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HomeMy WebLinkAboutKinsey and Kinsey Inc; 2019-07-03;AGREEMENT FOR CONSUL TING SERVICES RELATED TO LAWSON HCMS KINSEY & KINSEY r:_ THIS AGREEMENT is mad~ and entered into as of the :JC.!~ day of _.....::J=->i....._--+,--------' 20 \'-L by and between the CITY OF CARLSBAD, a municipal "City"), and Kinsey & K.1nsey, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in the Lawson software application, especially in the areas of payroll and benefits. B. Contractor has the necessary experience in providing professional services and advice related to the development and customization of the Lawson software application. 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be in an amount not to exceed seventy five thousand dollars ($75,000) per Agreement year. 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 seventy five thousand dollars ($75,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor· or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is 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 City Attorney Approved Version 6/12/18 2 in the latest Best's Key Rating Guide of at least "AX"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Title Department City of Carlsbad Address Phone No. For Contractor Name Title Address Phone No. Email 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 ■ City Attorney Approved Version 6/12/18 4 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of 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 City Attorney Approved Version 6/12/18 5 employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill /II /II /II 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 B/h ·./~~ ~nhere) ~ (sign here) c~ r;s+;Vle, IL [<1VL50.-J, rea.surer (print name/title) CARLSBAD, a municipal co ora ·on of the State of California ATTEST: (; !Jl. L J/l lr.A. fY"= BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY f!w~ AsslstantCityAttorney City Attorney Approved Version 6/12/18 7 EXHIBIT "A" SCOPE OF SERVICES Assistance to Finance team as requested for Lawson updates related to new system requirements, negotiated changes, upgrades and efficiency enhancements. Availability and Fees • Contractor is available to begin as soon as contract and purchase order are approved. • Functional consulting services will be billed at $175 per hour. • Technical consulting services will be billed at $200 per hour. • Number of hours to complete tasks will not exceed 400 hours. • Unless otherwise agreed to by the City, all services will be delivered by Kevin Cubillas. The City may request, for some Payroll specific tasks, that Brian Thome deliver the consulting services. • The majority of work will be done offsite. City may request Contractor to work onsite at a City facility for one week, if necessary. • Actual travel costs will be billed based on City's pre-approval of travel and costs associated. City Attorney Approved Version 6/12/18 8 {city of Carlsbad Memorandum June 13, 2019 To: From: Via: Re: Scott Chadwick, City Mana& Kevin Branca, Finance Director tlJ3 Laura Rocha, Deputy City Manager, Administrative Services~ Purchasing Exemption for Kinsey and Kinsey Consulting Services The purpose of the memo is to receive city manager authorization for an exemption to the bidding process which staff believes is in the best interest of the city as per Purchasing Code 3.28.110 (N) of the Carlsbad Municipal Code. Background In May 2017 the Finance Department contracted with Kinsey & Kinsey for interface, reporting and consulting services with an annual contract amount of $35,000. The agreement was amended in 2018 and is expiring in 2019. The department desires to extend the agreement for an additional two years and fund the agreement at a not to exceed amount of $75,000 per agreement year. As this amount is over the city's required bidding amount the Finance Department is seeking an exemption to the bidding process. Discussion The Finance Department is requesting to extend and fund the agreement with Kinsey & Kinsey, Inc. for upgrade integrations to the Lawson Human Capital Management System (HCMS). Kinsey & Kinsey has historically provided best in class service as a software integrator, provided excellent services for the value of its contracts, is currently engaged in an awarded contract for concurrent and similar work that will further enhance the integration services provided in this contract extension agreement. A software integrator leads the analysis, development and customization of software update packages and helps city staff determine the most effective way of updating and using HCMS according to City of Carlsbad guidelines and needs. An independent software integrator can better represent the city's interest during software upgrades. Kinsey & Kinsey, Inc., (Kinsey) provided initial consulting services in 2010 with the City of Carlsbad to integrate and customize Lawson HCMS. Kinsey has extensive experience in payroll and benefits consulting services with the Lawson product. Since 2010, as a certified Lawson integration partner, Kinsey has provided ongoing integration support for the City of Carlsbad and is integral to the Lawson HCMS project completion. Kinsey has an established reputation of Administrative Services Department Finance Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2430 t I 760-602-8553 f June 4, 19 Page 2 performance and fulfillment of contract obligations with the City of Carlsbad and has established a reputation of quality, timely and efficient work efforts. I have consulted with the Purchasing Officer (Cheryl Gerhardt) on this issue, where solicitation of bids or proposals would inhibit and delay the Lawson HCMS project underway, and as such, she supports the exemption in this case. Next Steps In summary, staff believes that it is in the best interest of the city to use Kinsey & Kinsey, Inc. for Lawson HCMS integration and upgrade services. Staff requests the city manager's co ideration for recommendation of an exemption to the formal bidding procedures under s cti n 3.28.110 (N) of the Carlsbad Municipal Code for the reasons enumerated above. 23U.J9 Date ACORH CERTIFICATE OF LIABILITY INSURANCE I O,.ff~ ~ 1/21/2019 THIS CERTIACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIACATE 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 pollcy(les) 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 :;.~(;l Esser Hayes Insurance Group ~ ..... ,. 630-355-2077 "FAX 1811 High Grove. Suite 139 l i,i.ir Nol: 630-355-7996 Naperville IL 60540-9100 ~~..... coi@esserhaves.com INSURER(SJ AFFORDING COVERAGE NAICf INSURER A : Hanover Insurance Company 22292 INSURED KINSE-1 INSURER B: ACE AMERICAN INSURANCE COMPANY 22667 Kinsey & Kinsei Inc. INSURERC: I 26 N. Park Bou evard Glen Ellyn IL 60137 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 1459216312 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. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VIIITH 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. I~ TYPE OF IISURANCE ADoL ,11u .... POUCYEFF POLICYEXP LIMITS '-•n lu,un pn, ir,y NUMBER A X COMMERCIAL GEHERAl. UABUTY y y OBCA833726 1/2612019 1/26/2020 EACH OCCURRENCE $ 1.000,000 -D CLAIMS-MADE 0 OCCUR 2~t~~J0 r<t:.NI t:U -M ,c. $500,000 -i MED EXP (Anv one person) S 10,000 I--I PERSONAL & ADV INJURY $1.000,000 GEN"L AGGREGATE LIMIT APPLIES PER: ! I GENERAL AGGREGATE $2,000.000 ~ POLICY □ 18r □ LOC ' PRODUCTS -COMP/OP AGG $2,000,000 I OTHER: $ / A AUTOMOBILE LIABILITY Av.cA833714 -1/26/2019 1/2612020 ~~~~INGLE LIMIT S 1 nnnnnn X ANY AUTO BODILY INJURY (Per person} $ I--ALL OWNED p SCHEDULED I BODtl Y INJURY (Per acddent) $ I--AUTOS AUTOS 1 NON-O'MIIED !;"fOPERTY_~GE s -HIRED AUTOS 7 AUTOS $ A I~ UMBREU.A LIAII Fl OCCUR OBCA833726 1/26/2019 1/26/2020 EACH OCCURRENCE S3.000.000 EXCESS LIAII CLAIMS-MADE AGGREGATE $3,000.000 / oeo I X I RETENTIONS~•• I s WORKERS COMPENSATION ,,.1 I I tffTIITF i I OTH- AND EMPLOYERS" LIABILITY FR i ANY PROPRIETOR/PARTNER/EXECUTIVE OiN/A I E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? l (Mandatory In NH) I E.L DISEASE• EA EMPLOYEE S If~-delaibe under I ! I D SCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT s B Professional ~ i I F14432395 I 8/20/2018 8l20/2019 1,000.000 ea Claim 1.000,000 Agg B Cyber Secufily ! 1 F14432395 8/20/2018 8120/2019 1,000.000 ea Claim 1.000.000 Agg ! i ! I ! l ./ DESCRIP110N OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Rema-llchedule, may be ■ttac:hed if more ■pace I■ required) RE: LAWSON SOFlWARE IMPLEMENTATION ADDITIONAL INSURED: CITY OF CARLSBAD, CALIFORNIA FOR GENERAL LIABILITY ONLY PER FORM ATTACHED. WAIVER OF SUBROGATION AS IT PERTAINS TO GENERAL LIABILITY IN FAVOR OF THE ADDITIONAL INSURED . ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARLSBAD, CA ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: MR. GORDON PETERSON 1635 FARADAY AVENUE ~ATM/3 CARLSBAD CA 92008 I l'_~ AA,. I ~--~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ~f!ji ~ 000130 ~\\HanoV9r ~ insurance croup_ OBCA833726 1309887 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF CARLSBAD, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) For the purpose of coverage provided by this endorsement, the following changes are made to SECTION II • LIABILITY: A. The following is added to SECTION II - LIABILITY, C. Who Is an Insured: Any person or organization shown in the Schedule above is also an additional Insured, but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. The following is added to SECTION II • LIABILITY, D. Liability and Medical Expenses Limits of Insurance: If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsu·rance shown In the Deel a rations. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-19-41 08 16 Includes copyrighted material or Insurance Services Offices, Inc., with Its permission. Page 1 of 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATEpallDDIYVYY) ~ 06/08/18 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 ls an ADOmONAL INSURED, the policy(les) must have ADDrTIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsementls). PRODUCER CONTACT ADn Risk Services, Inc ot Florida l>atRisks.r.tc.,lncofFlonda NAME: 1001 Brlc:kel Bay Cl<iv9, Suite #1100 Wg":o exu, 800-743-8130 I INC. Nol: 800-522-7514 Mi.-nl, Fl 33131-4937 ;.tess: AOP.COI.CenterCAon.c:om INSURER(S) AFFORDING COVERAGE NAICI INSURER A : New Hampshire Ins Co 23841 INSURED INSURERS: ADP TOIIIISoun:e Fl XXIX. Inc. 10200Sunall>riw INSURER C : Miami, Fl 33173 INSURER 0 : Al TERNATE EMPLOYER Kinley & Kinsey INSURERE: 2llNPorkBMI, Glen Elyn, IL 80137 INSURER F : COVERAGES CERTIFICATE NUMBER: 1987446 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 CONDmON 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 CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. ~NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSR WVD fMM/00/YYYYl fMM/00/YYYYl -COMMERCIAL GENERAL UA8IUTY EACH OCCURRENCE $ D CLAJMs-MADE □ OCCUR OMIAGE TO RENTED -PREMISES~• oc:a.nw,col $ MEO EXP /,u,n, one P1110nl $ PERSONAL & AfJV INJURY $ GEN1. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ==i POLICY □ PROJECT □ LOC PRODUCTS· COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY ffi~~~l~INGLE LIMIT $ - ANY AUTO BODILY INJURY /Pe, __ , $ -OWNED ~ SCHEOUU:0 AUTOS ONLY AUTOS -BODILY INJURY /Per acddenll s ' ,--HIRED ,-- NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS OHI.Y f Per acci<lenll $ ,---s UMBRELLA UAB OCCUR EACH OCCURRENCE s ,.._ - EXCESSUAB CLAIMS-MADE AGGREGATE s ., DEC I I RETVmON s WORKERS COIIPEJCSATION X l~TVTE I 10~ ER AHO EMPLOYERS' UASlUTY Y/H A ANY PROPRJETORIPARTNER/EXECUTIVE □ N/A WC 047014236 IL 7/1/2018 7/1/2019 E.L. EACH ACCIDENT s 2,000,000 OFFICER/MEMBER EXCLUDED? {Mandato,y In NH) E.L. DISEASE • EA EMPLOYEE $ 2,000,000 1)'11.--E.l. DISEASE • POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS - DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, A.ddltlonal Rarna<1<s Schedule, may t.. lllUlchocl If ..-e apace Is Nqul,.d) '\ All-•• omp1oyM1 w6rtdng for KINSEY & KINSEY, paid Lnder ADP TOTALSOURCE, INC.'e payroll, are covered under the aboYe stated policy. KINSEY & KINSEY Is an alternate employer under lhls ~~ HCMS Project and Human Reoources Depa!1menl CERTIFICATE HOLDER City of Carlsbad Human Resources Department 1635 Faraday Avenue cartsbad, CA 92008 ACORD 25 (2016/03) ~ ~ .. ' ~ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE1.LED BEFORE THE EXPIRATION DATE THERIEOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WTTH THE POLICY PROVISIONS. AuntORIZED REPRESENTATIVE <fton. d{_ulc 8e1t.vlce!>, 'ln.c of cf'lo1t.ida. © 1988·2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD