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HomeMy WebLinkAboutArizona RV Supercenter LLC dba RV Rental Outlet; 2019-09-05;AGREEMENT FOR TRAILER RENTAL SERVICES ARIZONA RV SUPERCENTER LLC, D.B.A. RV RENTAL OUTLET ~ THIS AGREEMENT is made and entered into as of the ~ day of ~~~<-V\NO'<,[' , 20~, by and between the CITY OF CARLSBAD, a municipal corporatio,("City"), and Arizona RV Supercenter, LLC, D.B.A. RV Rental Outlet, a limited liability corporation, ("Contractor"). RECITALS A. City requires the professional services of a recreational vehicle rental company that is experienced in providing trailer rental for temporary housing. B. Contractor has the necessary experience in providing professional services and advice related to trailer rentals for temporary housing. 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 year from the date first above written. The City Manager may amend the Agreement to extend it for one additional one-year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 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 shall not exceed twenty-five thousand dollars ($25,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 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 [ncluded 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 6/12/18 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 (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. City Attorney Approved Version 6/12/18 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 Name Mick Calarco Title Special Projects Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Ave, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2859 For Contractor Name Hugo Gonzalez Title Government Business Address 256 E. Main Street Mesa, Arizona 85201 Phone No. (480) 461-0023 Email hugo@rvrentaloutlet.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. City Attorney Approved Version 6/12/18 4 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 [81 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 tlie 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. City Attorney Approved Version 6/12/18 5 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 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. 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 I (print name/title) By: '-<L~ (sign here) I CITY OF CARLSBAD, a municipal corporation of the State of California By: Chie rations Officer, Deputy City ( ( , ~anager, or Department Director as n:..· I) ~-1 \ Authorized by the City Manager J ·V r !:'.' ) il,uv1 ATTEST: ~c.,r I SL.._,.-~ h,~ (print name/title) 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 CONTRACTOR: Date By: Signature l,,,_ \.)c,i-, I .S«_p·-hc~--j :E/WL/ ,.. 9 ___ BRITTANY ___ IOW.I.__ Notary0 NallrJNlrl•-dAlblN MARICOMCOUNTY / "'=:::-:-3/,::Jd-(:;;w l°l Print name/ title Date I EXHIBIT "A" SCOPE OF SERVICES Quotation .... &fb./20t9 -~Days II>.~ Mick talarco .... Mldctaifflo ......... <Wil -IIJ~• ~ ....... -.i: __ _, °I',~-~ ._ Subl$1 $ $ 1.000 Total $ 24,260.0U ~-0Ulltl"41_,.aod,.1111,ll\el,-lln..,fl>!: ... ~1<1.ll••lai'.-,-andftv-. 'IIW,,.,Mil"tlnil,ofly/snalhlllt.-Dy'J/IIIOffl-lliotllW,llilnltlOiollll. ----~ Th1mk you f<>I' Vo\(r business 1 City Attorney Approved Version 6/12/18 8 L ~ans: a •"-ted Fropwty" means thetemporay houslnt ~~ an the !lentil~ totha.-t 111d lllduda die"-• l"ropertya ~ment, awninp, ... and doca.lNnlL b. 'Hectlve Date" n-. 'die "lldt Up Date"1dend1111d on /lencal~~ as the h ~ of the l'llltll. ,c. •Location" means 1ile dellwry loation 1c1entfflei 11V remar. 2. Twm: TM •rm of du.....,_ ("Twm1 Is from the Effllctlve oat• ltl~ the LUM End Date and WIii be automatlcllly artendlld far ldcll&lona1 JO.da, per\a& No refund 'Ml be la4llldfcr Ullused days. If the rented prap«ty Is pid<ICI 141 p,1or totfle i.-End Date, far any-, ranw li.oblc~ U> the anount af-Aantthrough the lase End om or• $5,000 EMiyT.-mttwtion ru pha 3Chtavs llalt, whidleverls-. FntMGnth's Rent and al Optlonals.r.lc;es are due p1arU> '-- !ff«tlve Oita. No rebid will be luuedlDr cancelatlon. 3. ~: Fnt mondl'•fnWIQi-..111 lndudethe pnnt41d "8nt, Preparatlan ,._, .aean1n1 Fee, Trll'llportallon, Equipment Aant and JlefunclallleSea,ttvJ)IPDl!,t, Monlhly Rilnt Ii. d~ on 11,a ~ of eacllmanlll lfflll lheend of "'81-term. Unpaid !lentil 1.111116 ol Ille 3"' of 1he month. 111•• i& • $SO i.aut Fee kllnlllW $10 P• di'f. ... Rental, Indemnity -.id Wlrrll'ltl8': ~ Is I~ fllr rtlltll,of penonal ~· 1'le ,.__, ,nipa't'f sllall be cte,eriledp~ prq,etrf-If~ t,,o-lty. You •..-to keep the Rentad Prc:,pert'(free from alflllns and .ncumbrancil. We--, rapoaesa the Aaic.d Ptapettyllt V'DI' ep.,..Wlthout nolketovouorwlltloutprocwsofllw If you bruch anv tam ol thls~tnt. You ..... to lnunwllfy ta, defend us and hdd us harmlea from Ill dlln1s, 1111,illty, cam and lnDffieV '--llleur rmultl .. frorn, °' ffllll1I out of, ""' IWlta! and -,our UM of the Velllda, S. CW-V, Condhlon, lnspecllans and Aetum of Vthlde: 1N llantal Ouu.t wll ~ and i.at-4111 the llanted l'roplr\yto you at die I.Gation on the dste and time spedtled on the llentll AW...,entl"vck9. 14 the um, of dlllv..,, we wl1I perlarm tile fdlowlna Sffilcm to ...,re U.tthe VeNda Is set !IP and rudy far iDe: placement of the Vehlde on level .-:oun1', ~ of piers l9f stabllzallon, and the addition ol ltepS wlltl IPb handle. You apw that tile Vlhlclt Is NIiied In• .. is• conc1111on.-We will plcl< up 1h1 "911wd l'roplr\y from tile 1.11CM1Dn ona ""'~,.-upon date and time. iT111Jlan11N Pnlplrtymusl be lnthuamecondltJCln that you l'IClllved lt-=ept forrinerywiNr when wa pick It up. You miat -pty-111 tanks. ~to di• RMI~ flrapaiy ot replaCMl-cf parts or•~ d!lrlnc therantal n,ust h-ourprlorapp-.-1. ,6. Prohibited Osa: The folillwlnt acts or USIS of the Rented Pn,pertylnt prohibited and constitute lnadlas of thls ~ent and couJd.lnalr lddltlonlll CNf'I": a) 10W1n1 the Vlhlda without otr plior wrtttal con.Ill; (bl damacq the Vehicle by YIM lntantlonll, -, 1Mllful « redtleM conduct; (c) permitting an anlmll In lhe Vehtde wllflout our c:on_,t; (d) slttJns, stancllnC or lojlna on U. roof of the Veh~; (e) plamt sljpli. or reu.tnc on thl outside ol ltle Vehicle; (fl pladn1 loumpeaken or other -ci ...,_ on the extator ol the Vehlcle; -(Jlsmoldnc In th• Velllde . . City Attorney Approved Version 6/12/18 9 7. los.nnce: The City of C.tsbad wtl pl'Qlllde a letter d ulf➔RSUrance th.twill satisfy RV Rental Ood.r's lnsinnce requl1'91lents. a. Refundable Secutlty Olpallt: RV "-Ital Ooll8t may Ille your$l,DOO deposit to pay 11 mOflle owed to us und• thls~ent Alndi wtN be relased wfthln a 30 drp one. fl.t lnip«lion b ccmpleted. 9, Your Propirty: You NlnM ia. our a,-s a,d empl~ from .. dlim, (or Iola ot, or damac• to, your .,.,-ional property orthlt d anOltl« ~ 1fla1 .. ......,. handled or stcnd, orthat -left ar canted In or cn tlw VaHde Of In oirofflcel, wtleth.-Clf flClt dlelouordlm11tWKcauaedbyourn..-..,.,mor-OlhelWINourrei,cnsllilllty. 10. ~: Subleul,!tc: Yowl'tlflt tohold l'lld welhe Rented Pl'Opfflypu11111nt~ 11111~ lsralri~ solely to You and thel.eo catrllo llllldtttlifol'lcl'il'tcllalcllnt car.talari, 1ndshd not Iii aiilped, tnnsf.,.ad, Wiiaud, ~ ot~toaify MNtty In.._ wlltlout OurWlftt9t aulharllltlon. U , ModflaU~ Noterm.ofthll~ent can beWIIMd or modfled ~t by• wdtillltfl1t_h_ slpled: Thls~t~ iilelnlft ........ ~Y!lli~ Ulo All pitar,~..-.uonsn lll'ilmen11il.-i',Qllllnd US.....-«ll"IW. ~•N_mergeq Into thb ~ent • ~ Ha:nrdous Materhll; T-t 111111 not le-,, on the Premllft any llllm d • ~ flam,_,.. or eiq,lo&Jve d'l1rxtllf lfllt mW,t -Mllllbly •-Ille di~• of flie or ftplasion on the Premises or lhlt mw,t-lNI consld-.d haardous or extn haardous by any respontible Insurance company. U . MIIClllllnmus: You -responsible for: (1) obtalnlna al pem,its a,d Mcaae1 requlnld for use of the VeNde; and (b) 11!$1abllshlng .utllty MNlces with thl1'U111rtv prOlllden. A ---by US of I bread, of this Ap'Nment b not I Wllffi' d an 1ddltlonll breach « waiver of th• p•ifotmance of your obMptlons under this Agreement. Our accepunce of payment from yoti or our failun, refusal or Mtf«t to exerclM any of out ~ under this Agreement does not constitute I waiver d any other provtslon ti tllls Aareement. You reluse us Iran all llablllty for con.iequentlal, aped al or punlthie damqes In connection With this rental or It!• ....,.tlon d • whlell. You wll lndemnffy, def,nd. md hold 11J harmle» fl'l)t11 and aplnst 111 dalms arising out o( iiuife fiielifti prac(lces -c:ammlttld by you. If a prowion d lffli AgrNm-itdNmtd void or unenforceable, Ule rema1,_. prCMllofts ~ valid and enforcnble. City Attorney Approved Version 6/12/18 10 ARIZRVS-03 CERTIFICATE OF LIABILITY INSURANCE I JMCDONALD DATE (MM/DD/YYYY} 08/14/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rii:ihts to the certificate holder in lieu of such endorsement(s). PRODUCER The Mahoney Group -Mesa 1835 South Extension Road Mesa, AZ 85210 INSURED Arizona RV Supercenter LLC Lisa Lammey 256 E Main Street Mesa, AZ 85201 COVERAGES CERTIFICATE NUMBER· CONTACT NAME: rtg,N~o. Ext}: (480) 730-4920 I FAX (AIC. No}:(480) 730-4929 i INSURERtSl AFFORDING COVERAGE NAIC# . INSURER A: CENTRAL MUTUAL INSURANCE co. 20230 INSURER B: ConnerPoint General Insurance Comoanv 13043 INSURERC: INSURER D: INSURER E: INSURER F: 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. NOT\NITHSTANDING 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. 1~;: TYPE OF INSURANCE ~.\>P~ ~.'!.~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ □ CLAIMS-MADE CK] OCCUR GP 9893538 10/16/2018 10/16/2019 ~~~~~~J9E~~~~J'ence\ $ 300,000 . X Garage Dealers MED EXP 'Anv one =rson\ $ 2,000 IX Physical Damage PERSONAL & ADV INJURY $ 1,000,000 '------ @'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 □PRO-□ 3,000,000 POLICY JECT : LOG PRODUCTS -COMP/OP AGG $ OTHER $ A ~TOMOBILE LIABILITY ~~~~~~~lNGLE LIMIT $ 1,000,000 ANY AUTO GP 9893538 10/16/2018 10/16/2019 BODILY INJURY /Per oerson) $ ti ~onEs°ONLY iJ ~8~6~ULED BODILY INJURY /Per accident) $ HIRED NON-ED ip~?~tc~d~t?AMAGE AUTOS ONLY X AUTO~vmLY $ I I I $ AIX UMBRELLA LIAB ~ OCCUR I EACH OCCURRENCE $ 4,000,000 ~ cxs 9893537 10/16/2018 10/16/2019 I EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 OED I X I RETENTION$ 0 Aggregate $ 4,000,000 B I WORKERS COMPENSATION XI ~~%UTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N 1019364 01/12/2019 01/12/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ ~FICER/MEMBER EXCLUDED? N/A 1,000,000 ( andatory in NH} E.L. DISEASE -EA EMPLOYEE $ ~~§~~~:~g~ ofOPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 ' DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101. AddHlonal Remarks Schedule. may be attached If more space Is required} CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 799 Pine Ave. Suite 200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE I ;§]-;--- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / / 9893538 11 008 AOE2111uo00212 oos ,1◄ oeoo AUTO DEALERS DECLARATIONS (continued) NAMED INSURED ARIZONA RV SUPERCENTER POI.ICY NUMBER GP 9893538 11 FORMS AND ENDORSEMENTS APPLICABLE TO POLICY GP 9893538 11 ON 10/16/20 FORM NBA EDITION FORM IBLE CA0025 1013 AUTO DEALERS COVERAGE FORM CA0175 1013 AZ-CHANGES CA0205 0514 AZ-CHANGES-NONRENEWAL " CA0301 1013 DEDUCTIBLE LIABILITY COVERAGE CA0449 11 16 PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDr CA2344 1116 PUBLIC OR LIVERY PASSENGER CONVEYANCE EXCLUSION CA2385 1013 EXCLUSION OF TERRORISM INVOLVING NUCLEAR, BIOLOGICAL( CA.2394 101 3 SILICA OR SILICA-RELATED DUST EXCLUSION FOR COVERED AU CA2509 1013 ADDITIONAL INSURED-GENERAL LIABILITY COVERAGES-OWNER: CA2528 1013 ABUSE OR MOLESTATION EXCLUSION FOR GENERAL LIABILITY C CA2536 1013 AUTO DEALERS COVERAGE FOAM-GENERAL LIASILfTY COV TOT. CA2539 1013 SILICA OR SILICA-RELATED DUST EXCL FOR OTHER THAN COVEi CA2557 1013 COMMUNICABLE DISEASE EXCLUSION FOR GENERAL LrABILllY .. CA9903 1013 · AUTO MEDICAL PAYMENTS COVERAGE • CA9910 1013 DRIVE OTHER CAR COVERAGE-BROADENED COVERAGE FOR W CA9944 1013 LOSS PAYABLE CLAUSE IL0017 1198 COMMON POLICY CONDITIONS IL0021 0908 NUCLEAR ENERGY UABILllY EXCLUSION ENDORSEMENT (BROA * 3-2528 0117 A SAFETY MESSAGE TO OUR COMMERCIAL AUTOMOBILE POLIC' • 3-2637 0517 PRE~IUM AUDIT ENDORSEMENT 3-2751 0715 LIMITED FUNGI OR BACTERIA COVERAGE FOR AUTO DEALERS C 3-2807 0315 AUTO DEALERS PLUS ·ENDORSEMENT 3-2903 1013 BLANKET PHYSICAL DAMAGE COMPREHENSIVE COVERAGE '" 3-2904 1215 B~NKET GARAGEKEEPERS COMPREHENSIVE COVERAG£ 3-3087 1016 NOTICE TO POLICYHOL0ERS -NBCA EXCLUSION 20-1768 0891 MUTUAL POLICY CONDITIONS-APPLICABLE TO CENTRAL MUTUAi 20-1769 0891 PROVISIONS APPLICABLE TO CENTRAL MUTUAL & ALL AMERICA * 20-1956 1194 IMPORTANT INFORMATION ABOUT YOUR POLICY RENEWAL • 20-2143 0614 AVAILABLE PAY PLANS • DENOTES FORMS A TT ACHED WITH THIS TRANSACTION Jessica McDonald I Customer Service Agent -Commercial Lines I jmcdonald@mahoneygroup.com The Mahoney Group I Tel: 480-214-2707 1 Fax: 480-730-4929 From: Mick calarco fmailto:Mick.calarco@carlsbadca.gov] Sent: Wednesday, August 14, 2019 10:56 AM 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO DEALERS PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM This endorsement amends the policy by adding the following. Please read each section carefully. LIABILITY COVERAGES Additional Insured -Automatic Status Additional Persons Insured Broad Form Products Coverage Customer Complaint Legal Defense Coverage Employee Benefits Liability Coverage Fellow Employee Coverage Fire, Sprinkler Leakage, or Explosion Location General Aggregate Limit Newly Acquired or Formed Organizations Non-Owned Watercraft or Aircraft Notice of Occurrence, Knowledge of Occurrence, Unintentional Omission Prior Damage Disclosure Acts, Errors or Omissions Reasonable Force Expansion -Property Damage Supplementary Payments -Higher Limit Vehicle Damage to Leased Property Waiver of Transfer of Rights of Recovery Against Others To Us PHYSICAL DAMAGE COVERAGES Audio, Visual and Data Electronic Equipment Coverage Increased Limit Dealers Drive-Away Collision Coverage Employees' Tools Economic Loss False Pretense Coverage Increased Limits at Other Than Scheduled Locations Limits of Insurance -Valuation Provisions Paintless Dent Repair 3-2807 0315 These modifications are subject to the terms and conditions applicable to coverage in the policy except as provided below. If the Declarations or Change Endorsement shows a Covered Auto Symbol for Covered Autos LIABILITY COVERAGE, the following changes apply: 3-2807 03 15 Page 1 of 18