERPRISES, INC. Amendment No. 2 is P-_nt!=~red into and effective as of the / Lpfh day of . · , 20 I g extending the agreement dated February 4, 2016 (the "Agreement") by n between the City of Carlsbad, a municipal corporation, ("City"), and American Capital En erprises, Inc., ("Contractor") (collectively, the "Parties") for debt recovery collection services. RECITALS The Parties desire to extend the Agreement for debt recovery collections services for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on February 4, 2019, in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR (sign here) RONALD G. MATHESON, President MALCOLM L. MATHESON, CFO CITY OF CARLSBAD, a municipal corporation of the State of California By: KEVIN BRANCA, Finance Director (City Manager or Mayor or Division Director as authorized by the City Manager) ATTEST: /1 , . \~¼hf~Jd~ BARBARA ENGLESOf'..l 1 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: CELIAA. BREWER, City Attorney ,A. (/ ~ BY: __ f~ t-t!ll(~--~------- Assistant City Attorney City Attorney Approved Version 1 /30/13 2 ACORD® CEFllTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYJ 1....-------' 11/09/2017 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Integrity First Insurance, Inc. ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE 70 Mansell Court Suite 275 HOL::>ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Roswell, GA 30076 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0: (770) 587-4595 F: (770) 587-2440 I INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Evanston Ins Co 35378 American Capital Enterpri,I;es, Inc. [NSURERB: 41870 Kalmia Street, SuittI, 120 INSURERC: Murrieta, CA 92562 INSURER D: " INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED Bl:LOW HAVE BEt:N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT11:>N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR[lIED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN IMAY HAVE BEEN REDUCED BY PAID CLAIMS. INSe ADD'~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR TYPE OF INSURANCE DATE IMMffiD/YYl DATE IMMIDDNYl GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERA:. Ll"81LIT!' PREMlsiJ Y~~nca) $ ;--=:-] Cl.AIMS MADE D OCCUI~ , MEO EXP (Any one pason) s i i PERSONAL & NJV INJURY $ r-GENERAL AGGREGATE $ 1 GEN'L AGGREGATE LIMIT APPLIES PS'\: PRODUCTS • COM"IOP AGG $ -nPRCJ. n ' I POLICY JECT LOC; $ · AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -$ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY --$ SCHEDULED PLJTOS (Per person) --.. HIRED AlJfOS BODILY INJURY ·--$ NON-01/\'NED AUTOS (Per accident) ,_ ,-PROPERTY DAMAGE $ (Per accictanl) I GARAGE LIABILITY ALITO ONLY· EA ACCIDENT $ 1=i ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE Is -!occuR D CLAIMS MAD[! AGGREGATE $ -- $ ~ LJ DEDUCTIBLE $ I RETENTION $ I $ WORKERS COMPENSA TIDN ANO lto~Jifll/tsl IOJ~ EMPLOYERS' LIABlLITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE· EA EMPLOYEE $ lf yes, describe under E.L DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below / OTHER 02/01/2017 02/01/2018 A EO 865932 $1,000,000 Each Claim Professional Liabj_lity-Collection $ 1,000.000 Aggregate Agency v DESCRIPTION OF OPERATIONS I LOCATIONS I VEHIICLES I EXCLUSIONS ADDED BY ENDORSEM!,NT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELL:A TION ' .. SHOULD ANY OF THE ABOVE DEcSCR!BED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Carlsbad DATE THEREOF, THE ISSUING INSURER WlLU,NDEAVOR TO MAIL _29__ DAYS WRITTEN 1635 Faraday Ave NOTICE TD THE CERTIFICATE HOLDER NAMED 70 THE LEFT, BUT FAILURE TO DO SO SHALL Carlsbad, CA 92008 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DR e REPRESENTATIVES. AUTHORIZED REPRESENTATIVE_/'(-. --I ACORD 25 (2001/08) ©ACORD CORPORATION 1988 ACORU GERTI Fl CA TE OF LIABILITY INSURANCE I DA JE (MM/C:ONYY'(J I ~ I 6/19/20l7 THIS CERTIFICATE !S ISSUED AS A MATTER OF INFORMATlON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFICATE 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 BETNEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE.CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder ls an Ai'JDITIONA[ INSUh'.!::Ll, the fi6ll1!Yll!!:JJ l'tiU~t u& &1ILiu1;,<1tJ. Ir 3UDli.OO,I..TIOt, IO WAIVCD, eul:ijcot fo the terms and conditions of the policy, certain policies may tequire an endorsement. A statement on this certificate does not confer rights to the certificate ho!der in lieu of such endorsement(s). PRCOUC!::R I ~;;~v,cr Selena Ramos I The Ernpi..=e Cor:tpany I f.,.~g~f(' ~~fr (909)476-0600 ! r~ No\ (909}4i6-0601 1 1C201 Trademark St., Su0-te D / ~D~~~ss: SRa..-rnos@~pire-co.com P.C. Box 3400 i INSURER(S/ A'FFORo'tN.G COVERAGE I NAIC;a ~ancho Cucamonga CA 91729 I INSURER A :P!:'efe:i:-red Ern.n 1 overs Ins. Co. I 10900 INSURED i INSURERS: I 1,...:merica-"'1. Capital Ente:cp::::ise.s, Inc. I INSUREi! C: ----j ------·------·--·----·-·--·----------· -·-----·--·--~ P. o. Bax 893580 I tNSURER. 0: I i INSURER E: m ,,.,.. 1 -., " a ., -C• ! COVERAGES CERTIFICATE NUMBER:17 /18 Master 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 INDIGATE9. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER D<JCUMENT WITH RESP:::CT TO WHICH Tr!IS CERTIFICA7'c MA.Y BE ISSUED CR MAY PERTAIN, THE i,~SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. E<CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l Ir~, TYPE OF INSURANCE I ~_.,MERCIAL GENER.al.L LIABiUTf I _:_J C;J-JMS-MAJE D OCC::UR I . I I p------ AG3RE.GATE LlM!T APPLJE3 PER POcJCY l-·-i ~'t~T --.i LOO ___;...,_..., ~GrAC81LE LlAB!LlTY Ll PWAUTC I HlRED AUT8S .1 SCHEDULED AUTOS NON~OVv'MED AL,CS \.--! UMERE~LA LlA8 OCCUR ii '. ! EXCESS LJ·A~_s _____ c_·L_A_l!,_·!S_·l_,1_AD_EI 1 ! OED I ~ ... T RETENTION s ·1 POUCY NUMBER MED =.xi= (Any one person) ! S ~RSDNAL & .ADV INJURY ! $ I GENEP..AL AGGREGATE I $ ) ?ROOUClS ~ COMP/OP AGG l S ! ---,-$------; , BODILY INJURY {Per person) ' $ BODILY INJUR""i· PROPERTY DAivlAGE. f {P,;;r accioenl I l EA.CH OCC::JRFE.NCE I l AGGRf:GAT2 ' !S Is I s I 1 WORKERS COMPENSATlON 'AND EMPLOYERS' LIABILITY f ANY PROPRlETVR.lPARTNERlEXECUlNS: I •• i OFFiC::PJr-AEMBER .EXCU.1CE9? N f A I A !(Mandatory in NH) ';;KN"J.40438·-8 , if yes, describe uncer 1--i-'! D'-'c''-'5ccCc.R~IP-'T.clOcct.c, -=O'-F-"O"-P.=C'-'P'-'A-.:.;1 iccO.:.;NccS..:b,;2:l"o<"-"-~-1--;..--1- 1 I ' .. 01:./2017 6/1/2018 I E.L. EACH AC~!OE~ . _ 1,000, COO E.~. DISEASc • ==:.:-'=::..=:::.:.::::;...:;_ __ _,l=.,!..0=0::cO.L.,=0.::0.::0'-J l, 000 ,000 C.L. !)!SEA.SE - I OESCRiPnON OF OPERAnON.S ! LOCATIONS /VEHICLES (ACORD iOi, Additional Remarks Schedule, may be attached if morn .space ts ;squired) CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 CANCELLATION SHOULD ANY OF THE ABDVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP;RAT:ON DATE 7r1EREOF1 NOTICE \NILL BE DELIVER:::D lN ACCORCANCE WITH Ttic, F,OLICY PROVISIONS. © 1988-2u14 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/G1) The ACORD name an::: logo are registered marks of ACORD lNS025 ,17r,1J.111" / ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DA TE {l,!M/00/YYYY) L----' 3/7/2017 iHIS Cl::l{fli=lCATI:: IS ISSUED AS A MJ!.iiER OF' INFORMATION ONLY AND t:ONf'ERS NO RlGHIS UPON TH!: CEHflr'ICATE HOLDER. lHIS CERTIRGATF OOFS NQT AFF!RMATIVFI y OR NFfiATII/Fl y AMFNn, FXTFNn OR Al TFR THF GOVFRAAF AFFORnFn RY THF PQJ IGIFfi 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 be endorsed. If SUBROGA TTON 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 ~~~CT CI.AI Collectors Insurance Agency ;AIJ;?Nj() r:-,. (952) 926-6547 I ~ Nol: {952) 928-3837 4040 W 70th Street rmJ~ss,collectorsinsurance@acainternational..org INSURER(S) AFFORDlNG COVERAGE NAIC# Edina MN 55435 INSURER A :..Z'\MCO Insurance Comnanv 19100 ~ INSURED INSURERS: .AMERICAN CAPIT..lU. Eh'"TERPRISES, INC. INSURERC: 27919 JEFFERSON AVE STE 206 !NSURERD: INSURERE: ! TEMECULA CA 92590-2653 INSURERF: COVERAGES CERTIFICATE NUMBER:10030893 REVlSION NUMBER: THIS lS TO CER11FY 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 CONDffiON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TilE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONs OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE !ADDI. ~~I POUCYEFF POUCYEXP LIMITS LTR INAA POLICY NUMBER !MMIDOIYYYYl IMM/00/YYYYI GENERAL LIAPJLITY r-~''''"''''" EACH OCCURRENCE $ 1,000,000 ~ DAMAGE TO RENTED ~ COMMERCIAL GENERAL LIABILrrf PRa,tSES lFa occurrence\ $ 300,000 A D CLAIMS-MADE Ci] OCCUR X f,1/1/2017 14/1/201.8 MED EXP {Arry one person) $ 5,000 ~ PERSONAL &ADV INJURY $ 1,000,000 ~ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: r PRODUCTS· COMP/OP AGG $ 2,000,iioo J7 POLICY n ~;:g: fxl LOG $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT INCLUDED (Ea actioeot} $ - i'.NYAl/TO BODILY INJURY {Pet perror,) $ A ·--I .• '--ALL OWNED SCHEDULED ,,-,,,,,,,,,, 4/1/201.7 4/1/2018 BODILY INJURY {Per accident) $ -AUTOS ~ AUTOS X X NON-OWNED ~~~:-~~A MAGE $ HIRED AlITOS A!JTOS I-- $ ~ UMBRELLA UAB H OCCUR EACH OCCURRENCE $ EXCESSUAB CLAIMS-MADE ; AGGREGATE $ I OED I I RETENTION $ .- $ WORKERS COMPENSATION IT~~/f.Dt«I 10,:w- AND EMPLOYERS' LIABILITY YJN ANY PROPRIETOR/PARTNER/EXECUTIVE D NJA E.L EACH ACCIDENT s ;,._ OFRCER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE • EA <=MPLOYE! $ If yes, descnbe under - DESCRJPTION OF OPERATIONS below E. L DISEASE -POLICY LlMfT $ DESCRJPTION OF OPERATIONS !LOCATIONS /VEHICLES {Attach L\CORD 101, Ad~ifional Remarlcs Schedule, if more space is required) IT IS AGREED TEAT CITY OF CARLSBAD IS INCLUDED AS ADDITION.l\L INSURED SOLELY AS THEIR INT""....RESTS MAY .APPF:AR IN ACCORDANCE WITH THE PROVISIONS OF THE POLICY FORM. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCRLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WlTH THE POLJCY PROVlSlONS. CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD, CA 92008 AUTIJOR!ZED REPRESENTATIVE Janis St. Martin/11-.LEX ~--c .}?..A-_ o/~-=-----~ <.. ' ACORD 25 (2010105) INS025 00100,;1 01 © 1988-2010 ACORD CORPORATION. All rights reserved. ./ J BUSINESSOWNEAS PB04481114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM A The following is added to Section II. WHO IS AN INSURED: Any person or organization shown in the Schedule of this endorsement is also an insured, 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 in the performance of your ongoing operations or 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, 8, With respect to the insurance afforded to these additional insureds, the following is added to Section IIL LIMITS OF INSURANCE AND DEDUCTIBLE: ,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, C This insurance, including any duty we have to defend "suits", does not apply to: 1, "Bodily injury" or "property damage" that arises out of, in whole or in part, or is a result of, in whole or in part, the active negligence of the additional insured shown in the Schedule of this endorsement 2, "Personal and advertising injury" that arises out of any independent "personal and advertising injury" offense committed by the additional insured shown in the Schedule of this endorsement All terms and conditions of this policy apply unless modified by this endorsement. Name Of Person Or Organization: CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 920087314 SCHEDULE PB 04 4811 14 Includes copyrighted material of Insurance Services Office, Inc., with iis permission. ACP BPO 7146084868 INSURED COPY Page 1 of 1 43 01661 AMENDMENT N0.1 TO EXTEND THE AGREEMENT FOR COLLECTION SERVICES AMERICAN CAPITAL ENTERPRISES, INC. Amendment No. 1 is entered into and effective as of the { 0 th day of · · , 20J.2_, extending the agreement dated February 4, 2016 (the "Agreement") by a between the City of Carlsbad, a municipal corporation, ("City"), and American Capital nterprises, Inc., ("Contractor") (collectively, the "Parties") for debt recovery collection services. RECITALS The Parties desire to extend the Agreement for debt recovery collections services for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on February 4, 2018, in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill 1/1 Ill II/ Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR By: (sign here) ~~·/L RONALD G. MATHESON, President CITY OF CARLSBAD, a municipal corporation of the State of California KEVIN BRANCA, Finance Director (City Manager or Mayor or Division Director as authorized by the City Manager) ATTEST: ~~Z~ \L£111LU. (sign here) BARBARA ENGLESON City Clerk MALCOLM L. MATHESON, CFO 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 . . L.PPRO\IED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 .. AGREEMENT FOR COLLECTION SERVICES AMERICAN CAPITAL ENTERPRISES, INC. 11M-, THIS AGREEMENT is made and entered into as of the day of , 2011o, by and between the CITY OF CARLSBAD, a municipal corp6ration, ("City"), an American Capital Enterprises, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a collection service that is experienced in debt recovery. B. Contractor has the necessary experience in providing professional services and advice related to debt recovery. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement 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. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed thirty thousand dollars ($30,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the 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 The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 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. 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 City Attorney Approved Version 4/1/15 2 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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 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 three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors 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. For City For Contractor Name Colette Wengenroth Name Ron Matheson Title Finance Manager Title President Department Finance Address 27919 Jefferson Avenue, Suite 206 City of Carlsbad Temecula, CA 92590 Address 1635 Faraday Avenue Phone No. 951-695-3372 Carlsbad, CA 92008 Email customerservice@amcapinc.com Phone No. 760-602-2468 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF 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 four categories. City Attorney Approved Version 411/15 4 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. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1/15 5 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreernent, 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 at seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: City Attorney Approved Version 4/1/15 6 XV) C) /- BARBARA ENGLESON City Clerk - (sign here) [INSERT TITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] J-Y, A 'al esupt.) (print name/title) ATTEST: (sign here) rt tv\ CFO (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorney City Attorney Approved Version 4/1/15 7 EXHIBIT "A" SCOPE OF SERVICES Collection Philosophy and Methodology We (American Capital Enterprises, Inc.) help clients realize their accounts receivable objectives, with outstanding collection performance and exemplary services, while maintaining their goodwill in the community. The Collection Process: • Upon the accounts being put into our system, and the first notice being sent to the debtor, all accounts are run through our automated dialer system providing maximum coverage to obtain debtor response. • We provide a full complement of notices, as needed, and collector telephone calls to motivate debtors. We may provide sample letters to you upon request. Accounts are referred to a collection desk if no response from the automated dialer or if there is no phone number on the account. • Balances over $1,000 are reviewed for possible litigation if warranted, and allowed, by our Client. • Accounts are reported to Experian (TRVV) after the accounts have been in the office for 30 days. • Skiptracing is done on accounts with no phone numbers. Examples of our skiptracing technologies are covered in the skiptracing section. • All balance sizes are accepted for collections. With our technology, small balance accounts get fair treatment. • American Capital can undertake a rework on existing or on second placements. Collection Programs: Our office custom tailors a program to fit the needs of our clients from letter service to regular collections. In general, we have listed typical services that we provide. Letter Service (Pre-collect) $20.00 fee per account Letter Service (Pre-collect) accounts will get 2 notices over a 45 day period with a $20,00 fee being added to the bill prior to the 2nd notice being mailed. These notices will state that we are assisting your office on these accounts. At a pre-agreed time, typically 60 days from assignment, the account would automatically roll to regular collections at the regular contingency fee if payment has not been made. At that time, a negative entry on the customers Experian Credit Report will be made. City Attorney Approved Version 4/1/15 8 The advantage to this service is that the net return to the City is 100% if the debtor pays within the agreed time frame before the account would be rolled over for regular collections. With the notices going out with our information, it reduces the calls and involvement of the City and our office handles all calls and correspondence. Letter Service $40.00 per account Letter Service accounts would receive the same treatment as the Pre-Collect Service with the exception that these accounts would not "roll to hard core collections." These accounts would stay in the office and would be reported to Experian as collection accounts at 60 days or at a predetermined time and the account would be suspended. No telephone calls would be made on these accounts. This is based on a volume of no more than 200 accounts annually. Regular Collections 25% contingency Regular collection accounts are fully explained in Attachment V. Our office makes use of an automated dialer system as described so we have no minimum on the dollar amount that we accept. Accounts are actively worked from the date of assignment. Rework projects are routinely done on a periodic basis to help ensure the maximum collected as financial situations may change for the debtors. Legal Accounts 50% contingency Our office, upon the City Attorney's approval, will initiate litigation when a balance warrants such action and we have located assets for the debtor. There is no upfront cost to the City for this service. Our office will handle all fees in relation to these accounts. We are also willing to accept Judgment accounts where the City already has a judgment and wants us to pursue the recovery. Second Placement Accounts 50% contingency Second placement accounts will be accepted from the City of Carlsbad at a 50% contingency fee, only after confirmation that the accounts have been properly canceled from the previous Agency. Description of Service Provided: American Capital will diligently attempt to effectuate payment on all bad debt accounts assigned. Collection Services Include: City Attorney Approved Version 4/1/15 9 • Manual input of all hard copy account information into our computer system (assignments by electronic media is available by e-mail, floppy disk, diskette, 9 tract and CD-ROM). • Computer matching of any previous debts with new accounts. • A written acknowledgement of accounts received. • First notices in mail to debtors promptly. • All accounts run through our Auto Dialer providing maximum coverage to obtain debtor response. • Accounts that are referred to live collection desk (if no response). • Full complement of notices, as needed, and collector telephone calls to motivate debtors. • Monthly reports as Client designates. • Monthly remittance of dollars collected. Credit Reporting Services: • All accounts are listed with Experian Credit Bureau via computer tape to help effectuate eventual payment up to 7 years from the date of the debt. Documentation and Reports: • Acknowledgement Reports are sent promptly to the Client after the accounts are assigned. We use the Clients account number for easy referencing. • Remittance Advice Reports are sent to the Client on a monthly basis showing the recovered dollars for the previous month. • Creditor Master Reports are sent to the Client monthly, quarterly, or as needed. This report shows all debtors assigned to collections, balance, payments and the status of the account. • Cancel Reports are generated to show accounts closed out by our office at your request or for other specific reasons. • Special Reports for Clients may be provided as requested. Our computer company may custom tailor a report to "fit" a Clients' special need. They can do this on short notice, when necessary. Management Audits: • To ensure compliance with all internal and exterrial collection procedures, our Collection Manager audits a percentage of the collection files assigned to a collector's desk. Attorney Services • Attorney is assigned all balances in excess of $1,000 and personally reviews and works the accounts. City Attorney Approved Version 4/1/15 10 • Balances in excess of $1,000 have Experian Credit Reports run and are provided to Attorney as part of the collection process. • Legals filed on accounts over $1,000 at agency's expense with the Client's approval. Lawsuits not filed if debtors are "judgment proof' or no assets available to execute on. Skiptracing Services Include: Skiptracing services for "skips" include computerized databases searching by the following topics. Public Filing and Information: Property Tax Uniform Commercial Claims (UCC) filings Secure Loans/Debts Fictitious Business (DBA's) California Corporation/Limited Partnerships Board of Equalizations Department of Consumer Affairs Contractors License California Civil Index Filings Address and Telephone Information Providing: Exact address matches and nearbys Exact name matches Similar names with zip code areas Phone number matches (both home and business) City Attorney Approved Version 4/1/15 11