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HomeMy WebLinkAboutDonnoe and Associates Inc; 2018-12-01;AGREEMENT FOR TEST DEVELOPMENT SERVICES DONNOE & ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the 1st day of December, 2018, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Donnoe & Associates, Inc., ("Contractor") for test development services. RECITALS A. City requires the professional services of a screening and selection contractor that is experienced in developing tests and conducting assessments. B. Contractor has the necessary experience in providing professional services and advice related to developing tests and conducting assessments unique to the public sector. 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 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 City Attorney Approved Version 6/12/18 2 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. 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 Julie Clark Title Human Resources Director Department Human Resources City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 760-602-2496 For Contractor Name Diane Donnoe Title Chief Financial Officer Address 3526 Serramont Ct Carmichael CA 95608 Phone No. 916-928-4911 Email exams@donnoe.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!;a 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. City Attorney Approved Version 6/12/18 5 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. 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 By: A . ~~ (sign here) D \ A.rJ f= bot-JN~1 c. f o (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Director ATTEST: ~-~ i.-~ \~h ,a {!1/L~ (sign here) ~RBARA ENGLESON }-\lU{AEI-({, 1>DtJIJl>e, ?R€~,-J>~fJT {/"'City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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: ::LIA A;;;f [ttomey Assistant City Attorney City Attorney Approved Version 6/12/18 7 EXHIBIT "A" SCOPE OF SERVICES Conduct job analysis, develop exams, develop and conduct assessment processes (e.g., during a recruitment, including a promotional recruitment). Job Analysis: Conduct on-site interviews and job inventories. The interviews are conducted with a small number of incumbents and their supervisors and lead to the development of a detailed job inventory. This time-efficient job inventory is administered to a significant sample of incumbents. The resulting data is extensively analyzed resulting in detailed job descriptions. These descriptions are the foundation for the content validity of the examination as they lead directly to a specific exam plan that details the test content and the modes of assessment for this content. The job analysis data itself will also be provided to the City so that it may be used in additional areas such as classification. Test Development: Develop exam content, administrative procedures and instructions based on the job analysis and agreement from the City. The resulting written exams may be expected to assess the knowledge and skill areas that Donnoe & Associates, Inc. and other researchers have shown to accurately predict success in the sorts of job classifications that are the object of these projects. The job analysis will document the rationale for such test components in an exam plan. Test Administration: Test administration guidance materials will be provided for each test component. Periodic and Final Reports: Provide the City with a job analysis and examination plan report. A mid-project report will be provided to the City indicating progress and plans for completion. Finally, a test validation report will be provided. This report will document the content validity of the testing process including activities from each phase and relevant statistical information. City's Role: Donnoe & Associates, Inc. will collaborate with the City throughout the test development and validation project. We would expect the City to participate in the two projects in the following ways: A. Provide preliminary job information such as class specifications, previous job analysis reports, previous announcements, and organization charts. B. Provide subject matter experts (SME's) for several information gathering sessions. C. Communicate with candidates regarding the exam announcement, job applications, test scheduling, and scoring notification. D. Administer job inventories to incumbents. E. Provide facilities for job analysis and other meetings. F. Assist in the coordination of staff acting as SME's, etc. G. Administer all phases of processing following our content validity report (e.g., scoring, challenges, eligible list maintenance, and vacancy referrals). Compensation: Standard pricing for these type projects for 2019 is a $9,500 base fee for development/administration, plus a daily rate of $2,000 for onsite services. City Attorney Approved Version 6/12/18 8 CHUBB Psychologists' Professional Liability Claims Made Insurance Policy Declarations ACE American Insurance Company I PRODUCER NUMBER I 273865 DATE OF ISSUE I October 23, 2018 PSYCHOLOGISTS' PROFESSIONAL LIABILITY CLAIMS MADE INSURANCE POLICY NOTICE: THIS IS A CLAIMS MADE POLICY, PLEASE READ THE POLICY CAREFULLY THIS POLICY/CERTIFICATE IS ISSUED IN ASSOCIATION WITH THE PSYCHOLOGISTS PURCHASING GROUP ASSOCIATION Item POLICY/CERTIFICATE NUMBER: 78G22518495 Named Insured: Donnoe & Associates 1. Address: 3526 Serramont ct· City, State & Zip Code Carmichael, CA 95608 2876 2. Policy Period: From: 11/01/2018 To: 11/01/2019 12 01 A.M. local time at the address shown in Item 1. 3. COVERAGE LIMITS OF LIABILITY PREMIUM Professional Liability $1,000,000 Each Incident $3,000,000 Aggregate Wrongful Employment $5,000 Aggregate $2,058.00 Practices REIMBURSEMENTS Licensing Board Defense $50,000 per Proceeding $45.00 Other Governmental Regulatory $10,000 per Proceeding Body Defense Deposition Expense $5,000 per Insured Premises Medical Payment $2,500 per Person $75,000 Aggregate Assaultan~orBatte~ $1,000 Aggregate Loss of Earnings $500 per Dav, per Insured $15,000 Aaareqate Per Incident Surcharge(s) Total Premium $2,103.00 4. Retroactive Date 11/01/2002 5. This policy is made and accepted subject to the printed conditions in this policy together with the provisions, stipulations and agreements contained in the following form(s} or endorsement(s). PF15215a, PF33748, PF15217a (05/07), CC-1K11i (02/18), PF15245a, PF15235a, PF17914 (02/05), 6. Notice of claim should be sent to: All other correspondence should be sent to: Trust Risk Management Services, Inc. Trust Risk Management Services, Inc. 111 Rockville Pike Ste 700 1791 Paysphere Circle Rockville MD 20850 Chicago, IL 60674 7. REPRESENTATIVE Agent or broker: Trust Risk Management Services, Inc. doing business in CA as TRMS Insurance Agency Office address: 1791 Paysphere Circle City, State, Zip Chicago, IL 60674 Website: www.trustinsurance.com Phone: 1.877 .637 .9700 PF-15215a (04/07) © 2007 The Trust - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Donnoe & Associates 1 Policy Symbol I Policy Number I Policy Period Effective Date CRL 78G22518495 11/01/2018 to 11/01/2019 01/16/2019 Issued By (Name of Insurance Company) ACE American Insurance Company Additional Insured It is agreed that in consideration of the premium charged, the individual(s) or entity(ies) designated below shall be an Insured, under Section Ill. PERSONS INSURED, but only with respect to such individual's or entity's liability arising solely out of an Incident caused by the sole negligence of another Insured: Additional Insured Address Sacramento Reaional Transit District PO Box 2110 Sacramento CA 95812 Citv of Irvine Attn: Purchasina Aaent PO Box 19575Irvine CA 92623 County of Bernalillo Attn: Purchasing Dept 1 Civic Plaza NW Fl 10 Ste 10010Albuquerque NM 87102 Multnomah County Risk Management 501 SE Hawthorne Blvd. Suite 400 Portland OR 97214 City of Beverly Hills Human Resources Dept 455 N. Rexford Dr, 3rd FIBeverly Hills CA 90210 ,., .. ,.f , .. r1 ~:alifornia 1l>'>fe .,, ___ A " The premium for this endorsement is included in the premium shown on the Declarations unless a Additional Premium: specific amount is shown here: Return Premium: All other terms and conditions of this policy remain unchanged. ~B-- Authorized Agent PF-15235a (05/07) © 2007 The Trust Page 1 of 1 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/ODIYYYY) ~ 01/10/2019 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 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 STEVE INDRAJANA, UC# 0077756 ~~~?cT Brenda Holt PHONE --··----· . -,-FAX ------------- 3617 MARCONI AVE 1/IIC, Ng ~Mil' (916) 920-2886 l IAIC Nol: /916) 920-2811 SACRAMENTO, CA 95821-5309 JpM~, brenda.holt.i4iitolslatefarm.com ~ INSURER(S) AFFORDING COVERAGE I NAIC# ' INSURER A: State Farm General Insurance COfl.'l.Q!!.~Y I 25151 INSURED DONNOE & ASSOCIATES INC INSURER B: St.ile Farm fire and Ca~_GQmQanv 25143 3526 SERRAMONT CT INSURER c: State Farm Mutual Automobile Insurance Com,E>,a.!!)' ____ 1 ___ 25178 ___ CARMICHAEL, CA 95608 INSURERD: INSURER E: I INSURER F: I COVERAGES CERTIFICATE NUMBER· CITY OF CARLSBAD REVISION NUMBER· 01102019 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 mm••• ,~~~~) ,:g~'f>M-~1 LTR TYPE OF INSURANCE '"CD u•,n POLICY NUMBER LIMITS A GENERAL LIABILITY y y 90-BV-C787-4 03/23/2018 03/23/2019 EACH OCCURRENCE s 2,000,000 -X '---'--~~~IBES lE';QCC~~ 300,000 COMMERCIAL GENERAL LIABILITY s X CJ CLAIMS-MADE IX] OCCUR ~C?. EXP (Any one person) s 5,000 >---- ----PERSONAL & ADV INJURY _ s --------··---···· 0 _ GENERAL AGGREGATE i s 4,000,000 ~ GEN'L AGGREGArE Lll,Ul APPLIES PER· PRODUCTS -COMP/OP AGG $ 4,000,000 IXl POI.ICY n ~r2; n LOC / s C AUTOMOBILE LIABILITY y N 90-BV-C787-4 ~ 03/23/2018 03/23/2019 ~~t~:-:i;:;iirlNGLE LIMIT ! s 2,000,000 ANY AUTO 242 3266-C23-55 09/23/2018 03/23/2019 BODILY INJURY (Per person) $ f----ALL OWNED ~ SCHEDULED BOOIL Y INJURY (Per acttdent) / f --,_ AUTOS AUTOS 242 3268-C23-55 09/23/2018 03/23/2019 X X NON-OWNED i PRUl-'ERTY DAMAt;E Is HIRED AUTOS r AUTOS /Per accfdentl -$ A X UMBRELLA LIAO ~ OCCUR N:N 55-BW-P810-0 \ 03/23/2018 03/2312019 EACH OCCURRENCE Is 2,000.000 ,__ .._.!...._t EXCESS LIAB CLAIMS-MADE . I , AGGREGATE is 4,000,000 OED I I RETENTIONS I h B WORKERS COMPENSATION I 90-C0-F204•1 ~1c sr~Tu-J_____mL AND EMPLOYERS' LIABILITY y / N 03/23/2018 03/2312019 Q.fil'..l.JMII.S... _ /WY PROPRIETOR/PARTNER/EXECUTIVE 0 G] E.L. EACH ACCIDENT i s 1,000,000 OFFICE/MEMBER EXCLUDED• Y N/A E.L. DISEASE. EA EMPLOYEd $ (11,tandatory In NH} ·1 1,000,000 ff yes, describe ':,~' '"·"'" E.L. DISEASE -POLICY LIMff : $ 1,000,000 □DI I I I I DESCRll'TION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Addlllonal Remarks Schedule, ii more space ls required) 242 3266-C23-55 -2016 Porsche Cayenne VIN: WP1AA2A21GKA36029 'Individual Polley Limit $1,000,000 CSL 242 3268-C23-55 -2013 Ford F150 PU VIN: 1FTFW1EFODKF97706 • individual Policy limit $1,000,000 CSL ADDITIONAL INSURED: CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD Attn: Julie Clark, Human Resources Department 1635 Faraday Avenue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CG Policy No. 90 BVC787 4 7041-FA82 CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 90 BVC787 4 Named Insured: DONNOE & ASSOCIATES INC 3526 SERRAMONT CT CARMICHAEL CA 95608-2876 Name And Address Of Additional Insured Person Or Organization: THE CITY OF CARLSBAD ITS OFFICIALS, EMPLOYEES, AND VOLUNTEERS 1635 FARADAY AVE CARLSBAD CA 92008 7314 1. SECTION II -WHO IS AN INSURED of SECTION II -LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products -Completed Operations "Your work" performed for that additional insured and included in the "products- completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. IC, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II -LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II -GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II - LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II -LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II - COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007033 148011 08-21-2014 IC, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG Policy No. 90 BVC7 8 7 4 7041-FA82 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 90 BVC787 4 Named Insured: DONNOE & ASSOCIATES INC 3526 SERRAMONT CT CARMICHAEL CA 95608-2876 Name And Address Of Person Or Organization: THE CITY OF CARLSBAD ITS OFFICIALS, EMPLOYEES, AND VOLUNTEERS 1635 FARADAY AVE CARLSBAD CA 92008 7314 CMP-4787 Page 1 of 1 The following is added to Paragraph 10.b. of SECTION I AND SECTION II -COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission.