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HomeMy WebLinkAboutNCST Inc dba North County Student Transportation; 2020-06-29; PSALCA-22091CACity Attorney Approved Version 6/12/18 1 AGREEMENT FOR TRANSPORTATION SERVICES NCST, INC. DBA NORTH COUNTY STUDENT TRANSPORTATION THIS AGREEMENT is made and entered into as of the 29 day of _June 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and NCST, Inc. dba North County Student Transportation, a California corporation, (“Contractor”). RECITALS A.City requires the professional services of a transportation provider that is experienced in transporting students and community members to various Carlsbad locations. B.Contractor has the necessary experience in providing these professional transportation services. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement 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 four (4) additional one (1) 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 shall not exceed seventeen thousand dollars ($17,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed seventeen thousand dollars ($17,000) 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". Fees are based on (1) trips or (2) on an hourly basis. The fee schedule is contained in Exhibit A." Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 2 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 DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 3 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). $5,000,000 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. DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 4 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 For Contractor Name Richard Schultz Name Armin Retone Title Cultural Arts Manager Title Owner Department Library & Cultural Arts Address P O Box 4053 City of Carlsbad Carlsbad, CA 92018 Address 1775 Dove Lane Phone No. 760-231-7770 Carlsbad, CA 92011 Email ncstbus@yahoo.com Phone No. 760-602-2086 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 5 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 DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 6 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26.CERTIFICATIONS Contractor shall provide City with all documentation, licenses, and certifications showing (11) inspection by the California Highway Patrol; (2) compliance with all California Public Utilities Commission requirements/inspections; (3) compliance with all Department of Transportation requirements/inspections; (4) if required, ADA lift compliant buses; and (5) drivers licensed through California Department of Motor Vehicles with all required license classes/endorsements. If any license or certification(s) expires or will expire during the term of this Agreement, Contractor shall provide updated proof of valid license(s) and certificate(s) prior to the license or certification’s expiration date. // DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 7 27.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 CITY OF CARLSBAD, a municipal corporation of the State of California By: Armin Retone, Owner/President (print name/title) Library & Cultural Arts Director As authorized by the City Manager ATTEST: For BARBARA ENGLESON Maria Retone, Secretary 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, Secretary, President, or Assistant Secretary, Vice-President 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: For CELIA A. BREWER, City Attorney BY: Assistant City Attorney By: (sign here) By: (sign here) DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES Contractor will provide bus transportation for the City of Carlsbad Library & Cultural Arts department: 1. Transportation for Three-Part Art gallery education program: The Contractor shall provide at its own expense one bus capable of accommodating up to two elementary level classes, along with adult chaperones, from the school site address with a capacity of transporting up to eighty (80) passengers per field trip. The Contractor shall provide professional bus transportation services to elementary students within Carlsbad Unified School District to participate in the City of Carlsbad’s Three-Part-Art gallery education program. All programming will occur at the Carlsbad City Library complex, at 1775 Dove Lane, Carlsbad, CA, 92011. All field trips needing transportation will be determined and scheduled in advance by each school site directly with the Contractor. Field trips may occur on predetermined Mondays through Thursdays from 8 a.m. until 12 p.m. during the coordinated exhibition dates taking place during the academic school year and on occasional weekends for community events across the city. Upon approval by the Cultural Arts Manager or designee, and following completion of each bus trip, Contractor will submit itemized invoices for approval and payment to the City of Carlsbad, 1775 Dove Lane, Carlsbad, CA 92011 attn: Cultural Arts Manager Richard Schultz. Title 1 Schools & Locations: 1.Buena Vista Elementary School: 1330 Buena Vista Way, Carlsbad, CA 92008 2.Calavera Hills Elementary School: 4100 Tamarack Avenue, Carlsbad, CA 92010 3.Jefferson Elementary: 3743 Jefferson Street, Carlsbad, CA 92008 4.Calavera Hills Middle School: 4104 Tamarack Avenue, Carlsbad, CA 92010 5.Valley Middle School: 1645 Magnolia Ave, Carlsbad, CA 92008 6.Carlsbad Village Academy: 3557 Monroe Street, Carlsbad, CA 92008 Cost per 4 (four) hour round-trip bus trip for Title 1 School events: $365 per trip (Round-trip will be from the identified school and the Carlsbad City Library, 1775 Dove Lane, Carlsbad, CA 92011 City Contact Information: Cultural Arts Manager Richard Schultz 760-602-2086, or Community Arts Coordinator Laurette Garner 760-602-2084, or Cultural Arts General Phone # 760-602- 2090 2.Other Transportation Pre-Arranged Trips: Contractor shall also provide occasional trips with the same capacity for Cultural Arts events throughout the year to service Carlsbad community members. The City will give two weeks advance notice in writing for each scheduled event. All transportation needs with be scheduled by the Cultural Arts Manager or designee. City will provide Contractor the date, pickup and drop off locations. All pick-up and drop-off locations will be within the City of Carlsbad, CA. Each trip will be for a four (4) hour minimum per round trip bus. Cost per four (4) hour round trip bus will be $365 and $85 per hour after the initial four (4) hours. Trips can range from four (4) to eight (8) hours in duration. Costs will be assessed in quarter hour increments after the initial four (4) DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 9 hour minimum at $21.25 per increment; fifteen (15) minutes after the four (4) hours will be charged as four (4) hours total and fifteen minutes before a five (5) hour trip will be billed as five (5) hours total. 3.General Details: •All professional bus transportation services will be operated by employees of Contractor. •Due to COVID-19, the City’s Risk Manager has agreed to allow the vendor to delay binding their general liability insurance coverage and endorsement, until such time that transportation services are requested by the City. Once the City notifies the Contractor of needed services, the Contractor will bind the general liability coverage and endorsement with their insurance broker and provide the certificate of insurance to the City within five (5) working days. Any delay in getting the proper insurance documents can give cause for the City to cancel the scheduled trip/service. Once the insurance has been bond, the Contractor will maintain all insurance coverages as agreed in the agreement. •Buses shall be cleaned inside and out as necessary, and repairs to visible body damage, inside and/or out, shall be made after such damage occurs and before used to perform the Services herein. •COVID-19 Industry Guidance: Contractor shall comply with all applicable federal, state, and county industry guidance applicable to bus transportation services and school buses, available at https://covid19.ca.gov/industry-guidance. Applicable industry guidance includes, but is not limited to, the following: o Contractor shall thoroughly clean and disinfect buses daily. Frequently touched surfaces on buses shall be cleaned and disinfected at least daily and, as practicable, frequently throughout the field trip. Frequently touched surfaces include, but are not limited to, seats, arm rests, door handles, seat belt buckles, light and air controls, walls and windows, grab handles, pull-chords and buttons used by riders to request a stop. All areas of drivers’ cab shall be cleaned between shifts or users, whichever is more frequent. Contractor shall use cleaning chemicals approved by the Environmental Protection Agency (EPA) for use against COVID-19, a list of approved chemicals is available at https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars- cov-2-covid-19. •Regular preventative maintenance, as approved by the manufacturer, shall be practiced on all transportation buses. Maintenance records for said transportation buses shall be made available to City on reasonable notice. •Spare buses of appropriate sizes, and meeting all requirements herein, shall be located by the Contractor at points close enough to City so they may be substituted for regularly assigned buses, if needed, to not cause any delay about the Services to be provided herein. •Regular preventative maintenance, as recommended by the manufacturer, shall be performed on all buses. Maintenance records for said buses shall be made available to City on request by the City. DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 City Attorney Approved Version 6/12/18 10 •Buses for use in this Agreement shall not be more than fourteen (14) years old (as measured from the date of manufacture of the bus) at the commencement of services under the terms of this Agreement. 4.Invoicing/ Payment: All invoices submitted to Cultural Arts Manager or designee and shall be sufficiently detailed to include related activities, hourly or trip rate and total costs. Final invoice approval will be completed by the City's Library & Cultural Arts Director or designee. DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2014/01) INS025 (201401) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/16/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Brooker Transportation Agency Inc. 10749 Pearl Road Strongsville OH 44136 CONTACT Amy Hensal NAME: PHONE (440)238-5454(A/C, No, Ext): FAX (440)238-0262(A/C, No): E-MAIL btaservice@brooker-ins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : PA Manufacturers Association Ins Co 12262 INSURED NCST, Inc., DBA: North County Student Transportation PO Box 4053 Carlsbad CA 92018 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20-21 Liability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT OTHER: PRODUCTS - COMP/OP AGG $ $ A AUTOMOBILE LIABILITY 152001 0978775 4/25/2020 4/25/2021 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ Hired/borrowed $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is additional insured as respects the operations of the named insured and only to the extent the additional insured is held liable for the conduct of the named insured. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Malcolm Brooker/GILM DocuSign Envelope ID: CBCE0AFE-B90C-4744-A617-7EDBDFCBD5D9 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Automatic Data Processing Insurance Agency, Inc. 1 Adp Boulevard Roseland NJ 07068 CONTACT Automatic Data Processing Insurance Agency, Inc.NAME: PHONE 1-800-524-7024(A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : NorGUARD Insurance Company 31470 INSURED North County Student Transportation Inc 311 Airport Rd Oceanside CA 92058 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1561351 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT OTHER: PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A N NOWC166216 01/01/2020 01/01/2021 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CA 92011 City of Carlsbad 1775 Dove Lane Carlsbad