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Brown Marketing Strategies Inc DBA Centric; 2020-02-12;
AGREEMENT FOR DIGITAL MARKETING SERVICES BROWN MARKETING STRATEGIES, INC. THIS AGREEMENT is made and entered into as of the I ?...,~ day of ----1...=.L....:=-=~~-----' 2020, by and between the CITY OF CARLSBAD, a municipal y"), and Brown Marketing Strategies, Inc., a corporation ("Contractor"). RECITALS A. City requires the professional services of a digital marketing consultant to engage community members in city programs, events and services. B. Contractor has the necessary experience in creating and implementing digital marketing services. 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 is three (3) years from the date first above written. The City Manager may extend the Agreement for one (1) additional two (2) 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 is not to exceed ninety-six thousand five hundred and twenty-five dollars ($96,525.00), which includes $29,425 in professional services fees and $67,100 in paid media. Professional services will be billed at the follow hourly rates: President/strategist $175 Digital manager/media buyer $125 Content/copywriter $100 Digital specialist $90 Social media coordinator $78 Social media assistant $65 City Attorney Approved Version 6/12/18 Paid media will be negotiated by the contractor and must be approved in advance in writing by the Communication & Engagement director. 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. 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. City Attorney Approved Version 6/12/18 2 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 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. City Attorney Approved Version 6/12/18 3 10.3.1 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. 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. City Attorney Approved Version 6/12/18 4 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 Kristina Ray Name For Contractor S Y\a.V\ Y\ o V\ 1sr o v.s"' Title Director Title Communication & Department Engagement . Address '3~~, Vol--m..lrt, SA-. City of Carlsbad Address 1200 Carlsbad Village Dr. ~ I YlY\ 'D\Lc)>, GA qzLOC, Phone No. tf2 \ 9-S~<.o-t5 '37 D Carlsbad, CA 92011 Email 5 V\J.lY\V\.tM@,.br O vJ ~ Cu.Y°\&). ~ Phone No. 760-434-2957 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. Yes¢' NoD 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 City Attorney Approved Version 6/12/18 5 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 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. City Attorney Approved Version 6/12/18 6 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 CIT~tARLSBAD, a municipal cor~oratio'n of the State of California "' ; By: By: (sign here) (print name/title) (sign here) V\.(!.V\V\. W\. 'B,... CNJY\ (print name/title 7 By "'{JJ ! - ( ]£or+ CHADWICK -City Manager ATTEST: ilAJ-W~ BARBARA ENGLESON City Clerk City Attorney Approved Version 6/12/18 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 BY: t,1,~L-t~ /c-11 UL/ dvz_. Assistant City Attorney City Attorney Approved Version 6/12/18 8 Priority setting EXHIBIT "A" SCOPE OF SERVICES DIGITAL MARKETING Partnering meeting: Contractor will meet with staff from the city's Communication & Engagement Department to identify overall program goals, objectives, priorities and performance measures. Other topics will include project management protocols, approval processes and other administrative issues. Meeting will be 90 minutes and can take place in Carlsbad or by phone. Scoping meeting: Contractor will develop agenda/discussion guide for and facilitate a 120- minute meeting with staff from the Parks & Recreation, Library & Cultural Arts and Communication & Engagement departments to identify criteria for choosing marketing priorities, potential programs/events/audiences to include in first phase and potential performance measures Analytics: Contractor will analyze city-provided data from registration databases, website, social media and email campaigns to further narrow phase one programs and audiences and to develop an effective strategy. Contractor will also obtain and review the following data: • Behavioral, interests and lifestyles (online and offline) • Purchases • Geotargeting • Geoframing (Historical location information) • Demographics • Retargeting and dynamic retargeting (i.e. Retargeting site visits, and retargeting with different messages based on engagement) Research review: Contractor will review reports from previous City of Carlsbad surveys and focus groups covering department programs and services. Final program targets: Contractor will propose a group of audiences/programs/services/events for the first phase of the marketing program as well as suggestions for subsequent phases, backed up by data and based on prior input from city staff. Communication staff will discuss the recommendation with department staff and provide any feedback to the contractor. Contractor will refine as needed and produce a final list of audiences/programs/services/events for phase one. Deliverables Draft list of recommended audiences/programs/services/events for phase one and a one-page summary of rationale based on data and staff input. Produce a final list of audiences/programs/services/events for phase one and up to two subsequent phases. Plan development City Attorney Approved Version 6/12/18 9 Contractor will develop a six-month digital marketing plan that includes: • Objectives and target audiences outlining audience demographics, gee-graphics, characteristics, lifestyle behaviors • A description of how the plan will be measured and adjusted over the implementation period to maximize effectiveness • Deliverables and outcomes outlining the task, the staff responsible and the deadline • Campaign themes and creative strategies outlining proposed creative ideas and applications • Campaign messaging outlining positioning of messaging, key points, and primary and secondary messaging • Paid media plan outlining the channels, timing, reach, frequency and dollar allocations for each channel • Unpaid marketing strategies to supplemenUenhance paid media plan Deliverables • Submit first draft to Communication staff for review • Meet with staff (in person in Carlsbad or by phone) to go over feedback (2 weeks after submittal) • Produce final plan (2 weeks after feedback meeting) Implementation Contractor will implement the approved digital marketing plan to include the following elements: • • • • • • • Provide creative direction and feedback on graphic design elements and copy writing for campaign Identify foot traffic attributions with placement Place/schedule paid media. Provide detailed content calendar for social media and complementary tactics, if any, for implementation by city staff Analyze performance on an ongoing basis and adjust targeting, placement, frequency or other variables as needed. Give direction to Communication staff on adjustments needed to creative based on analytics Provide weekly analysis reports and monthly analysis reports Project manager and other staff as appropriate to prepare agendas for, lead and document decisions/action items for monthly meetings with city staff (in Carlsbad or by phone) to ensure campaign objectives are being met, discuss strategy and ensure roles and needed actions are clearly understood. Reconcile media buy activity monthly and rectify any discrepancies Deliverables • Weekly campaign reports • Monthly campaign reports • Media buy orders for signature • Monthly project management meeting agendas and action items • Social media calendar (if needed) • Creative brief or other detailed direction for city graphic designers City Attorney Approved Version 6/12/18 10 Evaluation • Contractor will prepare a final report assessing the effectiveness of the plan based on the identified performance measures and make recommendations for ongoing digital marketing. Other considerations • Written work products must follow the City of Carlsbad writing style guidelines and be free from Contractor logos or other branding elements. • Contractor is responsible for alerting the city's project manager in advance in writing of any out of scope requests before commencing work. • Contractor will provide invoices to the city in a format specified by the Communication & Engagement director. • Contractor must get approval in advance in writing from the Communication & Engagement director prior to disclosing information about this contract or Contractor activities on behalf of the city, including using this project for marketing purposes, case studies, professional association presentations and any other purpose. • Any creative/design products must conform of the City of Carlsbad brand guidelines. All work products must be provided in the following file formats: • Microsoft Word or Google Docs (for documents) • Microsoft Excel or Google Sheets (for spreadsheets) • Microsoft PowerPoint or Google Slides for presentations City Attorney Approved Version 6/12/18 11 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/00/YYYY) ~ 01/08/2020 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 ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRoDucER ISU Insurance Services Cormarc Tasman CONTACT Linda Ridgway NAME: 25220 Hancock Ave, Suite 200 id~gNfio ""''" (951 )290-5040 I FM Nol: (951 )278-0664 E-MAIL Murrieta, CA 92562 _AD_p_fif;_SJ;• linda@isucormarc.com License#: 0E63467 INSURFRIS) AFFORDING COVERAGE NAIC# INSURER A: Se□ti□el lnsµrance Comoanv. Ltd 29424 INSURED INSURER B: United States Liabilitv Ins 25895 BROWN MARKETING STRATEGIES INC INSURERC: 3687 VOLTAIRE ST STEC INSURERD: SAN DIEGO, CA 92106 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00017974-0 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POU CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE Ml\ y BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN rs SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT!ONS OF SUCH POLICIES. LIMITS SHOWN Ml\ Y HAVE 3EEN REDUCED BY PAID CLAIMS. INSR lYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LTR 1u~n lun,n POLICY NUMBER I MM/ODIYYYY) IMM/DOIYYYY) LIMITS A 1 COMMERCIAL GENERAL UABIUlY y 72SBAAR1532 07/17/2019 07/17/2020 EACH OCCURRENCE s 2 000 000 I--D CLAIMS-MADE [x] OCCUR ~~~t~~JYF~~"~encel s 1 000 000 .._X *Exel Advert lnjuiy MED EXP (Any one person) s 10 000 .._X 0 Deductible PERSONAL & ADV INJURY $ 2 000 000* GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4 000 000 fi POLICY □ r;:ir □ LOC PROOOCTS -COMP/OP AGG $ 4 000 000 OTHER: s A AUTOMOBILE UABILITY 72S8AAR1532 07/17/2019 07/17/2020 COMBINED SINGLE LIMIT IEa acadAnt\ $ 2 000 000 ANY AUTO BODILY INJURY (Per person) $ ,_ 0',11,NED -SCHEDULED BODILY INJURY (Per accident) s ,_ AUTOS ONLY 1--AUTOS 1 HIRED ,_X NON-O'lv'NED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ X 0 deductible s UMBREUA LIAB HOCCUR EACH OCCURRENCE $ ~ EXCESSUAB CLAIMS-MADE AGGREGATE s OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' UABIUTY STATLITE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE -EA EMPLOYE! S ~~~~~-Wt~ ~'gPERATIONS below E.L DISEASE-POLICY LIMIT s B Professional Liabili SP1565210B 01/28/2019 01/28/2020 Limit per ctaim/agg 2,000,000 Claims-made FULL PRIOR ACTS deductible 2,500 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached If more space Is required) City of Carlsbad named as additional insured for general liability with primary wording if required by written contract per policy form SS0008 0405 attached. CERTIFICATE HOLDER City of Carlsbad 1200 Carlsbad Village Drive CARLSBAD, CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. LIN All rights reserved, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by LIN on January 08, 2020 at 11 :42AM ✓ (b) Rented to, 'in the care~. custody or control of, or over w~ich physical q0ntr9!' is· b~i.ng exercis.e<1 for siny purpose by you, any of your "employe_~$", "voluntew workers", any partner or member (if you are a ·partnership or joint venture), or ~ny mempe( .(if you ·are a lirnit~d liabffity com·pany}. b. Real Estate Manag-er Any person (other than your "employee" or· "volunteer worker") . .-or ,any· orgahizatfon vyhile acting as·y9ur real '7stat~·manqger. c. Temporary Custodians Of Your· .Property Any person qr ormrniz?tior,t ):laying proper .temporary custody= of your .property· if you die,.bu't orily: (1)· With respect to·fiabi/lty·arlsing :owt.of the maintenance-qr11s~of~at-property; and (2) Until :your· legal representative ·has been appointed1. d.. 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Newly-Acquired Or Forni'ed Organization Any organization you newly acquire or form, other thpn a partner~hip, jo_int .. yenture or limited liability company; and· over which you maintain.financial Interest of mcire than '50o/~ of the voting_ stock, will qualify as a Named Insured .ihhere is no, other similar insurance. a'{ailaJ;il~ to that:organization .. Howe~er: a. Coverage under this provision is afforded -0nly until the 180th day after you acquire, or form the organization or the end-of :the. pqlicy p~rh?d., yyhjqh~ver is ~rlier;,and Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. ·coverage under this provision does. not apply to: (1) "Bodily injury" o·r "property damage" that.occurred; or · · (2) "Personal and adv~rp~ihg injµry" arisfng··out of an offense. committed .before yo-U acquired or. formed the .organization. 4. Qperator:Qf Mobile Equiprtwnt. With re~pect to "mobile equipment" registered in your name under·any motor vehicle registration lc!lw, ~ny pe\son is an.in~ureq, while .driving such ~quipment along a pl.Jblic highway with your pem1ission. Any other person or orgar:iiza~dn responsible for .the cohdwcr .of sucti f)erson ·is also an. insured, but only with respect to liability arising out of the operation ofthe.equipment, and only if no other insuranqJ of any kind· is avaiiable to that person or organization :for ·thls liabii!ty. However, t10 per~on ororgarii?:ation ,is-an ins.wed with respect to: a, "ijqdi[y injury" to a co-!'emplqyee" ·of the -person driving the equipment; ot b. '!Property damage" to propert\; -owneo by, rented to., in the· charg_e· of or occupied by .you or· the. employer of any person who is an insur~ under this provis.ion. 5. Operator of Nonowned Watercra'ft With respect to watercraft y_oa do not-own that is less than 51 'feet Iona· and is not beiho used .to car,ry,persc;>ns for<? ch<;3rg~. any person is an insured while operating such :wa~erc;raft w°Jth your permission. Any other person or ·organizatioh. -responsible for the .~ondu.ct ·of such person is also an-insured,. but only with respect to liability arising out of the operation of 'the watercn~~, and .only if no oth~r irist.irance of ariy kind· is-a.vailable to. that pe:rspn or. org,;1nization'for'this: liability. However, no person-or organization is an in;s_ured ·\iVith re,~p~ct t~: -a. "B:0dily' injury" .to a co-"ernployee" ·of the per.son operating the watercraft; or p. "Propaty damc;1ge:" tq pr.op!a!rty owned by, rented to, in the charge of or occupietj by ~ou or th.e ~mp,loyer bf any. persQn i,yh9, ii; an insured under this provision. ~Ad?ition~I 11:isureds yV_hen . Requfred By V,Writ1:en -Contract, Written ·Agreement Qr Pe~m/t The person(s)' or organization(s) identified in Paragra,phs a. through t: below an~ addition?.J insureds when you have agreed, in a written Page-1.1 .of24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement ·or because cif a permit issued by a stale or political Sl!.Qdivision,. thc'lt ~~ch p~rson o.c organiz;~tion be addea as an additional insured on your policy, prov[ded the· injury qr damage occurs subsequent to the executlon of the-contract or· agreement, or the·issuance ofthe permit. A person or organization is an additicinai insured under this provision· .only· for that. period of time required by the contract, agreement .or permit How.ever, rio such person or organization is an additi(mal .Insure.cl under this ·p·rovision if suqh person. .or org·anization is incfuded as an additional insured by an endorsement issued by us and made a part-of this Coverage Part; including all persons or organizations adde:d as atjtjitjorial ins!:)re.ds UrJder th~ sp~cifrc additional ir'lsured cover-age grants !ti Section F. -Op'tional Ad-ditional ·1nsu·ret1 Coverages. a: Vendors Any person{s) or orga·nization(s) (referred.to 'below as vendor.), but or.ily with respect fo "bod~y injury' or '1property -damage" arising· out of "your produ.ctsi• Which are. distributed or ~old in the reg~lar cpµrs~ of th~ vendor's business and ohlY if this. Coverage Part ·provides coverage. for "bodily injury" or i•property damc!g.e" included withirc, :the "proi:lucts-compl~ted .operations hazard"·. (1) The insurance afforde.d to the .vendor is subject to the folfow1ng additional Page 12 of24 ~xclusi9.ns; ·This-insurance.does not:apply to: (a) ,;Bodily injury" cir "property tjamag~" Jqr which the, v~ntjor i~ obligated to pay damages by reason of. the assumption of liability. ·rn ·a ·contract or agreemE!n't. This exclusion does not app!y. to ffability fqr dc;=H:nage? t~at the vendor would have 'in the absence of the contract or aweement·;: (b) Any express watranty· 1.1nauth9~lz.ed by yot;J; (c) Any physical or-chemical change . . in the product made infer.itionally .by. the vendor; (d) Rep·ackaging, except when unpacked solely·frn-the purpose of inspection, demonstration, .testing, or the substitution .of· parts: under instn,1c_ti9ns. from the· ma,:iufc\cturer, ahd th.en repackaged in the original container; (e) .Any failure to make such inspections, adjustments,. tests or S~(YiPirJg ·a~ the vendot has agreed to make or normally undertakes to make iri the usual course .of business·, in connection -with the distribution or sale of the produds; (fj Demonstration, lnstallatio'n, se.f'\(!cing ·or .r.ep~ir operations, except SLich: operations performed at the vendor's premises in connection with the sale of the product; .(g) Products Which, after di.stribution or sale qy'you, hBve been labeled or relabeied or used as a conta.in~r, part :or ingrecHimt.of .any othe( thing or -~ubstance by _or· for the v,en.dor; or (h} "Bodily. injury" :or ''property damage'' arising out of the .sole negl/gence of In~ vendor for its own acts or omissions or .those of its employees or anyorie else acting oo its behalf, However,[t!iis exclusion does not apply to: (i) The exceptibns contained In Subparagmphs (d) or {ff or (ii) Such inspections, adjustments, te~ts _or·ser.-.iicing as ~e vet:1dor ircts c191eell tu.make ur 11u11r1cill'y undertakes to make iil the usual (,()Urse .of pµ~ii:iess, :iri connection with-the distribution or sale ofthe !?r'oducts. (2) Thi$ ln:surance. does not apply to any insured p~rson or 0rgani~tipn from whb'm you have acquired .such products, or· ·any ingredient'. part or container, enterin_g ·into, · accompanying or containing s.uch products. b. L.essor:s Of'Equipmen.t. (1) Any person or· :organization from whom ;you le.ase equiptnehf: but only with respec\ to th~ir \iabillty: for "bodl!Y. }1JuryU, ''.property damage" or "personal and advertrsing lnjury" .c.aused; ·in whole or in part, by· your malntenahce, operation ·or ,use of•· ~quipme.nt ieE!setj to yqu. by ?.Yeh persdn qr organizp.tion. Form SS 00' 08 04 05 (2/ ·with respect to the Insurance afforded to these additional insureds,. this in_~\.!r~nce does not ·apply .to i'ltl.Y ;,octurrerice" which takes place after you ceas:e·to·l~ase that.equiprne:nJ. c. Lessors Of Land Or Premises {1) Any person or organization from whom you lease land or premises, but. -only with respect-to liability arising out- of the ownership, maintenance or use o.f th.at: :Part of th~ land or premi~es Jeas-ed to you. (2)' With-respect to the insurance affor.aei:l to these additional insureds,. this insuranc~.does not aP,ply"to; · · (a). Ar:iy "occurr_e/TGe" whiqh takes . °!'llase-·afte'r.you cease.to lease that land or be a tenant-fn that· pr.emises; or (!?)· $tructur<!I ~lterptions, ne':N · c.or.istruction or demolition op-eratlons perform·ed by or on behalf of such person or- orga·n izatioh. d. Architects, Ehg_ineers .Or'"Sui'veyors (1) .Any architect, .engineer, or surveyor, ·but -only with resped·_to liability fo_r "bodiiy il')jl!ry", "p~op~r:tY da!Jlage!' 9r "pe~_onal arid advertising injury'.' caused, in ·wt:iote. or' in paii, by your acts or omissicins or thy• a~b or ;:in1i~~ion~ af.tho~c;, l'.lcting on your-behalf: (a) In conn$dlon with y9ur pr_ernises; or {b) In the performance of your• ongoing operations performe<l by you.or on-your behaJt. {2) With respect tp;lhe insurance afforde:d to these additional insureds, the following additional exclusion applies: This Jnsurance-does not. apply to "bod.ily inJqry", "property; damage" or •ipersona!. ·and adlie"rtlsing injury'~ arising out of the. rendering of·or the failure ·to rend~r ~ny professional services by or for you, including: {a) The preparing·, approving, or: faii'ure to prepare ·or approve, maps; shop drawings, opinions, "reports, surveys, field o·rders, chang~ orders, d~signs or drawings and speclfk:atk,n·s:· or- (b)· Super:visary, inspection, architectural or engineering actl.vitiesi Form SS 00 08 04 05 BUSINESS UABIUTY COVERAGE FORM e. Permits 'Issued By State Or Political Subdivisions (1) .Any state :or political subdivision, but .only With respe_ct to operations pe1formed by you or on your behalf for whiql;l th.e stpte 9r politicar ~,ui;>diyision lic!.S isst.fed ·a p~rmit. (2}· With respe:ct. to the insurance ·a.tforded ·to these additional insure<ls, ·this insurance does not apply to: (a) ''Bodily ir")Jury", "property damage" or "personal and advertisihg injury'! arising out of operations performed. for. tlie state or municip:ality; qr (!:>) ''BQdily injury" Qr "property. damage" included .within the ''products-, completed operations hazard'-':. @ Any Ot'1er Party (1} Ahy other persori-or: organization who is not an insured under Paragraphs ·a. through e, aQQ.V\1·, qut only 1«ith respect to liability for "bodily injury\ "property damag~·• gr "p~rsqnal and advertisibg injury" caused, in whole or in. part, by· your acts or omissions or tlie acts or omissions .of· those acting on your behalf: ( a) lil the. performance of your ongoin~ operations; (b} In :connection with your premises owned by-or rented"to·you; or (c) In connection with .. "yoUr work" -arrd iriclud.eo within the· "products- camp!eted operations hazard", but or1fy if (i) The written contract or written agreement requires ,yow to provide such coverage to such additional insured;_ and (ii} This Coverage: Part provides co~erage for "bodily; injLuy" or "property aamageii incli.Jaed within the •iproducts- c~mpleted qp~ratjons.ha~qr.d''. (2) With r~~p~t \o the insurani:;-e afforded .to these additional irisur.e<ls, this insurance does not apply to: ;;Bodiiy injury",. "property: damage'' or "persqr;ial anc;l ?.d.Y.ertising _injury" arisiilH out .of the ·rendering of, .or tlie failure· to render, any professional architectural, :engineering or surveying services, including: Page-13·.of24 BUSINESS LIABILITY COVERAGE FORM (aJ The preparing, approving, or· failure to .prepare or ·approve; maps, shop dr.awings, opinions, reports, -surveys, · field order.s, :change brders, d_E!signs or drawings and specifications: or {b) $,upervi$pry; •in~pectl?n, architectural or engineeriri_g activities,. The limits of insurance that app!y·to additional lnsurE!9_s a.re described i_n Section p, ,-. L_imits Of Insurance. How -this inst:irance applfes when other- insurance is available to·,an additional rnsured is. de~crib~ i_n tt;e. Other lnsu.ran9e Gondition in Section E .. -Li-ability And Medical Expense_s Gener~! Gonditi<~rJ~- No person or ·organization is an. insured wlth respect. to the. conct·uct of' any current or past partnership; join.t y~nture. or limited !iabil"i.ty· r;:ornRaf)y that is n_ot,SQO'w'.fl a_s a :r~amed: ll)swed ·in the De.clarations. D. LIABIU.TY AND MEDICAL EXPENSES UMITS·OF JNSURANCE 1. The Most-We 'Jyili Pay The Limlts of fnsurance shown in ·the Declarations and the rules .below fix the: most. we will pay regardless of the· number of: a. Insureds·; b:. Qloim::i moc!9. 9r "oui.!o"· ~royg_ht; or· c. Persons or-organlzation·s making claims or bringing "suiis"_. · 2. Aggr~gate Limits The .most we ~viii pa¥ for: a. Damages because of "bodily injury"· and "property dama_ge'.' included in the "produc;t:s-Gompf~:teq ¢p~ration~:f~azard" ls t!1·e Products-Ccinipleted Opei:ations .A;ggreg<=1te Lim.it shown in the Declarations-. b, Qamqges b~cau~e 9f c11! qther "bodily injury", "pr.operty damage" or-''person.al ~nd ad_yertis!ng injury'.', incJuding m~(:jic~I e,g>enses, is .the General Aggregate Limit: shown·1n the Declarations. This Generai Aggregate Llrnit applie.s sep13ra~ely· .to eac)J 9f .y9µr "lqcations" owried'by or rented to you.' "Location" means premises involvi11g: the, same -or coniie.cling lots, or premises whose, cqnnectl9.n l!?: inte~rupted o_nly P.Y ? .street, roadway" or: .rignt-of.:way of a railroad. Page 14 of 24 Thts Generaf Aggr~gate limit does not apply to "property damage" to premises whi(e n~nted to you or tempor1:1rily occupied by you· with permission of the owner,. arising out of fire, lightning or' explosion. ;3. Each .. Qcfu._.-rer~e Limit _SUbject to -2:a. ·or 2.b above, whi_chever applies, the most we .will pay for the sum of all damages because of ali ·''bodily lnjuryii, "prop~rty damag~" and medical .exp~ns~s a8.sing out of any one "occurrence" is th·e Liap!lity and· Medical .Expense:s Limit shown in the Declarations. The mos_t we. will pay for.all medical expenses because ·of ''.~odily injury" sustained by. any qn~ person is t!Je Medicc1I E.xpen~s :Limit shown in tbeDec!a·ratioos·. 4. Personal And Advertising Injury Limit S1.1bject to i°.b. ~qove, _th$ most we w(II pay fur the sum of all damages because ·of all ''personal and advertising inju·ry• sustained by any. one.person or organization is:the Persona·! and_ Advertising Injury Limit shown in the pe~larati9ns:_ 5. -□amage-To. P·reniises ·Rerifed To Ymd.'.imit The Damage To Premises Rented To You .Liinit is_ the rpqst we will pay under Busfr1e~~ Liability Coverage for damages because. of "property damage" to any one premise's, while rented, tq you, or in th.c co.:.c of damogc by fire, lightning or. explosion, while rented ·to you or temporariiy occupied by you with permission of· the Qwner. In tile. q3s_e· ·of d?mage by ilre, lightning: o_r explosion, the Dama-g!" fo Premises· Rented To You Limit appliM to al! dam~ge· cproximaMly ca.u~ed by th~. sa_me ev~nt. whether such damage results·from fire, lightning or-explos16n or r,rny corn_blnation of these . 6. How-Limits Apply To Additional Insureds T!ie most we -will pay on .beh-alf of' a persdii or orm:inizat_ion who is• an additional .insured under tf-Vs -Cdverc;ge Part is the lesse·r of: a. The Hmi~ of insurance specifiec/ in. a written contract, writtein agreement or -p~r:ITJit issued by a !:ltate or ·P91itical subdivision; or b. The. Limits of Insurance shown In the Declarations·. Suen amount snail be a :part of and not in addition to the Limits of insurance shown In lhe Declarations and described in·this Section. For-m SS 00-08 04 05 (6) When You Additional ln~.l:l~nce Are Added As An Insured To Other That is other ini,urance available to you. covering ·liability for dam~ges arising ~~t' of the premises ~r •operations, or prqdl)ct1, i:Jnd completed bperatbns, for whic~ you have .b'ee:n added as an addition·a1 ins"Ured by that. insurance; or {7) Wilen Yciu Add Qtt,~rs As· An Additional lhsu'red To This !nsuranc;e 'That. is other insurance available to an adi:fltional insureq. H,owe\ie,r, the follqV{ing prqvisiqn;; apply-ki other insurance available. to any person or organization who is an additional insured under thi's Coverage, ~ .... rirnary Insurance ~equired By Contract This insurance is primary if ·you have Elgreed ir1 a written co.ntract, written · agreement or permlt that this insurance be primary. If othe1·· insurance is also· primary, we .will share with all that other insuranc·e. tw th£? method. :des9rib1~ci' in c. below. ~F'rimory And N9n-Confribui?ry VTo Other Insurance When Required By Contract lf you have agreed in a written :conttf!c.t, writt~n _agreement or permit tliat this insurance is primary and non-contributory with th~ q.qditia11aJ rnsured's .own insurance, 'this insurance. is primary .anq we· will not see!< contribution from that other: insurance .. Paragraphs (a) and {b)d(? not appJyto other il')SL/rance to ,;vl1ich tt)~ additior:i9] insured has been added as· ah additional'irisured. ·When this inswr'anc13 is e:xc;ess, we Will h~e no duty· und~r thi~ Coyerage,.Part tq defend the insured against any "suit" if any other· insu·rer has a duty to. defend .tlie .insured against that 11suit". ff no other •insurer defenas1 we· will undertake to do so, bµt we y.,:ill ·be enti~)~d to th'? in~uretj'.s rights against all those other. insurers. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM When this 'insurance is excess· over other insurance,. we will pay only our share of th~ a_mm,mt of the· los~, if ;:iny, that exceeds the sum of: {1) The to:tal amount that all such. other insurance would pay .for the ioss .in the ·ap$enc~ ofthis .ii:,s:ur.c1nc;e; a_nd . (2)· Th:e total of all dequctible i:itld :self- insured amounts under all that other insurance. We will share 'the remaining .loss, if ar.iy, with any other insura·nce that i$ not described in thif;Excess Insurance provision and was not boug_ht·specifical!y to apply in excess of the Limits of ln?urar:ice ~tiow.n in the Decl9rations· of this· Coverage P:art. .c. .Method Of-Sharing If all the other insur.ance· p~rn:iits .contribution by equal ·shares, we will follow .this .methqd aj~q. l)i:,der th[s ·approa~h. each insurer contributes equal amounts :until it has :paid its applfcable limit ·of insurance or none. of the loss remains; whichever comes first. If any of the other Insurance does not permit contribution by equal shares; we· will -confribute·by·limits-.. Under this method, each insurer\, share (s based on the ratio of ifu applicable 'limit of ins(!ra,nc;:e to the total applicable limits 'of insurance of all insurers. 0. T1·an~fcr Qf Ri~hfa Of n;cqovc;•:( A'.goin;:i_t .Others To.Us a. Tr.an?f~r'Of Righ~ Qf ~e~·ov:~ry ·1t the insvred has. ·rights to recover all qr part of any payment, including Supplementary Payments·,. we· have made u_nder this (overage part, those right$ are transferred to. us, The insured must. do nothing afte:r Joss to, imp.air' them. At our request, the insured' will bring "suit" or transfer· those rights to· us and help us ·enforce them. This condition. ·does. not apply to· Medi ca j' ExpMse.s Coverage. b. .Waiver Of, Rights. Of .Recovery (Waiver Of Subro~ftion) ·1t the. insured has Waived any dghts of -recovery against any pefSQIJ. or o'rgar'.iization for a[I or part' of any payment, indudin'g Supplementary Payments, .we have made tJnder .this Coverage Part, we .also. waive that right, provided the· insured wa.iv~d their rights of re:i;;overy against such person or organization in a· contract, agree'merit or permit that was executed prior to. the injury Dr damage. Page·l7 .of24 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 01/07/2020 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 ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Automatic Data Processing Insurance Agency, Inc. PHONE I FAX IA/C No Ext): IA/C,No): E-MAIL ADDRESS: 1 Adp Boulevard INSURER($) AFFORDING COVERAGE NAIC# Roseland NJ 07068 INSURER A: AmGUARD Insurance Company 42390 INSURED INSURERS: SHANNON BROWN INSURER C: OBA: Brown Marketing Strategies Inc INSURER D: 3687 Voltaire Street Suite C INSURER E: San Diego CA 92106 INSURER F: COVERAGES CERTIFICATE NUMBER: 1346533 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 ADDL 1:sui,R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYY) IMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -~ CLAIMS-MADE □ OCCUR U"IVl"C,C I U r<C,_ I CU PREMISES /Ea occurrence\ $ MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =7 □ PRO-□LOC POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -/Ea accident) ANY AUTO BODILY INJURY (Per person) $ ---OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ -HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident) ~ - $ . UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ ~----- $ WORKERS COMPENSATION XI ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER --Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE [I] y BRWC057139 07/01/2019 07/01/2020 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate has a blanket Waiver of Subrogation for the following state(s) :CA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Sue Armstrong AUTHORIZED REPRESENTATIVE 1200 Carlsbad Village Drive -n~ )~ )1L._. Carlsbad CA 92008 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD BROWMAR-01 AARMAS ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 1/22/2020 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 ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER • 2~t1~cT Khen Hong Wateridge Insurance Services (ljgNJo, Ext) (858) 452-2200 (..C~. No) (858) 452-6004 10717 Sorrento Valley Road it1D~~ss khong@wateridge.com San Diego, CA 92121 INSURER(Sl AFFORDING COVERAGE NAIC # INSURER A: Hiscox Insurance Co Inc 10200 ---·---- INSURED INSURER B: -----------~--~ Brown Marketing Strategies INSURER C 3687 Voltaire St. #C INSURER D San Diego, CA 92106 INSURER E: INSURER F -- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WlHICH 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 LTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR ADDL1SUBR! INSD WVD POLICY NUMBER - ----------------POLICY EFF POLICY EXP IMM/D0/YYYYl IMM/00/YYYYl LIMITS EACH OCCURRENyJ:: ______ l_ DAMAGE TO RENTED PREMISES /Ea occurrence\ MED EXP /Anv one oersonl PERSONAL&A=D~V~l~NJ~U~R~Y-~$ ___ _ ----! ~'L AGGREGATE LIMIT AP_f'bL~!3 PER POLICY j~-f LOG OTHER AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-OWNED __ AUTOS ONLY __ AUTOS ONLY UMBRELLA LIAB EXCESS LIAB DED RETENTION$ OCCUR CLAIMS-MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY _'(_IJ,I_ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 1t ye'$, Jescr1ue unaer DESCRIPTION OF OPERATIONS below A Professional Liab NIA USUUA276855620 1/28/2020 GENERAL AGGREGATE ____ $_ PRODUCTS -COMP/OP AGG $ COMBINED SINGLE LIMIT (Ea accident) BODILY IN~URY (Per person) BODILY INJURY (Per accident) -I EACH OCCURRENCE _AGGREGATE _$ -·-·----------- PER OTH-STATUTE ER E.L. EACH ACCIDENT cc L DISEASE -E_A EMPLOYEE $ :c.L DISEASE -?OLICY LIMIT $ 1/28/2021 Aggregate 2,000,000 I ! DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER City of Carlsbad Attn: Sue Armstrong 1200 Carlsbad Village Drive Carlsbad, CA 92008 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD /