Loading...
HomeMy WebLinkAboutProject AWARE Inc; 2019-08-14;AGREEMENT FOR AT-RISK JUVENILE BEHAVIOR COUNSELING PROJECT AWARE, INC. THIS AGREEMENT is made and entered into as of the \ l{+""-,. ~'s>i-, 20J1_, by and between the CITY OF CARLSBAD, cOfPtion, ("City"), and Project AWARE, Inc., a corporation, ("Contractor"). RECITALS day of a municipal City requires the professional services of a counselor that is experienced in at-risk Juvenile delinquent behavior. Contractor has the necessary experience in providing these professional services, 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be three thousand dollars ($3,000.00) per two-month session with a maximum of four sessions per year. Additionally, Contractor will host four one-time "Awareness" classes at five hundred dollars ($500.00) per class. The total fees shall not exceed fourteen thousand dollars ($14,000.00) per year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's 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 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. General Counsel Approved Version 1/30/13 1 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the Executive Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to City by certified mail. City will be named as additional insured on General Liability which shall provide primary coverage to City. Contractor will furnish certificates of insurance to City with endorsements to City, prior to City's execution of this Agreement. 7. 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 four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. General Counsel Approved Version 1/30/13 2 14. 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 (sign here) Reginald Washington, Director (print name/title) By: (sign here) \<.e.g 1 /\Ci \ 0 Wrv:b 1 ~t\Y\ J ~ \((~C.b( (print name/titl CITY OF CARLSBAD a municipal corporation of the State of California By ~~ ~geC Mayo ATTEST: SZL ;:!... <;2w::rrr-- BARBARA ENGLESONV 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: _/lk ____ J_~.......____- Assistant City Attorney General Counsel Approved Version 1/30/13 3 EXHIBIT "A" SCOPE OF SERVICES 1. The City shall provide a Conference room for each session at the Safety Center. 2. Project AWARE, Inc. will implement and administer the program for the City of Carlsbad Police Department. The services are designed to teach and encourage at-risk youth to make better decisions for their future. 3. Project AWARE, Inc. will provide the program to all juveniles enrolled in the City of Carlsbad Police Department's Juvenile Justice Program. 4. The Contractor will provide the Carlsbad Police Department with four sessions, which include eight classes per session in Fiscal Year 2019-20. Each session will be billed at $3000 at the conclusion of the session. The dates of each session are as follows. a. Project Aware Session I (September-October 2019) dates: Sept. 3, Sept.10, Sept. 17, Sept. 24, Oct. 1, Oct. 8, Oct. 15, Oct. 22 b. Project Aware Session II (January 2020) dates: Jan. 7, Jan. 8, Jan. 14, Jan 15, Jan 21, Jan 22, Jan 28, Jan. 29 c. Project Aware Session Ill (March 2020) dates: Mar. 3, Mar. 4, Mar. 10, Mar. 11, Mar. 17, Mar. 18, Mar. 24, Mar. 25 d. Project Aware Session IV (May 2020) dates: May 5, May 6, May 12, May 13, May 19, May 20, May 26, May 27 5. Each of the above sessions will be held once a week for eight consecutive weeks. Each individual workshop is one hour and forty-five minutes long. The maximum enrollment for each session is twenty juveniles. There is no minimum enrollment. 6. Each session will consist of eight course workshops. The course workshops shall include social skill development, empathy training, cognitive skills, problem solving skills, anti-gang information, gang awareness & prevention, self-assessment, substance abuse information and infectious disease information. The cost for each session is $3,000. Each workshop will consist of the following: a. Workshop 1 and 2: Introduction and Logistics b. Workshop 3: Emotional Literacy and Empathy c. Workshop 4: Emotional Literacy and Self Worth d. Workshop 5: Emotional Literacy and Restorative Circle Work e. Workshop 6: Emotional Literacy and Healthy Relationships f. Workshop 7: Emotional Literacy and Healthy Relationships g. Workshop 8: My Emotional Literacy Presentation and Graduation 7. Contractor will provide four individual Awareness classes within Fiscal Year 2018-19 at a cost of $500 each. Contractor shall invoice the city for each class at the conclusion of the class. 8. Awareness Sessions are four individual classes focusing on educating juveniles about the law, how the juvenile justice system functions, and the ramifications of criminal activity. The dates of each session are as follows. a. Awareness Session I: October 29, 2019 b. Awareness Session II: February 4, 2020 c. Awareness Session Ill: April 7, 2020 d. Awareness Session IV: June 2, 2020 9. Each Awareness session meets for one three-hour class. The maximum enrollment for each session is twenty juveniles. There is no minimum enrollment. 10. Project AWARE, Inc. will keep the Coordinator of the City of Carlsbad Police Department Juvenile Justice Program and the Family Services Supervisor appraised of current activities of Project AWARE, Inc. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA PHONE (888) 202-3007 I FAX A Ir .. J_ C-6\. fA/C No): 520 Madison Avenue E-MAIL contact@hiscox.com 32nd Floor ADDRESS: New York, NY 10022 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: PROJECT AWARE ENTERPRISE, INC 1610 Hilton Head Court 2268 INSURER C: El Cajon CA 92019 INSURER D: 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE •••~n ••n•n POLICY NUMBER CMM/DD/YYYYl CMM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 ~ ~ CLAIMS-MADE [K] OCCUR DAMAGE TU RENTED PREMISES !Ea occurrence) $ 100,000 ~ MED EXP (Any one person) $ 5,000 A ~ y UDC-2002008-CGL-19 06/20/2019 06/20/2020 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 M □PRO-DLoc SIT Gen. Agg. POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ~ ANY AUTO BODILY INJURY (Per person) $ ~-ALL OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ ---AUTOS ~ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) ~ -- $ H UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS" LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is listed as an Additional Insured and is subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Carlsbad CA 92008 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ---~~,,>-·-·· I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD fl\,,. HISCOX Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: UDC-2002008-CGL-19 PROJECT AWARE ENTERPRISE, INC 18 July 30, 2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, 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 omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA PHONE (888) 202-3007 l FAX ,,..,,.. ~ .... -=x+': iAJC Nol: 520 Madison Avenue E-MAIL contact@hiscox.com 32nd Floor ADDRESS: New York, NY 10022 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: PROJECT AWARE ENTERPRISE, INC 1610 Hilton Head Court 2268 INSURER C: El Cajon CA 92019 INSURER D: 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 P~RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,;~Mi~, '~~7~?,~, LTR TYPE OF INSURANCE ·--~~ HM~ POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ ~ CLAIMS-MADE □ OCCUR DAMAGE 19, RENTED PREMISES Ea occurrence\ $ MED EXP (Any one person) $ ~ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ H □PRO-DLoc POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ ~ : ANY AUTO BODILY INJURY (Per person) $ ~ ALLOWNED -SCHEDULED ~ AUTOS AUTOS BODILY INJURY (Per accident) $ -NON-OWNED iP~~~~c~Je":,8AMAGE $ HIRED AUTOS AUTOS ~--- $ y UMBRELLA LIAB y OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ I I RETENTION$ OED I $ WORKERS COMPENSATION I ~~fTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability y UDC-2002008-E0-19 06/20/2019 06/20/2020 Each Claim: $ 1,000,000 Aggregate: $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is listed as an Additional Insured and is subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Carlsbad CA 92008 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ___ y,f,_<: I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PROJE-1 OP ID: AK ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 07/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER l.UNll\l,I NAME: Kettering-Rose Insurance Wc?i~ Extl: 619-291-7777 I FAX 3545 Camino Del Rio S., Ste. A (AIC, No): 619-291-7776 San Diego, CA 92108 E-MAIL ADDRESS: Robyn Kettering INSURER(S) AFFORDING COVERAGE NAIC# 1NsuRERA:Allstate Ins. Company 19232 INSURED Project Aware Enterprises Inc INSURERS: P.O. Box 261134 INSURERC: San Diego, CA 92196-1134 INSURERD: INSURERE: INSURERF: 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 WlTH 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. l'Lra TYPE OF INSURANCE IIJCn W\/n POLICY NUMBER c~lli"c\%~ (MM/DDrAA!vi LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f---~ CLAIMS-MADE □ OCCUR U/WV-\\>tc I U Kem cu PREMISES (Ea occurrence) $ MED EXP (Any one person) $ -PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 9 □PR~ DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00C rEa acc1denl) -A ANY AUTO X 648109417 11/30/2018 11/30/2019 BODILY INJURY (Per person) $ -ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS -X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS (Per accident) -_ AUTOS $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E L DISEASE -EA EMPLOYEE $ ~m,t1~i1'b'i-r o~d6PERATIONS below E L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Carlsbad is Additional Insured per written contract. CERTIFICATE HOLDER CANCELLATION CITYCA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ~ lu.n fL,t::.VCu.,,-,y I @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO AACW201011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT Coverage provided under this policy is modified by the attachment of this endorsement. If there is any conflict in coverage provisions between this form and any state specific endorsement also attached to this policy, the provision(s) of the state specific form shall apply. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM In SECTION I -COVERED AUTOS, the following changes are made: The following is added: D. Physical Damage Coverage for Temporary Substitute and Leased Autos If Physical Damage Coverage is provided by this policy, the following kinds of "autos" are covered "autos" for the same coverages provided by the policy: 1. Any private passenger "auto", or other than private passenger vehicle with gross vehicle weight of 20,000 lbs. or less, you do not own while used with the permission of the owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss·~ or e. Destruction. 2. Private passenger "autos" and other than private passenger vehicles with gross vehicle weight of 10,000 lbs. or less, leased, hired, rented, or borrowed for a period of 30 days or less. This does not include any vehicle you lease, hire, rent, or borrow from any of your "employees" or partners or members of their households. In SECTION II -LIABILITY COVER/tGE, the following changes are made: Under A. Coverage, Who Is An Insured, the following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or in which you hold a majority interest. This provision applies only if there is no similar insurance provided to that organization. e. Any organization you acquire or form after policy inception, other than a partnership or joint venture, over which you maintain ownership, or in which you hold a majority interest. Coverage under this provision does not apply; (1) If there is similar insurance provided to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any person or organization that you are required to name as an additional insured under the terms of a written job contract, or by written insurance requirements executed prior to any covered "loss" or claim. This protection applies only if the person or organization is liable for the conduct of an '1nsured" and only to the extent of that liability. Under A. Coverage, Coverage Extensions, Supplementary Payments, subparagraphs (2) and (4) are replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. Includes copyrighted material of Insurance Services Office, Inc., with its permission AACW201011 Allstate Insurance Company Page 1 of3 Insured Copy (4) All reasonable expenses incurred by the "insured" at our request, including loss of earnings up to $500 a day because of time off from work. Under B. Exclusions, Fellow Employee, the following paragraph is added: But this exclusion does not apply to "bodily injury" to a fellow "employee" caused by any person whose position within the insured organization is at or above the level of manager or supervisor. Coverage afforded by this provision is excess over any other collectible insurance. In SECTION Ill • PHYSICAL DAMAGE COVERAGE, the following changes are made: Under A Coverage, Glass Breakage -Hitting A Bird Or Animal -Falling Objects Or Missiles, the following is added: If damage to glass is repaired in lieu of being replaced, no deductible will apply for repair only. Under A Coverage, Coverage Extensions, the following is roded: c. Personal Effects Coverage In the event of a total theft of your covered "auto", for which you carry either Comprehensive or Specified Causes of Loss coverage, we will pay up to $500 for the personal effects which are: 1. owned by you; and 2. in your covered "auto" at the time of the total theft of such "auto". No deductible applies to Personal Effects Coverage. Under A Coverage, the following is added: 5. Lease and Loan Gap Coverage In the event of a total 'loss" to a covered "auto" shown in the Schedule or Declarations for which a specific premium charge indicates that physical damage coverage applies, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchasoo with the loan or lease; and (5) Carry-over balances from previous loans or leases. Under D. Deductible, the following paragraph is added: When Collision Coverage is provided by this policy, the deductible amount will not be subtracted from the loss payment in collisions involving your covered "auto" and another auto covered by Allstate Insurance Company or any of it's affiliates. In SECTION IV • BUSI NESS AUTO CONDITIONS, the following changes are made: Under A. Loss Conditions, Duties In The Event Of Accident, Claim, Suit Or Loss Condition, the following is roded under subpart a: Knowledge of an "accident" or '1oss" by any of your agents, servants or "employees" shall not in itself constitute knowledge by you, unless you or one of your corporate officers or managers, or any assignee, shall have received such notice from the agent, servant or "employee". When you report an occurrence of any "accident" or 'loss" to a Worker's Compensation carrier or self insured plan providing the named insured's Worker's Compensation insurance which later develops into a claim submitted under this policy, failure to report such "accident" or "loss" to us at the same time shall not be deemed a violation of this condition. After you become aware of such liability claim arising from the "accident" or 'loss", you must give us prompt notice. Under A Loss Conditions, Transfer of Rights of Recovery Against Others To Us, the following is added: 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 work you perform under a contract with such person or organization, in which you have agreed to waive your right of such recovery. Includes copyrighted material of Insurance Services Office, Inc., with its permission AACW201011 Allstate Insurance Company Page 2 of3 Insured Copy Under B. General Conditions, Concealment, Misrepresentation Or Fraud, the following is a::lded: This condition does not apply to any omission or failure to provide material facts if the omission or failure was unintentional. Includes copyrighted material of Insurance Services Office, Inc., with its permission AACW201011 Allstate Insurance Company Insured Copy Page 3 of3