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Katz and Associates Inc; 2019-06-25;
City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AND AMEND THE AGREEMENT FOR PUBLIC OUTREACH AND INVOLVEMENT SERVICES KATZ & ASSOCIATES, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2020, extending the agreement dated June 25, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Katz & Associates, Inc., a corporation ("Contractor") (collectively, the “Parties”) for professional public outreach and involvement services. RECITALS A. On June 25, 2019, the Parties executed the Agreement for professional photography and videography services; and B. The Parties desire to extend and fund the Agreement for an additional period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 25, 2021 on a time and materials basis not to exceed thirty-five thousand dollars ($35,000.00). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// DocuSign Envelope ID: 388E7D80-DD82-4E5F-9F69-6FFA3F52A9DC 15th June City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Communication & Engagement Director (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON 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 Group B Chairman, President, or Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 388E7D80-DD82-4E5F-9F69-6FFA3F52A9DC Heather Ruiz-Warlop, Secretary Derek Danziger, President City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES Public Outreach and Involvement Services Provide public outreach and involvement services as needed to support the city’s communication function, including: Public information for city issues, events, projects and services. Coordination of public outreach and involvement activities to promote awareness of and involvement in city programs, events, issues and services. Workshop preparation and facilitation. Public participation strategy and public meeting facilitation and event support. Production of city informational materials. Coordination and promotion of special events and public meetings. Writing news releases, articles, website content, fact sheets and informational descriptions of city issues, events, projects and services. These tasks will be directed by the communications manager. Other Considerations All works submitted to and accepted by the city must be an original piece written by the Contractor. All works submitted by the Contractor must be in standard U.S. English and adhere to the City of Carlsbad Writing Style Guide. All works must be submitted in Microsoft Word format and include a headline pertaining to the work in bold. The work should appear in a non-bolded Calibri, 12 point font. All works must be written in AP style format. The City reserves the right to use all submitted works in current and/or future forms of current media and/or media to be developed. Total (not to exceed) thirty-five thousand dollars ($35,000) DocuSign Envelope ID: 388E7D80-DD82-4E5F-9F69-6FFA3F52A9DC INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Travelers Property Casualty Co America Travelers Casualty and Surety Company Travelers Casualty Ins Co of America 02/06/2020 Marsh & McLennan Insurance Agency LLC CA License #0H18131 PO Box 85638 San Diego, CA 92186 Ashley Chuong 858 750-4676 858-452-7530 Ashley.Chuong@MarshMMA.com Katz & Associates, Inc. 1450 Frazee Rd, Suite 200 San Diego, CA 92108 25674 19038 19046 AX X X X X 6806K7602121942 02/10/2020 02/10/2021 2,000,000 1,000,000 5,000 2,000,000 4,000,000 4,000,000 C X X XX X X BA3L8024671942G 02/10/2020 02/10/2021 1,000,000 A XX X0 XXCUP6K7605501942 02/10/2020 02/10/2021 4,000,000 4,000,000 PROD COMP OP 4,000,000 A X UB8K7442811942G 06/11/2019 06/11/2020 X 1,000,000 1,000,000 1,000,000 B B B PROFESSIONAL LIAB CYBER LIABILITY FIDUCIARY LIAB 0106238254 0106238254 0106238254 02/10/2020 02/10/2020 02/10/2020 02/10/2021 02/10/2021 02/10/2021 $3,000,000 $1,000,000 $1,000,000 The City of Carlsbad, its officials, employees and volunteers are named as additional insured with respect to liability arising out of activities performed by or on behalf of the Named Insured on primary and non contributory basis. Waiver of subrogation applies. City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 1 of 1#S4669575/M4669518 KATZASSOCIClient#: 476824 WSSBS1 of 1#S4669575/M4669518 INSURED: POLICY #: POLICY PERIOD: TO Katz & Associates, Inc. 6806K7602121942 02/10/2020 Carlsbad, CA 92008-1949 1200 Carlsbad Village Drive City of Carlsbad 02/10/2021 INSURED: POLICY #: POLICY PERIOD: TO Katz & Associates, Inc. 6806K7602121942 02/10/2020 02/10/2021 &*' &200(5&,$/*(1(5$//,$%,/,7< 7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< 27+(5,1685$1&(±$'',7,21$/,1685('6 7KLVHQGRUVHPHQWPRGLILHVLQVXUDQFHSURYLGHGXQGHUWKHIROORZLQJ &200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57 &RS\ULJKW7KH6W3DXO7UDYHOHUV&RPSDQLHV,QF$OOULJKWVUHVHUYHG3DJHRI 3529,6,216 &200(5&,$/*(1(5$//,$%,/,7<&21',7,216 6HFWLRQ ,9 3DUDJUDSK 2WKHU ,QVXUDQFH LV DPHQGHGDVIROORZV 7KH IROORZLQJ LV DGGHG WR 3DUDJUDSK D3ULPDU\ ,QVXUDQFH +RZHYHULI \RX VSHFLILFDOO\DJUHH LQ D ZULWWHQ FRQ WUDFW RU ZULWWHQ DJUHHPHQW WKDW WKH LQVXUDQFH SUR YLGHG WR DQ DGGLWLRQDO LQVXUHG XQGHU WKLV &RYHUDJH 3DUW PXVW DSSO\RQ D SULPDU\EDVLVRU D SULPDU\DQG QRQFRQWULEXWRU\EDVLVWKLV LQVXU DQFH LV SULPDU\WR RWKHU LQVXUDQFH WKDW LV DYDLO DEOH WR VXFK DGGLWLRQDO LQVXUHG ZKLFK FRYHUV VXFK DGGLWLRQDO LQVXUHG DV D QDPHG LQVXUHGDQG ZH ZLOO QRW VKDUH ZLWK WKDW RWKHU LQVXUDQFHSURYLGHG WKDW D7KH ERGLO\LQMXU\RU SURSHUW\GDPDJHIRU ZKLFKFRYHUDJHLVVRXJKWRFFXUV DQG E7KH SHUVRQDO LQMXU\RU DGYHUWLVLQJ LQMXU\IRU ZKLFK FRYHUDJH LV VRXJKW DULVHV RXW RI DQ RI IHQVHFRPPLWWHG VXEVHTXHQW WR WKH VLJQLQJ DQG H[HFXWLRQ RI WKDW FRQWUDFWRUDJUHHPHQWE\\RX 7KH ILUVW 6XESDUDJUDSK RI 3DUDJUDSK E([ FHVV ,QVXUDQFH UHJDUGLQJ DQ\RWKHU SULPDU\LQ VXUDQFHDYDLODEOHWR\RXLVGHOHWHG 7KH IROORZLQJ LV DGGHG WR 3DUDJUDSK E([FHVV ,QVXUDQFHDV DQ DGGLWLRQDO VXESDUDJUDSK XQGHU 6XESDUDJUDSK 7KDW LV DYDLODEOH WR WKH LQVXUHG ZKHQ WKH LQVXUHG LV DGGHG DV DQ DGGLWLRQDO LQVXUHG XQGHU DQ\RWKHU SROLF\LQFOXGLQJDQ\XPEUHOODRUH[FHVVSROLF\ INSURED: POLICY#: POLICY PERIOD: TO: Katz & Associates, Inc. 6806K7602121942 02/10/2020 02/10/2021 INSURED: POLICY #: POLICY PERIOD: TO Katz & Associates, Inc. 6806K7602121942 02/10/2020 02/10/2021 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT INCREASED LIMITB. EMPLOYEE HIRED AUTO I. WAIVER OF DEDUCTIBLE GLASSC. EMPLOYEES AS INSURED J. PERSONAL PROPERTYD. SUPPLEMENTARY PAYMENTS INCREASED LIMITS K. AIRBAGS E. TRAILERS INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE TRANSPORTATION EXPENSES INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of your business.The following is added to Paragraph A.1.,Who Is An Insured,ofSECTION II COVERED AUTOS 2.The following replaces Paragraph b.in B.5., LIABILITY COVERAGE:Other Insurance,ofSECTION IV BUSI- NESS AUTO CONDITIONS:Any person or organization who is required under a written contract or agreement between you and b.For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov-executed by you before the "bodily injury" or ered "autos" you own:"property damage" occurs and that is in effect (1)Any covered "auto" you lease, hire,during the policy period, to be named as an addi-rent or borrow; andtional insured is an "insured" for Covered Autos (2)Any covered "auto" hired or rented byLiability Coverage, but only for damages to which your "employee" under a contract inthis insurance applies and only to the extent that an "employee's" name, with yourperson or organization qualifies as an "insured" permission, while performing dutiesunder the Who Is An Insured provision contained related to the conduct of your busi-in Section II.ness.B. EMPLOYEE HIRED AUTO However, any "auto" that is leased, hired,1.The following is added to Paragraph A.1.,rented or borrowed with a driver is not aWho Is An Insured,ofSECTION II COV-covered "auto".ERED AUTOS LIABILITY COVERAGE:C. EMPLOYEES AS INSUREDAn "employee" of yours is an "insured" while The following is added to Paragraph A.1.,Who Isoperating a covered "auto" hired or rented An Insured,ofSECTION II COVERED AUTOSunder a contract or agreement in an "em-LIABILITY COVERAGE:ployee's" name, with your permission, while CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved.Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. INSURED: POLICY#: POLICY PERIOD: TO: Katz & Associates, Inc. BA3L8024671942G 02/10/2020 02/10/2021 COMMERCIAL AUTO (2)An adjustment for depreciation and physicalAny "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS INCREASED (3)If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the amount of betterment.1.The following replaces Paragraph A.2.a.(2)of SECTION II COVERED AUTOS LIABILITY (4)A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned covered "auto".(2)Up to $3,000 for cost of bail bonds (in- (5)This Coverage Extension does not apply to:cluding bonds for related traffic law viola- tions) required because of an "accident"(a)Any "auto" that is hired, rented or bor-we cover. We do not have to furnish rowed with a driver; orthese bonds.(b)Any "auto" that is hired, rented or bor-2.The following replaces Paragraph A.2.a.(4)of rowed from your "employee".SECTION II COVERED AUTOS LIABILITY G. PHYSICAL DAMAGE TRANSPORTATIONCOVERAGE:EXPENSES INCREASED LIMIT(4)All reasonable expenses incurred by the The following replaces the first sentence in Para-"insured" at our request, including actual graph A.4.a.,Transportation Expenses,ofloss of earnings up to $500 a day be-SECTION III PHYSICAL DAMAGE COVER-cause of time off from work.AGE:E. TRAILERS INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum ofThe following replaces Paragraph C.1.of SEC-$1,500 for temporary transportation expense in-TION I COVERED AUTOS:curred by you because of the total theft of a cov- 1."Trailers" with a load capacity of 3,000 ered "auto" of the pri ate passenger type.v pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONICon public roads.EQUIPMENT INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b.of SECTION III PHYSICAL The following is added to Paragraph A.4.,Cover- DAMAGE COVERAGE is deleted. age Extensions,ofSECTION III PHYSICAL I. WAIVER OF DEDUCTIBLE GLASSDAMAGE COVERAGE:The following is added to Paragraph D.,Deducti-Hired Auto Physical Damage Coverage ble,ofSECTION III PHYSICAL DAMAGE COVERAGE:If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos"No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than replaced.also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover-J. PERSONAL PROPERTYage is extended to "autos" that you hire, rent or The following is added to Paragraph A.4.,Cover-borrow subject to the following:age Extensions,ofSECTION III PHYSICAL DAMAGE COVERAGE:(1)The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the Personal Property Coveragelesser of:We will pay up to $400 for "loss" to wearing ap- (a)$50,000; parel and other personal property which is: (1)Owned by an "insured"; and(b)The actual cash value of the damaged or stolen property as of the time of the (2)In or on your covered "auto"."loss"; or This coverage only applies in the event of a total (c)The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover-property of like kind and quality.age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved.CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS (2)Any: The following is added to Paragraph B.3.,Exclu-(a)Overdue lease or loan payments at thesions,ofSECTION III PHYSICAL DAMAGE time of the "loss";COVERAGE:(b)Financial penalties imposed under aExclusion3.a.does not apply to "loss" to one or lease for excessive use, abnormal wearmore airbags in a covered "auto" you own that in-and tear or high mileage;flate due to a cause other than a cause of "loss"(c)Security deposits not returned by the les-set forth in Paragraphs A.1.b.and A.1.c., but sor;only: (d)Costs for extended warranties, Credit Lifea.If that "auto" is a covered "auto" for Compre-Insurance, Health, Accident or Disabilityhensive Coverage under this policy;Insurance purchased with the loan orb.The airbags are not covered under any war-lease; andranty; and (e)Carry-over balances from previous loansc.The airbags were not intentionally inflated.or leases.We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATIONone "loss".The following replaces Paragraph A.5.,TransferL. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us,The following is added to Paragraph A.4.,Cover-of SECTION IV BUSINESS AUTO CONDI-age Extensions,ofSECTION III PHYSICAL TIONS:DAMAGE COVERAGE:5. Transfer Of Rights Of Recovery AgainstAuto Loan Lease Gap Coverage for Private Others To UsPassenger Type Vehicles We waive any right of recovery we may haveIn the event of a total "loss" to a covered "auto" of against any person or organization to the ex-the private passenger type shown in the Schedule tent required of you by a written contract exe-or Declarations for which Physical Damage Cov-cuted prior to any "accident" or "loss", pro-erage is provided, we will pay any unpaid amount vided that the "accident" or "loss" arises out ofdue on the lease or loan for such covered "auto"the operations contemplated by such con-less the following: tract. The waiver applies only to the person or(1)The amount paid under the Physical Damage organization designated in such contract.Coverage Section of the policy for that "auto"; and CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved.Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. INSURED: POLICY #: POLICY PERIOD: TO Katz & Associates, Inc. BA3L8024671942G 02/10/2020 02/10/2021 INSURED: POLICY #: POLICY PERIOD: TO: Katz & Associates, Inc. UB8K7442811942G 06/11/2019 06/11/2020 INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Travelers Property Casualty Co America Travelers Casualty and Surety Company Travelers Casualty Ins Co of America 02/06/2020 Marsh & McLennan Insurance Agency LLC CA License #0H18131 PO Box 85638 San Diego, CA 92186 Ashley Chuong 858 750-4676 858-452-7530 Ashley.Chuong@MarshMMA.com Katz & Associates, Inc. 1450 Frazee Rd, Suite 200 San Diego, CA 92108 25674 19038 19046 AX X X X X 6806K7602121942 02/10/2020 02/10/2021 2,000,000 1,000,000 5,000 2,000,000 4,000,000 4,000,000 C X X XX X X BA3L8024671942G 02/10/2020 02/10/2021 1,000,000 A XX X0 XXCUP6K7605501942 02/10/2020 02/10/2021 4,000,000 4,000,000 PROD COMP OP 4,000,000 A X UB8K7442811942G 06/11/2019 06/11/2020 X 1,000,000 1,000,000 1,000,000 B B B PROFESSIONAL LIAB CYBER LIABILITY FIDUCIARY LIAB 0106238254 0106238254 0106238254 02/10/2020 02/10/2020 02/10/2020 02/10/2021 02/10/2021 02/10/2021 $3,000,000 $1,000,000 $1,000,000 Re: Master agreement for professional engineering services in public relations. Certificate holder is included as Additional Insured per the attached policy forms. City of Carlsbad Public Works Attn: Rhonda Heather 1635 Faraday Avenue Carlsbad, CA 92008 1 of 1#S4669576/M4669518 KATZASSOCIClient#: 476824 WSSBS1 of 1#S4669576/M4669518 AGREEMENT FOR PUBLIC OUTREACH AND INVOLVEMENT SERVICES KATZ & ASSOCIATES, INC. 1J:ll.S AGREEMENT is made and entered into as of the itr_5tJJ day of ~l bO e.__ , 201:l, by and between the CITY OF C RLSBAD, a municipal corporation, ("City"), and Katz & Associates, Inc., a corporation ("Contractor"). RECITALS A. City requires the professional services of communication consultant experienced in providing public outreach and involvement services for city issues, events, projects and services. B. Contractor has the necessary experience in providing professional services and advice related to public outreach and involvement. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one-year terms. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be an amount not to exceed thirty-five thousand dollars ($35,000.00) and shall be billed at the hourly rates listed below. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000.00) per Agreement year. The City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 6/12/18 (a.) $80 Project Support (b.) $90 Account Coordinator ( c.) $100 Account Assistant (d.) $125 Graphic Design (e.) $135 Account Executive I (f.) $145 Account Executive II (g.) $150 Art Director (h.) $165 Senior Account Executive (i.) $180 Account Supervisor U.) $195 Senior Account Supervisor (k.) $210 Director (I.) $220 Senior Director (m.) $235 Vice President (n.) $260 Executive Vice President/Senior Facilitator (o.) $275 President (p.) $290 CEO 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. City Attorney Approved Version 6/12/18 2 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys' fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the 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. City Attorney Approved Version 6/12/18 3 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. 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. City Attorney Approved Version 6/12/18 4 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name 'lczs~\r:'0-~I Name _N_a_t_al_ia_H_e_n_ts_c_he_l ______ _ Title ~ \{\l\ffillv"~ l0S) ~ /\ N\.lr-Y'~s.() ( Title Senior Account Supervisor Department LI;) 1/Y\'tf::\w,~1\j O\t'l(~ i rdress 1450 Frazee Road, Suite 200 City of Carlsbad t-~lrY\€1/': San Diego, CA 92108 Address \ }OU Cw~ '1\'vt<J j)f\lf{_ Phone No. _8c....:5--=-8--4-=-52=----=-00c....:3--=-1 _____ _ Cw:::V:, ~ct_, C A C\ ?:l'.O~ Email nhentschel@katzandassociates.com • Phone No. 7bo.., y ?>Y -r~c;l 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 ~f he City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or in erests in all categories. YesD No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. 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 City Attorney Approved Version 6/12/18 5 involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must 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 Derek Danziger/President (print name/title) Heather Ruiz-War op/Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~~ [INSERT~!;RSON AUTHORIZED TO SIG~ty Manager or Mayor or Division Director as authorized by the City Manager)] ATTEST: ,~-m~ .......... . BARBARA ENGLESON ~ityClerk 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. City Attorney Approved Version 6/12/18 7 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:_f/J:><....,;;;___~-- Assistant City Attorney City Attorney Approved Version 6/12/18 8 EXHIBIT "A" SCOPE OF SERVICES Public Outreach and Involvement Services Provide public outreach and involvement services as needed to support the city's communication function, including: • Public information for city issues, events, projects and services . • Coordination of public outreach and involvement activities to promote awareness of and involvement in city programs, events, issues and services. • Workshop preparation and facilitation . • Public participation strategy and public meeting facilitation and event support . • Production of city informational materials . • Coordination and promotion of special events and public meetings . • Writing news releases, articles, website content, fact sheets and informational descriptions of city issues, events, projects and services. These tasks will be directed by the communications manager. Other Considerations • All works submitted to and accepted by the city must be an original piece written by the Contractor. • All works submitted by the Contractor must be in standard U.S. English and adhere to the City of Carlsbad Writing Style Guide. • All works must be submitted in Microsoft Word format and include a headline pertaining to the work in bold. The work should appear in a non-bolded Calibri, 12 point font. • All works must be written in AP style format. • The City reserves the right to use all submitted works in current and/or future forms of current media and/or media to be developed. Total (not to exceed) thirty-five thousand dollars ($35,000) City Attorney Approved Version 6/12/18 9 Client#: 476824 KATZASSOCI ACORD,M CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DDIYYYY) 6/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~f~!~cT Ashley Chuong Marsh & Mclennan Agency LLC rtg11ro, Extl: 858 750-4676 Ir~. Nol: 858-452-7530 Marsh & McLennan Ins. Agency LLC ~i:,Ml~h§.:~~_h_ley.chuong@marshmma.com PO Box 85638 INSURER(S) AFFORDING COVERAGE NAIC # San Diego, CA 92186 INSURER A: Travelers Property Casualty Co of Amer 25674 INSURED INSURER B : Travelers Casualty and Surety Company 19038 Katz & Associates, Inc. INSURER c: Travelers Casualty Ins Co of America 19046 5440 Morehouse Dr, Ste 1000 INSURER D: San Diego, CA 92121 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 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. ~~iR -------~y-;;;; I~~~~~~-~~-----~~~:DR--POLICY NUMBER --.-,M=p~"'rccdg"''[ocy~=-aycay~,l.' ,-=1~-=~,~~-=gcc'[y-=~xc-cyy=-,l-r--------L-IM-I-TS---------1 A C X: COMMERCIAL GENERAL LIABILITY _ _j ___ ] CLAIMS-MADE ~ OCCUR ~, ------------ _ I GEN'L AGGREGATE LIMIT APPLIES PER =J POLICY [7 j'rc?T □ LOC i OTHER-------_____________ _ AUTOMOBILE LIABILITY - ! __ Xj ANY AUTO ' 1 OWNED , AUTOS ONLY :--x1 ~GR.f c?s ONLY ;-, -: ----SCHEDULED AUTOS X NON-OWNED AUTOS ONLY X' X A UMBRELLA LIAB I ! OCCUR X --~ r-~ 1 i EXCESS LIAB i I CLAIMS-MADE I I DED I XI RETENTION $0 A ! WORKERS COMPENSATION ! AND EMPLOYERS' LIABILITY y IN ! ANY PROPRIETOR/PARTNER/EXECUTIVE~ 'OFFICER/MEMBER EXCLUDED? L1'-!J i (Mandatory in NH) I 1r yes. describe under : DESCRIPTION OF OPERATIONS below B i Errors&Ommissions i 6806K7602121942 02/10/2019 02/10/2020>--EA_C_H_O_C_CU_R_R_EN_C_E __ -+-$ 2~0_00~0_0_0 __ --1 ~~~~~H?E~~~JcTr?.nce\ $1,000,000 MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 PRODUCTS -COMP/OP AGG $4,000,000 -------------------<-------,-------+-c----------+----------1 BA3L8024671942G 02/10/2019 02/10/2020 fE~~~~~~~llNGLE LIMIT $1,000,000 CUP6K7605501942 UB8K7442811942G 1106238254 P'~==~------t-'~-~-----l BODILY INJURY (Per person) $ BODILY INJURY (Per accIdenl) $ PROPERTY DAMAGE (Per accident) 02/10/2019 02/10/2020_ ,_E_AC_H_O_C_C_UR_R_E_NC_E __ -+-$4~0~00~0~0~0 __ _, AGGREGATE $4 000 000 06/11/2019 06/11/2020 X I ~~:TUTE I IOTH-ER EL EACH ACCIDENT $1 000 000 EL DISEASE -EA EMPLOYEE $1 000 000 EL DISEASE -POLICY LIMIT $1,000,000 02/10/2019 02/10/2020 1,000,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Carlsbad, its officials, employees and volunteers as Additional Insured on General Liability per the attached. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies on General Liability per the attached. 30 days Notice of Cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Sue Armstrong ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 AUTHORIZED REPRESENTATIVE I ~~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 #S4170981 /M4148139 The ACORD name and logo are registered marks of ACORD WXSLK INSURED: Katz & Associates, Inc. POLICY#: 6806K7602121942 POLICY PERIOD: 0211012019 TO 0211012020 C.OMME RC IA.I. Gf NER,'IL l lAB 11. ITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COUMF.RCIAL ('FNFRAl I ABII ITY COVF.RAL;F PART PRO\/tSIONS· 1. WIID IS AN INSlJRFD 1SFCTION II) Is arne.mi,:KI 1o ·nr.l..~e llS ar" ins1. mct rl'1')' rinrs-cl"I l'H •:vgar,;7;i. i 1r:,1 : G,1 !.,.;i;J 1nr~cttor \JocJi t1n""la! 1 n~ .J,-rrt :1 -,·horn yT·.I 'l,,·,~ .:qre.;::: r ;; wrnter ,~,~11.·.;ct e)flfII1;.:1 ::ir1i:1r t,:: loc;~. t,:i .,.,~mo ~s ~1CC11 :::tJI ,1~1.,,:roc. ti.it ord 1• •~dn re,;ie,::1 t:-: lial",111,-,,;ric,1 "q 1:-,111 cf •vo Jr t.'~?11-i· nf yc11r Or''[jU1r'D C(_'lt!'-t;..l1!1r!.:. f,y lh~t ;ir}:·11- 1'C•1ct! i'lC..Jre,:J p~1•:i·rn"!d :,y ·,Cu ,:,r fo• ,-,=•u. 2. l"lilh ·nspi:tr:I lo lr,c i·1,;s..Jrcir,ct1 d1ar:Jod lo .Ac:l:ii 1,(,.,1,1 1nsurous l11t! rrnIn1111r ~I cur1cl!1cx·1s app ,· a. Lir111l~ •)I l1,,;ur<1;1f.:•J Hr•J lcllvw1ng 11111,ts 1:,f li.;;;1i11ly rlflrly: 1. T,·1r: ·nils wh ch yn,1 ri~mnd lo prmndo: b. Th::: 11!::.u·a11L:c i.:, tJ.~1.,tJj~ <.h't'r J!1y 't'd 1C arid rn'ce<:th.e ,rsr,r,;r,.;e •J1·.J.,:5:5 ·1rn, havf! ;;~reed i11 a wri11An ron1ract for lh,s insurnnce 10 :ippi)' on ii pr.mar',' or o:ir,tritn;fr,r~ h:11,ii; :J. Th:s nsu-once ::Joes not op::>ly: a. 011 on:i ba5-s lo .:iny pe:sor, or orgiiniz:alior: ror w1,cm you 11,;vi:; purcnasi:;d ar 0111r.er1- ,rnd Co·1lraclors Prolucif\•tt pu-1Icy. b. t,, ·•oo:ldy i11ur1.' ''oroperty dam.'.'lge," ''p,er- :;ornil ir~JJry,' or "ad~•ertising in1ury" ar,~lng out o1 the rnnooring ol or ltro la:J,.;ro t•::i render an~· p:ole..<s-sional ser1ices b.,, or for ','OlL 111• cludi11iJ 1. n·e preparing, ar,;ir□t1irg or failing lo oreparo er approyo nrapa. drawmgi;, op111 rnns. r.;,w.1rts M-rveys, i:-1.;nge or• d;i·s rles11,ns or !>pocd1r:;;lcns· and 2. S,J::ierv,soy 1nspedron or eng r,eeririg :,~r••ices CG 01 05 0-4 94 Co~.1,T1£hf. Thtl Tra·ttil<!rs i•;dernnil1 Ccnrc,any, 199-1. Page 1 of 1 In( udA, f:or:y· ,yt;.:! t,.'hl1R' ;;. frorr, 1nsw;ircte1 Ser\•,ces Otfir;e, lr,r, INSURED: Katz & Associates, Inc. POLICY#: 6806K7602121942 POLICY PERIOD: 0211012019 TO: 0211012020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1 ): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 INSURED: Katz & Associates, Inc. POLICY#: 6806K7602121942 POLICY PERIOD: 0211012019 TO 0211012020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTENDENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Damage To Premises Rented To You Extension • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured-Managers or Lessors of Premises E. Blanket Additional Insured -Lessor of leased Equipment F. Incidental Medical Malpractice G. Personal Injury -Assumed by Contract H. Extension of Coverage -Bodily Injury PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority in- terest on the effective date of the policy. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. I. Injury to Co-Employees and Co-Volunteer Workers J. Aircraft Chartered with Crew K. Non-Owned Watercraft -Increased from 25 feet to 50 feet L. Increased Supplementary Payments • Cost for bail bonds increased to $2,500 • Loss of earnings increased to $500 per day M. Knowledge and Notice of Occurrence or Offense N. Unintentional Omission 0. Reasonable Force -Bodily Injury or Property Damage B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I -Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section 111). 2. This insurance does not apply to damage to premises while rented to you, or temporarily CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section Ill) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for damages be- cause of "property damage" to any one prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or light- ning, or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occur- rence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) is excluded by endorsement. C. BLANKET WAIVER OFSUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. D. BLANKET ADDITIONAL INSURED -MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. E. BLANKET ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D18611 03 whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after the equipment lease expires; or b. "Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of "bodily injury" in DEFINI- TIONS (Section V) is amended to include "In- cidental Medical Malpractice Injury". 2. The following definition is added to DEFINI- TIONS (Section V): "Incidental medical malpractice injury" means bodily injury, mental anguish, sickness or dis- ease sustained by a person, including death resulting from any of these at any time, aris- ing out of the rendering of, or failure to ren- der, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid. d. "Good Samaritan services". As used in this Provision F., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and COMMERCIAL GENERAL LIABILITY for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 2. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. -BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I -Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applica- ble limits of insurance, any act or omission, together with all related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person, will be considered one "occurrence". 6. This Provision F. does not apply if you are in the business or occupation of providing any of the services described in paragraph 2. above. 7. The insurance provided by this Provision F. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. G. PERSONAL INJURY -ASSUMED BY CON- TRACT 1. The Contractual Liability Exclusion in Part 2., Exclusions of COVERAGE B. PER- SONAL AND ADVERTISING INJURY LIABIL- ITY (Section I -Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Contractual Liability "Advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the absence of the contract of agreement. 2. Subparagraph f. of the definition of "insured contract" (DEFINITIONS -Section V) is de- leted and replaced by the following: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third party or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE -BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS - Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. I. INJURY TO CO-EMPLOYEES AND CO- VOLUNTEER WORKERS 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of WHO IS AN INSURED (Section II) do not apply to "bodily injury" for which insurance is provided by paragraph 1. or 2. above. J. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -Coverages): (This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. K. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -Coverages) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Provision K. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of a water- craft. 3. The insurance provided by this Provision K. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. L. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY- MENTS -COVERAGES A AND B (Section I - Coverages) are amended as follows: 1. In Part b. the amount we will pay for the cost of bail bonds is increased to $2500. Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D18611 03 2. In Part d. the amount we will pay for loss of earnings is increased to $500 a day. M. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim under this insur- ance shall be given as soon as practicable af- ter knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section II -Who Is An In- sured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice. Knowledge by other "employee(s)" of an "oc- currence" or of an offense does not imply that you also have such knowledge. 2. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II -Who Is An Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice discovers that the "occurrence", offense or claim may involve this policy. 3. However, this Provision M. does not apply as respects the specific number of days within COMMERCIAL GENERAL LIABILITY which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" which causes "bodily injury" or "property damage" which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. 0. REASONABLE FORCE -BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- sonable force to protect persons or property. CG 01 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5 INSURED: Katz & Associates, Inc. POLICY#: 6806K7602121942 POLICY PERIOD: 0211012019 TO 0211012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: 30 Number of Days Notice of Cancellation: NON RENEWAL: Number of Days Notice of Non renewal: PERSON OR ORGANIZATION: ADDRESS: PROVISIONS: City of Carlsbad Attn: Sue Armstrong 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. IL T4 00 12 09 © 2009 The Travelers Indemnity Company Page 1 of 1