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San Diego Charter Inc; 2018-06-21;
AGREEMENT FOR CHARTERED TRANSPORTATION SERVICES SAN DIEGO CHARTER, INCORPORATED NT is made and entered into as of the ::l }}.J:::: day of ____ ,..::....::,....=... _____ , 2018, by and between the CITY OF C.A'RL.SBAD, a municipal corporatio , ("City"), and San Diego Charter, Incorporated, a corporation, ("Contractor"). RECITALS A. City requires the services of a vendor that is experienced in providing transportation services for large-scale events. B. Contractor has the necessary experience in providing transportation services related to large-scale events. 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 year from the date first above written. The City Manager may amend the Agreement to extend it for four additional one 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. CERTIFICATIONS Contractor shall provide City with all documentation, licenses, and certifications showing: (1) 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. 5. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version 4/1 /15 6. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirteen thousand, two hundred dollars ($13,200). 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 thirteen thousand, two hundred dollars ($13,200) 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". 7. 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. 8. 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. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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' City Attorney Approved Version 4/1 /15 2 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 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. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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. City Attorney Approved Version 4/1 /15 3 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 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. 11.5 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. 12. BUSINESS UCENSE 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. 13. 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. 14. 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. 15. 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. 16. 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 Heather Pizzuto Title Library & Cultural Arts Director Department Library & Cultural Arts City of Carlsbad Address 1775 Dove Lane Carlsbad, CA 92011 Phone No. 760-602-2011 4 For Contractor Name (\1\Q_,,\~-S e--.._ s (,~-\W ~-eJo( I. ' ' Title n'1cii1ct.O-~e<,?:As'6\¼ 11d:: ':t"ft~\V'f { Address 1426 Morena Blvd San Diego CA 9211 0 Phone No. 619-684-5580 Email info@sdcharter.com City Attorney Approved Version 4/1 /15 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. 17. 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. 18. 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. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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. 21. 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 City Attorney Approved Version 4/1 /15 5 put it in order fo~ 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. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. 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. 24. JURISDICTION AND VENUE This Agreement and its performance and all suits and special proceedings under this Agreement shall be construed in accordance with the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, under, or because of this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in the County of San Diego. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this Section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this Section. 25. 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 City Attorney Approved Version 4/1 /15 6 to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. 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. (Remainder of Page Intentionally Left Blank) City Attorney Approved Version 4/1 /15 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 By: 4(sign here) (print name/title) By:~ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Library & Cultural Arts Director ATTEST: City Cler 0--.d \fe~urQ_( ' 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 iA,J(!= Assistant City Attorney City Attorney Approved Version 4/1 /15 8 EXHIBIT "A" SCOPE OF SERVICES Four patron coaches between concert location and designated parking lot to be determined at a later date for seven of the nine 2018 TGIF Concerts in the Parks events: July 13 and 20, 2018 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA $4,000 Three (3) Passenger Motor Coaches (150 Total Capacity) One (1) On-site staff coordinator for non-concert-location parking lots Services include: Delivery, operation, patron assistance, and removal. July 27 and Aug. 3, 2018 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA $4,000 Three (3) Passenger Motor Coaches (150 Total Capacity) One (1) On-site staff coordinator for non-concert-location parking lots Services include: Delivery, operation, patron assistance, and removal. Aug. 10 and 17, 2018 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA $5,200 Four (4) Passenger Motor Coaches (150 Total Capacity) One (1) On-site staff coordinator for non-concert-location parking lots Services include: Delivery, operation, patron assistance, and removal. Total $13,200 All motor coaches will be operated by employees of Contractor and will follow predesignated shuttle route during all events on a continuous route from 4:15 to 9:15 p.m. The fares outlined above are inclusive of PUC tax. • Motor coaches shall be cleaned inside and out as necessary, and repairs to visible body damage, inside or out, shall be made immediately after such damage occurs. • Spare motor coaches of appropriate sizes, and meeting all requirements, shall be located by the Contractor at points close enough to City so they may be substituted for regularly assigned motor coaches, if needed, without delay. • Regular preventative maintenance, as approved by the manufacturer, shall be practiced on all motor coaches. Maintenance records for said motor coaches shall be made available to City on reasonable notice. The Contractor will provide itemized invoices at the completion of each site's services. All work will be coordinated and verified by Community Coordinator Megan Gilby prior to approving invoices. City Attorney Approved Version 4/1 /15 9 SANDIEG-O6 JLEROY ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 04/06/2018 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 License# 0757776 CONTACT NAME: Rancho Bernardo, CA -HUB International Kline Insurance Services PHONE (8 I FAX -- 16766 Bernardo Center Drive (A/C, No, Ext): 58) 675-~4,14 __ • (A/C, No):(858) 675-6450 ----- Suite 115 E-MAIL ~S: ----San Diego, CA 92128 INSURER(S) AFFORDING COVERAGE NAIC # ~ -·- -------INSU.RE!!A, ProtectiveJri~JJ_rance Company _____ 12416 INSURED INSUR!:_l!_B_: _______ ·--- San Diego Charter, Inc. ~_l)RE!!_C: 1426 Morena Blvd. INSURER D: San Diego, CA 92110 ------- __lt!fil)RE!!_ 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. ---·· -" --- l~f~ -TYPE OF INSURANCE ~~J'd-SJJ9tJ POLICY NUMBER POLICY EFF POLICY EXP LIMITS "" /DD/YYYYl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 100,000 5G1002098 02/19/2018 02/19/2019 ~REMISES rEa occurrence\ $ -5,000 ----------------~MED EXP (Any one person) $ ~~RSONAL & ADV INJURY $ 1,000,000 --~ ----·---- GEN'L AGGREGATE LIMIT APPLIES PER .Q~NERALAGGREGATE $ 2,000,000 ~ POLICY I ] mg, D LOG _l'RODUCTS -COMP/OP AGG $ Included OTHER $ A ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT 5,000,000 _(Ea accident) J__ / ANY AUTO 5G1002098 02/19/2018 02/19/2019 BODILY INJURY (Per oersonL J__ --------OWNED X SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS $ --- PROPERTY DAMAGE X HIRED X ~ara~v;g-11~ AUTOS ONLY /Per accident) $ ---- $ UMBRELLA LIAB H OCCUR Et,_CH OCCURRENCE $ -- EXCESS LIAB CLAIMS-MADE AGGREGATE $ -------~ DED I I RETENTION $ $ WORKERS COMPENSATION I PER J I OTH-AND EMPLOYERS" LIABILITY STATUTE _ ER ------Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT ----$ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYE_E $ --~ 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) Pre arranged transportaion The City of Carlsbad, it's officials, employees and volunteers are named as additional insured with respect to liability arising out activities performed by or on behalf of hte Named Insured. Coverage under this policy shall be primary insurance as respects the City, it's officials, employees & volunteers. Waivers of Subrogation apply to General Liability & Auto Liability and will follow from the Insurance Company. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Library & Cultural Arts Department 1775 Dove Lane Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD QHUB May 3, 2018 San Diego Charter, Inc. 1426 Morena Blvd. San Diego, CA 92110 RE: Commercial Automobile & General Liability Insurer: Protective Insurance Company Policy#: 5G1002098 Policy Period: February 19, 2018 to February 19, 2019 Dear Doug, HUB International Kline Insurance Services Inc. 16766 Bernardo Center Drive Suite 115 San Diego, CA 92128 P; (858) 675-6444 F; (858) 675-6450 www.hubinlernational.com Enclosed are 2 endorsements to be attached to your Policy from Protective Insurance Company. This endorsement is adding an Auto Liability & General Liability Waiver of Subrogation for the City of Carlsbad. These endorsements generated an additional premium of $200.00 for which we have attached the invoices. Please send in payment at your earliest convenience. Although we have checked this endorsement for accuracy, we ask that you please take a moment to review and let us know if any other changes need to be made. Thank you for giving us this opportunity to assist you with your insurance needs. Should you have any questions or require further information, please do not hesitate to contact our office. Sincerely, Enclosed Policy Change Number2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY IL 12 01 11 85 POLICY CHANGES Policy Term: 2/19/2018 to 2/19/2019 Policy Number: 5G1002098-00 POLICY CHANGES EFFECTIVE COMPANY 4/6/2018 Protective Insurance Company GU 269 (11-85) NAMED INSURED SAN DIEGO CHARTER INC AUTHORIZED REPRESENTATIVE 5Star Specialty Programs a Division of CRC Insurance Services, Inc. COVERAGE PARTS AFFECTED BusAuto IN CONSIDERATION OF THE ADDITIONAL PREMIUM $200.00 IT IS HEREBY UNDERSTOOD AND AGREED THE FOLLOWING CHANGE(S) APPLY: Add Waiver of Subrogation City of Carlsbad to both the GL and Auto Policy (See Attached CA0444 & CG2404) I LOB Business Automobile Deductible Limit Annual New Annual Old Change II Line(BusAuto) State(CA) <Changed> Loe 1: 1426 Morena Blvd San Diego, CA 92110 Waiver of Subrogation I LOB General Liability Deductible Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal & Advertising Injury Damage to Premises Rented to You Medical Expense $100.00 Total for Article $100.00 $0.00 Limit Annual New Annual Old $1,000,000 $0.00 $2,000,000 $0.00 Included $0.00 $1,000,000 $0.00 $100,000 $0.00 $5,000 $0.00 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED 100.00 $100.00 Changell .00 .00 Included .00 .00 .00 4/30/2018 Authorized Representative Signature Copyright, Insurance Services Office, Inc. 1983 Page 1 of 2 Copyright, ISO Commercial Risk Services, Inc., 1983 Policy Change Number2 GU 269 (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY IL 12 01 11 85 POLICY CHANGES Policy Term: 2/19/2018 to 2/19/2019 Policy Number: 5G1002098-00 NAMED INSURED SAN DIEGO CHARTER INC COVERAGE PARTS AFFECTED POLICY CHANGES EFFECTIVE COMPANY 4/6/2018 Genliab Protective Insurance Company AUTHORIZED REPRESENTATIVE 5Star Specialty Programs a Division of CRC Insurance Services, Inc. Add Waiver of Subrogation City of Carlsbad to both the GL and Auto Policy (See Attached CA0444 & CG2404) I LOB General Liability Deductible Limit Annual New Annual Old Changell Waiver of Subrogation -General Liability $100.00 100.00 Total for Article $100.00 $0.00 $100.00 P/R% .874 Grand Total $200.00 $0.00 $200.00 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED 4/30/2018 Authorized Representative Signature Copyright, Insurance Services Office, Inc. 1983 Page 2 of 2 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: 5G1002098-00 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: San Diego Charter Inc Endorsement Effective Date: 04/06/2018 Name(s) Of Person(s) Or Organization(s): SCHEDULE City of Carlsbad Library & Cultural Arts Department 1775 Dove Lane Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 5G1002098-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Carlsbad Library & Cultural Arts Department 1775 Dove Lane Carlsbad, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 D 0 HUB HUB International Insurance Services Inc. 16766 Bernardo Center Drive Suite 115 San Diego, CA 92128 Phone: 858-675-6444 Fax: 858-675-6450 San Diego Charter, Inc. 1426 Morena Blvd. San Diego, CA 92110 Invoice# 1044664 ACCOUNT NUMBER SANDIEG-06 BALANCE DUE ON ----05/09/2018 ----- Page 1 of 1 DATE 05/02/2018 AMOUNT DUE $100.00 Commercial Automobile PolicyNumber: 5G 1002098 Effective: 02/19/2018 to 02/19/2019 Item # Trans Eff Date Due Date Trans Description 10342870 04/03/2018 05/09/2018 ENDT Auto Waiver of Subrogation Polley Invoice Balance: Total Invoice Balance: ..... PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR REMITTANCE***** More detailed information about how Hub International is compensated can be found at hubinternational.com behind the "How We Get Paid" tab. Amount $100.00 $100.00 $100.00 )LEROY 0 HUB HUB International Insurance Services Inc. 16766 Bernardo Center Drive Suite 115 San Diego, CA 92128 Phone: 858-675-6444 Fax: 858-675-6450 San Diego Charter, Inc. 1426 Morena Blvd. San Diego, CA 92110 ··---- 1 of 1 I Invoice# 1044666 Page ACCOUNT NUMBER DATE SANDIEG-06 05/02/2018 BALANCE DUE ON AMOUNT DUE 05/02/2018 $100.00 , General Liability i PolicyNumbar: 5G1002098 Effective: 02/19/2018 to 02/19/2019 Item # Trans Eff Date Due Date Trans 10342874 02/19/2018 05/02/2018 ENDT Desc-tlon General Liability Waiver of Subrogation Polley Invoice Balance: Total Invoice Balance: ..... PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR REMITTANCE .... * More detailed information about how Hub International is compensated can be found at hubinternational.com behind the "How We Get Paid" tab. Amount $100.00 $100.00 $100.00 JLEROY ACORtl CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDD/YYYY) ~ 7/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATNELY 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 polfcy, 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 NAMr,-'-' Karissa Adams Scoct Held Insurance Agency wc:No Extl: 858-332-2220 JWC,Nol: 858-876-1740 731 S Hwy 101 Suite 10 ADDRESS: karissa@srhinsurance.com INSURl!R(S) AFFORDING COVERAGE Solana Beach CA 92075 INSURER A; Midwest Employers Casualty Company INSURED INSURERB: San Diego Charter Inc INSURERC: 1426 Morena Blvd. INSURERD: INSURERE: San Diego CA 92110 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. TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY = :J CLAIMS-MADE D OCCUR ------------------------ GEN'L AGGREGATE LIMIT APPLIES PER: 7POUcY orre D LOC 7oTHER: AUTOMOBILE LIABILITY -~YAUTO -owNED AUTOS ONLY -HIRED _ AUTOS ONLY .....-SCHEDULED AUTOS ,__ NON-OWNED ,__ AUTOS ONLY -UMBRELLA LIAB HOCCUR EXCESS LIAB CLAJMs-MAOE OED I I RETENTION$ WORKERS COMPENSATION 4ND EMPLOYERS' LIABILITY y / N lt,NY PROPRIETOR/PARTNER/EXECUTIVE~ A OFFICER/MEMBER EXCLUDED? ~ Mandalory In NH) ,, yes, describe under PESCRIPTION OF OPERATIONS below INSD WVD POLICY NUMBER NIA BNUWC01375l2 LIMITS EACH OCCURRENCE $ 1...,-.. .... ,._._ IV ,,_,,,,01;.u $ PREMISES (Ea DCaJ1T1111C8) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG s $ ~:;.;\;i;~r",u"~ "·-· • $ BODILY INJURY (Per person) $ BOOIL Y INJURY (Per ecddent) $ 1Pe<8cc:id~ii'~--" $ $ EACH OCCURRENCE $ AGGREGATE $ s Xls-rATUTE I liY~M· 08/0)/2017 08/01/2018 E.L. EACH ACCIDENT s E.L. DISEASE· EA EMPLOYEE $ E.L. DISEASE. POLICY LIMIT s DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Add~lonal Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION 1,000,000 1,000,000 1,000,000 NAICII 23612 EVIDENCE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. D CORPORATION, All rights reserved. ACORD 2!5 (2016/03) The ACORD name and logo are registered marks of ACORD