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HomeMy WebLinkAboutSan Diego Leadership Institute Inc; 2018-05-30;AGREEMENT FOR COACHING, TRAINING AND ORGANIZATION DEVELOPMENT SERVICES SAN DIEGO LEADERSHIP INSTITUTE, INC. AGREEMENT is made and entered into as of the 00-tkJ day of __ _._-4--+tr"-..'-'J~----' 2018, by and between the CITY OF CARLSBAD, a municipal ' , and San Diego Leadership Institute, Inc., ("Contractor") for coaching, training evelopment services. RECITALS A. City requires the professional services of a consultant that is experienced in coaching and training employees and providing other organizational development services. B. Contractor has the necessary experience in providing professional services and advice related to employee development and organizational development. 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 five years from the date first above written. 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 Agreement term will be in an amount not to exceed one hundred thousand dollars ($100,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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". 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 City Attorney Approved Version 9/27/17 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 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. City Attorney Approved Version 9/27/17 2 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 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. 10.1.2 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. 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. 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. City Attorney Approved Version 9/27/17 3 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Julie Clark Title HR Director Department Human Resources City of Carlsbad Address 1635 Faraday Ave Carlsbad CA 92008 Phone No. 760-602-2438 For Contractor Name Title Tamara Furman CEO Address 300 Carlsbad Village Drive Suite 108A-128 Phone No. Email Carlsbad CA 92008 858-240-5629 tamara@sdleadershipinstitute.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No. City Attorney Approved Version 9/27/17 4 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 9/27/17 5 employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 9/27/17 6 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR · n here) /4-Q?FJ-R ,4 n/ J2.f77,:J ,;ti t!£cJ j S6'c.;u;-r,q £-j (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ~ ATTEST: 8 ~'-'~a"=-" 1i L\'.)10 w em lll,;,_)1-.-. /J (sign herel _ 1 BARBARA ENGLESON ti -..._ [_;f-/4-/2LEs FU/2111/9/V . 1f?~Z>c/llT> {J£o C1tyClerk ~ (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 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: r!AJ~ ------------Assistant City Attorney City Attorney Approved Version 9/27/17 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to whicil this certificate is attached. and not the truthfulness, accuracy or validity of that doct..ment. State of California County of C.Csi Die~\(' ) On .N)o \I J \ ,30lB before m~. L-e~ \ \C., ~ 0..:)~(\ A-\.£:'orcl - Date , · Here it,~ Name and Title of the Wicer personally appeared C \ \(Lv\Lx \_j::'... \'(,~ -4---\ ,L,I) \IVKL-l] ,.......__ Na e(s) of Signer(s) =rc:L--1:YJ(), <·q ~\ .. A .. I 0::J(:s, -C) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 'e~ ~~ o ~E;IE~O;YN:L~R; of _ · Notary Public· California i -. · · s,n Dipto County I • Commission II 2236231 - •" •' My Comm. Expires Mar 29, 2022 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document l/l[a.U7Yl~rvr~{f..-~191 nJ~ 1 -rlZ~ ~NIN(, "I-ND Title or Type of Document: tPl2({"9NJ2.,H7M1N/·t-:I>ev~f'rn'hl.Jr~,4,,>,1e 6-S. . Document Date: ___________________ Number of Pages: ~l'--'-'Q.__ __ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Sig~r's Name7J?rcn.A::AA: Y"V {hM Pl ..._.:::, ~orporate Officer -Title(s):0#01.t-m e,v ~ Partner -= Limited = General = Individual = Attorney in Fact ·= Trustee = Guardian or Conservator =Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: CJ.Ja-,eu-;5 FJ.-t am;e, AJ ~orporate Officer -Title(s): ... C-e-o~-"'C------= Partner -= Limited = General = Individual =: Attorney in Fact -::::: Trustee = Guardian or Conservator := Other: _____________ _ Signer Is Representing: _________ _ ©2015 Natioral Notary Association • www.Nat1ona/Notary.org , 1-800-US NOTARY (1-800-876-6827) Item :t5907 EXHIBIT "A" SCOPE OF SERVICES For the purpose of maintaining a highly engaged and talented workforce delivering on the City's mission, vision and values, under the direction of the Human Resources Director or his/her designee, Contractor will provide the following services on an as needed basis: Professional Coaching Provide employee development coaching for employees to include: • identifying city/department/team goals and priorities related to the employee's development, • identifying the employee's development needs and creating a plan to address those needs • developing customized coaching plans to include the employee's development goals, milestones and performance measures to gauge success, • providing one on one sessions in person at a City of Carlsbad facility and by phone/web chat, • developing the employee's ability to coach their direct reports and be an effective supervisor • conducting quarterly check-ins with the employee's supervisor and with the HR project manager to review progress and discuss needs for services other than coaching as outlined below in the section titled "Other" and • assessing results and making recommendations for future or ongoing employee development. Contractor will provide the City with a list of available coaches along with a brief summary of their background, experience and contact information (name, phone number, e-mail address, location (city/state)). The City will determine the process for selecting which coach to use for each coaching assignment and will have final determination on the selection of each coach. The City may, at any time during the coaching assignment, with at least two weeks prior notice to Contractor, select a different coach for the assignment. Training Develop curriculum for and/or deliver employee development training to include: • One-on-one, small group (less than 10), mid-size (10 to 30) and large group (30 to 75) sessions held at City of Carlsbad facilities • Teaching methods tailored to the learning styles and needs of each group • Train the trainer sessions that enable HR staff and contractors to effectively deliver specific training to align with city employee development goals Specific training needs to be provided by the HR director or his/her designee. City Attorney Approved Version 9/27/17 8 Other During the course of the coaching assignment, related needs may arise, including, but not limited to: • Team alignment and development • Workforce planning • Succession planning • Organizational development • Classification and compensation Contractor will note these issues during quarterly progress reports with the HR project manager and department director/designee so a coordinated strategy can be developed. Contractor will not pursue strategies to address these related needs without prior approval from the HR project manager. Fees All services will be billed at $300/hr with the exception of training delivery, training workbooks/handouts and organizational development assessment tools. Training Delivery $4,800 Full day (up to 8 hours) $2,400 Half day (up to 4 hours) Other Direct Costs (if any) DISC Assessment $175 Per Person Rate* Meyers-Briggs Type Indicator $175 Per Person Rate* TKI Conflict Mode Instrument $ 40 Per Person Rate* EQ-i 2.0 Workplace Assessment $250 Per Person Rate* lnsiQhts Discovery Assessment $250 Per Person Rate* 360 Assessment (for ManaQers or Executives) $800 Per Person Rate* Training Participant Workbooks/Handouts $50.00 participant training workbooks for most courses, and actual cost of copies for individual handouts (as needed) *The per person charge includes the cost of the actual assessment instrument, administration and data analysis. Invoices Invoices will be sent monthly and will itemize costs per service to include a brief description of the service, the name of the person receiving the service, dates of service, number of hours spent on the service, hourly rate per service. Invoices will be emailed to kim.stankavich@carlsbadca.gov. Travel Reimbursement Travel expenses will be pre-approved by the City. Mileage within the City of Carlsbad or other designated locations for the purposes of providing services will be reimbursed based on current IRS rates. If the consultant is required to travel to city facilities from City Attorney Approved Version 9/27/17 9 outside a radius of 100 miles of the city facility, reimbursement for travel expenses will be paid according to the guidelines below. Reimbursement for Transportation: Consultant may submit receipts for the actual cost of transportation if travel. Use of air, train, private automobile, or other mode of public transportation shall be selected on the basis of the least total cost to the city after all expense items are tabulated. Reimbursement for Lodging: Lodging shall be obtained at the most economical rate available for good quality lodging. Any additional expenses beyond those required for the consultant must be paid by the consultant. Reimbursement for Meals and Incidental Expenses: Consultant may submit receipts for the actual cost of meals, tips and incidental expenses for reimbursement up to a limit of $70 per day. The city will not reimburse the cost of alcoholic beverages. City Attorney Approved Version 9/27/17 10 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/15/2018 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 CONTACT Scott Hartley NAME: Hatter, Williams & Purdy Insurance rA~gNJ0 Extl: (760) 795-2002 I FAX (A/C,Nol: (760) 929-0534 2230 Faraday Ave E-MAIL scotth@hwpinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Carlsbad CA 92008 INSURER A: RLI Insurance Company 13056 INSURED INSURERS: San Diego Leadership Institute INSURER C: 300 Carlsbad Village Dr. INSURER D: Suite 108A-128 INSURER E: Carlsbad CA 92008 INSURER F; COVERAGES CERTIFICATE NUMBER: 18-19 Master 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 ,n,nn POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /MM/DD/YYYY) /MM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [81 OCCUR UJ-\IVll-\~C:. I U ~Cl~ c:.u PREMISES /Ea occurrence) $ 1,000,000 - MED EXP (Any one person) $ 10,000 -A y PMB0001012 03/01/2018 03/01/2019 PERSONAL & ADV INJURY $ -GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 / ~ DPRO-DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY; JECT $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ --$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE -POLICY LIMIT $ Errors & Omissions A RTP0011621 03/01/2018 03/01/2019 Each Claim $1,000,000 ./ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is named Additional Insured if required by written contract 30 days notice of cancellation exept 1 O days notice for nonpayment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave AUTHORIZED REPRESENTATIVE ~/4,tl ,J /' ~ Carlsbad CA 92008 "N I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I Policy Number: PMB0001012 Named Insured: Team Furman Inc RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". additional insured under this policy must apply 011 a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that . contract or agreement. 2. ~he insurance provided to the additional insured by this endorsement is limited as follows: 4. The following is added to SECTION m K. 2. a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any professional services. c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an Transfer of Rights of Recovery Against Others .. to Us -COMMON POLICY CONDITIONS (BLIT APPLICABLE TO ONLY TO SECTION II - LIABILITY) We waive any rights of recovery we may hmIe against any person or organization because of payments we make for "bodily injury", "propmty damage" or "personal and advertising injury" arising out of "your work'' performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304G 04 13 Page 1 of 1