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HomeMy WebLinkAboutAmerican Capital Inc; 2020-01-16;AGREEMENT FOR COLLECTION SERVICES AMERICAN·c;6:PITAL ENTERPRISES, INC. AGREEMENT is made and entered into as of the l~ day of ~...,a,,.:i.n~~~-----' 20.lQ, by and between the CITY OF CARLSBAD, a municipal ), and 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 five (5) years from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be in an amount not to exceed thirty-five thousand dollars ($35,000) per Agreement year. 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". 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. City Attorney Approved Version 6/12/18 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 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 City Attorney Approved Version 6/12/18 2 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 (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & 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 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. 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. City Attorney Approved Version 6/12/18 3 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 Name CherylGe~a~t Title Finance Manager Department Finance ---------- City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2468 For Contractor Name Ron Matheson Title President Address 41870 Kalmia Street, Suite 120 Murrieta, CA 92562 Phone No. 951-695-3372 Email customerservice@amcapinc.com 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 categories. YesD No ■ 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. City Attorney Approved Version 6/12/18 4 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 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 Agreement, Contractor agrees that any Agreement claim submitted to City must City Attorney Approved Version 6/12/18 5 be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 6 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 (sign here) J:,0,r/A-uJ 6. r, 1+-~/11 , }J'-L q_,_--v ~ (print name/title) By~//4/-,. (sign here) K__j.)ft.111--oJ 6' /Yl'f·V~<MI, Sc.~1/1,?Y (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California City Manager or Mayor or Division Director as authorized by the City Manager BARBARA ENGLESON 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 otficer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA ~~7• . Attorney BY:--------+-----Assistant City Attorney City Attorney Approved Version 6/12/18 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 (TRW) 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. 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. City Attorney Approved Version 6/12/18 8 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: • 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. City Attorney Approved Version 6/12/18 9 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 external 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. • 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) 10 City Attorney Approved Version 6/12/18 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 1/8/2020 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 ADDmONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may raquire an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER :;~-:-~• CI.AI Collectors Insurance Agency ~:.,_r-••• (952)926-6547 1 r~ Nol, ( ... , ... _, .. , 4040 W 70th Street !=ss: collectorsinsurance@acainternational.org INSURERISI AFFORDING COVERAGE NAIC • Edina MN 55435 INSURER A: »ICO Insurance C0111Dany 19100 INSURED INSURER 8: AMERICAN CAPITAL ENTERPRISES, INC. INSURERC: 41870 KALMIA ST STE 120 INSURERD: INSURERE: MURRIETA CA 92562-8840 INSURERF: COVERAGES CERTIFICATE 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. INSR TYPE OF INSURANCE ADDL :ouBR POUCYEFF POLICY EXP LIMITS LTR '-•~ft --POLICY NUMBER fMU""'fYYYYI ,. X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS-MADE w OCCUR 1,,11"\ffW'\UC !Onc,,,~ A -PRS:Ml~S:~ rE:a --nnA\ $ 300,000 X ACPB1'07166084868 4/1/2019 -C/1/2020 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY s 1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 R □PRO-0Loc PRODUCTS· COMP/OP AGG s 2,000,000 POLICY JECT OTHER: HIRED & NON-OIMED AUTO $ -IllCLUDlm AUTOMOBILE LIABILITY ~~INED SINGLE LIMIT _,...,.._nt) s - ANY AUTO BODILY INJURY (Per person) s -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per aa;idenll s -.__ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE s -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION s s WORKERS COMPENSATION I ~~fT\JTE I 1nH· AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? (M-ato,y In NH) E.L. DISEASE -EA EMPLOYEE s tf yes. describe under E.L DISEASE. POLICY LIMIT s DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEltCLES (ACORD 101, Addlllonal Remarks SGhlldulo, may bo attached If moro apace Is rwqulrod) IT IS AGREED THAT CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSURKD SOLELY AS THEIR INTERESTS MAY APPEAR IN ACCORDANCE WITH THE PROVISIONS 01' THE POLICY l'OIIM. CERTIFICATE HOLDER CANCELLATION C.ITY 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 ,2014011 AUTHORIZED REPRESENTATIVE Janis St. Martin/ALEX • ,,',j © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS 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. 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 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 481114 ACP BPO 7166084888 Includes copyrighted material of Insurance Services Office. Inc., with its permission. AGENT COPY Page 1 of 1 43 25246 l I Cr'.,T2 \:\1M1CC/'(',,',''(; 6/4/~Cl9 ::-:;:s C~2TlF!C.4T~ 13 i3S:J2: A.3 -~ MA"TT~R C·~ !!'l::'CR:'1\.-\.TlO~l OI"E .. Y A,\JO CONFERS NO R:GHTS UPON THE CERT;i=iCAiE J'-!OLDER. THiS Ci::R.TlflC.~TE DOl::.S NOT AFF!Rr,,1ATi'iELY OR NEG,~TlVELY A)1!ENC, E:<T~NJ GE ALTE~ THE CC~JERA3E AFFOF~DED 3'( T;-12 PC-LlClES BELOW. THlS CERTIFICATE OF iNSUR,A.NCE DOES NOT CONSTlTUTE A CONTRACT SH'i'IEEN THE ISSUl~IG INSURER(S), AUTHOR-!ZE'.J :'<.EPRESENTATlVE OR PRODUCER, AND Tr.E CERT!FlCATE HOLDER. /;\·i;::o~T.,.'.,)JT: If t:~e ccrtlf:cZite hc!der is ~n ADC!TlON,!.~ INSURED, t;ie pclicy(ies) must be endorsed. If SU3R.GGATJCN 1S '/t/Aj'Jf.D, s~bject tc t:""ic tenr:s and conditions of the po!icy, c~rtain pclicles may require an er:dcrsarr.en!. A statemer.t en t:lfs c2rtif:cate Cces no~ confer rights to the certificaie holder in lieu of such endorsemeni(s). ,0 RODUCER ~~~£:CT Selena Rames T~e Empi~e Company 10201 Trademark St., ?.0. 2c:< 5400 I .~o~~~ss: SRamos@empire-co.com I r:;2, Ne): (909) 476-0601 Suite D !NSIJRER(S) AFFGRCl~IG CCV~:Z.lGE NA!C ~ ~.an.cha Ci..:ca..rncr..ga Cl'-92. 729 INSURER A: Preferred Emo lovers Ins. Co. I 10900 l.'JSUREiJ ~..merican Capital Ente~pr~ses, 42.870 Kelmia Street Inc. St:.ite 120 CA 92562 COVERAGES CERTiFlCA.TE NUMBER: 19/20wc INSURER 8 · ! INSURE-1 C · I INSURER iJ: INSURER E: i INSURER F: REVISiON NUMBER: TnlS IS TO CS"-, IFY THA1 THE PCLlCIES OF iNSURP.NCE US I EQ BELOW HAVE BE'::N ISSUEQ TO THE INSURED NAMED ABOVE FOR THE POLICY PE?IOO li,JDICAffD. NOTWITHSTANDING A.NY RECUIREMENT, TER'vl OR CONDITION CF ;\NY CONTPACT OR OTHER DOCUMENT 'JVITH RESPECT TO WHICH THIS CERT!FiCATE fvlAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLiCIES DESCRIBED HEREiN IS SUBJECT TO AL'.. THE TE;:;.ii1s, E:<C~IJSIONS AND co~mlT!O~IS CF SUCH POLICIES. LlrvllTS s,~01//N ,vlAY HAVE BE'.::N F'.:::JUCED BY p,~ID CLJ'.IMS. ~AMERCIAL GENE~=-=tBIUTY ) I l CL..\li-,1S-'v1.-!C-E L_j GCCL'R ii 1--1 ----------------l__j ------------- 1 G:=>ri~ ,~.13GR:=G.u.TE Ll~AlT ,.\PP!..!ES PER· □ □PRO-,~, ! I POLICY JECT L_j LGC I 'J1 ,~t:::~: I 1.._;~_-12.RF :..1\ :...;.,.-.o I IADDLISUBRi 1N~n VlfVf), i ' ' ' 1-7 EXCESS UAB ri c~.~llo/c'--\1i'DE i II I I DEJ I I RETENTION ' I I WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY /.NY P~,CFRIE":CP,,'P.A.RTNERJE:<ECUTIVE ! CF~iCC~,':S-,\E;,,i6E? :=:,c:..ucce,? -~ J {!dland<1tcr:,, in NH) / g,J~~:.-:'.;s_:!~~'~ ~~c;~c~. r;r,-s.,s ~•;.;:·:, PCUCY NUM8E~ 1 E/c/2029 6/l/.2020 '.JC:s.:.::::<JPTiGN OF l'JP~~AT!CNS ·LC.CATIONS,' VEr.!cu:.s {ACORD 10~, Additionai ~em arks Scheciuie, may be artaci1e1.1 if more space is required} LIMITS E.>CH OCC:JRRENCE DAMA.GE 10 ~.::NI ED PREMISES fE·:1 cc::Jrn~nce\ MED E<? (An·1 ar:e oe:--son ~ PERSONAL & AD'/ INJURY I i $ is I IS GE',E?iALAGGRE·~ATE i ~ .PROOUCTS • CCilAPlOP AGG I $ CC1\.161NE.:J SiNGLc L!MI I i'E3 cic::'.:!Cer.t'J /s BODIL'c INJURY (Per personi j $ BCCILY INJURY (Psr 2cc:dent) i $ ,OCO.CCO ~.OCC.OOG :.OCG,OC•: C~? ...... ;r-1c,:i._TE HCLDER c.~.:1c:=LLATiOt'-i City of Carlsbad 1635 Faraday C2.rlsbad, CA Ave 92008 ThC CXPlRATiON DATE IMERCCF, 1~07\CE v;:LL 3~ De:...;'-,'.=;;.:::,;>; ,;CCORDA,'1CE 'Pl!,!-! THE POLICY PRQ\ilSIONS. \ I ,_,_(J_ .. ;-,. ,_:,"' ·, .• _,,\ © 1933--201-4 ACORC CORPORAT]O~L Al! rights rescrv2ci. T:-:e P-.COF.C narr':.: enc: lcsc 2:r2 registsirsd r.1ar'.-'i:s of ,i~COR0 ·® CERTIFICATE OF LIABILITY INSURANCE I ACORD DATE (MMIDO/YYY'/) ~ 02/8i2019 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Integrity First Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 70 Mansell Court Suite 275 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Roswell, GA 30076 0: (770) 587-4595 F: (770) 587-2440 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: RLI Insurance Co 130506 American Capital Enterprises, Inc. INSURER B: 41870 Kalmia Street, Suite 120 INSURER C: Murrieta, CA 92562 INSURE:R lJ: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'NI I HSTANDING ANY REQUIREMEl'IT, 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRIADD'U POLICY NUMBER POLICY EFFECTIVE pg~~;(~~~~NI LIMITS LTRIINSRDi TYPE OF INSURANCE DATE (MM/DD/YY) I· GENERAL LIABILITY EACH OCCURRENCE $ --1 COMMERCIAL GENERAL LIABILITY LJAMAGE IO rscm cD $ PREMISES (Ea occurence) I~ " ] cw•s "'"' D occce MED EXP (Any one person) $ I PERSONAL & ADV INJURY $ I l~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ I PRODUCTS -COMP/OP AGG $ I 17 nPRO-POLICY JECT nLOC $ I AUTOMOBILE LIABILITY I I --i ANY AUTO COMBINED SINGLE LIMIT $ I 7 ALL OWNED AUTOS (Ea accident) ' EODIL Y INJURY I (Per person) s B SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ I~ NON-OWNED AlfTOS I I (Fer accident) I I I I PROPERTY DAMAGE I (Per accident) $ GARAGE LIABILITY I AUTO ONL y -EA ACCIDENT $ ,=7 ANY AUTO I OTHERTHAN EAACC $ -~ I AUTOONLY: AGG $ I EXCfSS/UMBR£l.lA I.IABILITY I I EACH OCCURRF:NC!' $ :=J OCCUR □ CLAIMS MADE i ·--·--------·· . ------------- I AGGREGATE $ i I $ ~ DEDUCTIBLE $ I RETENTION $ Is I i I WCSTATU-I ! OT'tj WORKERS COMPENSATION ANO TORY LIMITS 1 Er< EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT I ANY PROPRIETOR/PARTNER/EXECUTIVE i $ OFFiCERIMEMBER EXCLUDED? i I E.L. DISEASE -EA EMPLOYEB $ i If yes. describe under I E.L. DISEASE -POLICY LIMIT I $ SPECIAL PROVISIONS below I ! OTHER i RTP0014884 I 02/01/2019 02/01/2020 I $ 1,000,000 Each Claim A Misc Professional Liability-Collection I ! I $ 1,000,000 Aggregate I A.gency I ✓ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED ?OUCIES BE CANCELLED 3EFCRE THE E;<PIRATION City of Carlsbad DATE THEREOF, THE !SSUING INSURER WILL ENDEAVOR TO MAIL _.1Q___ DAYS WRITTEN 1635 Faraday Ave NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Carlsbad, CA. 92008 IMPOSE NO OBLIGATION OR L!A21L!T'f OF ANY KIND UPON THE INSURE:s, ITS AGENTS OR REPRESENTATIVES. I AUTii°../4:.fi:.TIVE ACORD 25 (2001/08} © ACORD CORPORATION 1988