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Home My WebLink AboutUrban Corps of San Diego; 2015-02-24; TRAN1181TRAN1181 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR CITYWIDE LITTER REMOVAL & STORM DRAIN INSPECTION & CLEANING SERVICES URBAN CORPS OF SAN DIEGO This Amendment No. 5 is entered into and effective as of the _______ day of ___________________________, 2019, extending and amending the agreement dated February 24, 2015 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Urban Corps of San Diego, a not-for-profit corporation, (“Contractor") (collectively, the “Parties”) for citywide litter removal and storm drain inspection and cleaning services. RECITALS A. On December 24, 2015, the Parties executed Amendment No.1 to the Agreement to increase the amount of cost of services for citywide litter removal and storm drain inspection and cleaning services in the amount of forty-five thousand dollars ($45,000); and B. On February 1, 2016, the parties executed Amendment No.2 to the Agreement to extend and fund the Agreement for a period of one (1) year; and C. On February 17, 2017, parties executed Amendment No.3 to the Agreement to fund and extend the Agreement for a period of one (1) year; and D. On January 29, 2018, parties executed Amendment No.4 to the Agreement to fund and extend the Agreement for a period of one (1) year; and E. The Parties desire to alter the Agreement’s scope of work to extend and fund the agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on February 23, 2020, on a time and materials basis not-to-exceed two hundred twenty-five thousand dollars ($225,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the contractor pursuant to the agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// DocuSign Envelope ID: 7D94CF63-AE68-46E1-AED7-B22658BBD4E3 February 5th TRAN1181 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California URBAN CORPS OF SAN DIEGO, a not-for-profit corporation By: By: (sign here) for Scott Chadwick, City Manager Anne Bernstein, Acting CEO (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Kyle Kennedy, CFO (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: 7D94CF63-AE68-46E1-AED7-B22658BBD4E3 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED,subjectto thetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothe certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED. NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION$ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH)E.L. DISEASE - EA EMPLOYEE$If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) URBAN-7 OP ID: KV 12/11/2018 Keri VogtFaith Insurance ServicesBrakke Schafnitz Ins. Brokers28202 Cabot Rd. Suite 600Laguna Niguel, CA 92677Charles A. Faith 949-365-5144 949-313-3288 keri.vogt@sig.us American States Insurance 19704 General Ins. Co. of AmericaUrban Corps of San DiegoCountyPO Box 80156 San Diego, CA 92138 B X 1,000,000 X Y 24CC28766290 10/25/201810/25/2019 200,000 10,000 1,000,000 3,000,000 X 3,000,000 1,000,000 B X 24CC32284220 10/25/201810/25/2019 X X X X Comp 1,000 X Coll 1,000 XX 6,000,000 A 01SU43636620 10/25/201810/25/2019 6,000,000 B Professional Liab LP7745020K 10/25/201810/25/2019 Per Incid 1,000,000 Aggregate 3,000,000 Agreement Name: UTIL895 City of Carlsbad is named as additional insured as required by written agreement per the attached endorsement COCEXIG City of Carlsbad/CMWD c/o Exigis Insurance Compliance Services P.O. Box 488-ECM#35050 New York, NY 10163-4668 Policy No. 24CC28766290 City of Carlsbad The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 THISCERTIFICATE 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/15/2017 Arthur J. Gallagher & Co.Insurance Brokers of California, Inc. LIC# 07262931255 Battery Street #450San Francisco CA 94111 Urban Corps of San Diego CountyP.O. Box 80156San Diego, CA 92138 NonProfits' United Workers' Compensation Safety National Casualty Corporation 15105NONPUNI-01 1473950847 A NPU - WCG 001-2018 1/1/2018 1/1/2019 X 500,000 500,000 500,000 B Excess Wokers' Comp SP4057827 1/1/2018 1/1/2019 Limit Per OccurenceE.L. Per Occ & AggXS of 500,000 Statutory2,000,000 Re: All California operations of the named insured City of CarlsbadPublic Works/General Services405 Oak AvenueCarlsbad CA 92008 TRAN1181 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR CITYWIDE LITTER REMOVAL & STORM DRAIN INSPECTION & CLEANING SERVICES URBAN CORPS OF SAN DIEGO No.4 is entered into and effective as of the r9.,q+f7 day of "--, 2018, extending and amending the agreement dated February 24, 2015 (the "Agre m n ") by and between the City of Carlsbad, a municipal corporation, ("City"), and Urban Corps o an Diego, a not-for-profit corporation, ("Contractor") (collectively, the "Parties") for citywide litter removal and storm drain inspection and cleaning services. RECITALS A. On December 24, 2015, the Parties executed Amendment No.1 to the Agreement to increase the amount of cost of services for citywide litter removal and storm drain inspection and cleaning services in the amount of forty five thousand dollars ($45,000); and B. On February 1, 2016, the parties executed Amendment No.2 to the Agreement to extend and fund the Agreement for a period of one year; and C. On February 17, 2017, parties executed Amendment No.3 to the Agreement to fund and extend the Agreement for a period of one year; and D. The Parties desire to alter the Agreement's scope of work to extend and fund the agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on February 23, 2019, on a time and materials basis not-to-exceed two hundred twenty five thousand dollars ($225,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the contractor pursuant to the agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill City Attorney Approved Version 1 /30/1 ~ TRAN1181 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR URBAN CORPS OF SAN DIEGO, a not-for/ refit corp~r1. tion By: ,. . / /. l,/l.,~..., ; i-·-------' (sign here) -~\~ Nlc<2AL-J; ~ -~ (print name/title) 1 By: CITY OF CARLSBAD, a municipal corporation of the State of California ~Kevin Crawford () _ ~ City Manager f ( <.;S 1c.k 11:t • ATTEST: ( Ji 1),z··1/'7 -, ,..-// I '---sl~s':rfi.1' E~~'j]Jii~ J/0 /IU v, 1 ''~ /;-<L '(U City Clerk --4--''+--"'-----'--'"""--'---'-"'~'----.......... "'-I-L.:,::_,_--'--'~~=· • :e,\<_ 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: De~ City Attorney Approved Version 1/30/13 2 \ UKt:SAN-7 UP IU: KV ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-11/07/2017 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 ~2AAI~cT Keri Vogt Faith Insurance Services ~gNJo Extl: 949-365-5144 I r..e~ Nol: 949-313-3288 4241 Jutland Drive, Suite 110 San Diego, CA 92117 ~il~~ss: keri.voatl@sia.us Charles A. Faith INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: American States Insurance 19704 INSURED Urban Corps of San Diego INSURER B: General Ins. Co. of America County INSURERC: PO Box 80156 San Diego, CA 92138 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 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 ,~2hli~, LTR TYPE OF INSURANCE IN<:D wvn POLICY NUMBER (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ =:J CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED X X 24CC287662-8 10/25/2017 10/25/2018 PREMISES /Ea occurrence) $ 200,000 X XCU Included MED EXP (Any one person) $ 10,000 ~ PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 =7 D PRO-0LOC 3,000,000 POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ ,/ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT !Ea accidenti $ 1,000,000 B X ANY AUTO X X 24CC32284210 10/25/2017 10/25/2018 BODILY INJURY (Per person) $ x ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X x NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS t'oYtPJ'oo /Per accident) x Comp 1,000 x $ X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 6,000,00C - A EXCESS LIAB CLAIMS-MADE 01SU43636610 10/25/2017 10/25/2018 AGGREGATE $ 6,000,000 / OED I I RETENTION$ $ WORKERS COMPENSATION I ~~~TUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under E.L. DISEASE. POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B Professional Liab LP77450201 10/25/2017 10/25/2018 Per lncid 1,000,000 ,/ Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE Agreement Number: GS1594 City of Carlsbad is named as additional insured per the attached endorsement Thirty (30) days notice of cancellation CERTIFICATE HOLDER CANCELLATION COCARLS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o Exigis Insurance Compliance Services AUTHORIZED REPRESENTATIVE P. 0. Box 468-ECM #35050 fyN-v< New York, NY 10163-4668 I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NO. 24-CC-287662-8 .... REPRINTED FROM Tl IE ARCHIVE THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS .... ~, Libe!'!)_: Mutual. ~ fNSllRANCE COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL CONTRACT, SCHEDULE INSURED BY WRITTEN AGREEMENT OR PERMIT, OR The following paragraph is added to WHO IS AN INSURED (Section II): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurancEi does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment l,ciased to you by such person or organization, subject to the following additional provisions: (a) This insurancEi does not apply to any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of 4 EP AFP-M ETA2-23-PRINTOO 1-0282-0037 · V "" REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS """ (b) This insurance does not apply to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the state or municipality. c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products-completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor ve- hicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machin- ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or Page 2 of 4 AFP·M ETA2-23-PRINTOO 1-0282-0038-V ''" REPRINTED FROM THE ARCHIVE Tl IE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section Ill -Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side- track agreement. Paragraph (6) of this exclusion does not apply to "property damage'' included in the "products- completed operations hazard". Paragraph 6. of LIMITS OF INSURANCE (Section 111) is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO IS AN INSURED -MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section 11): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B -BAIL BONDS -TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or "Suit", including actual loss of earnings up to $500 a day because of time off from work. EMPLOYEES AS INSUREDS -HEAL TH CARE SERVICES Provision 2.a.(1)(d) of WHO IS AN INSURED (Section 11) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section 11) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section I) is replaced by the following: a. ''Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. CG 76 35 02 07 Page 3 of 4 EP AFP-M ETA2-23-PRINTOO 1-0282-0039-V «« REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion IV): We waive any rights of recovery we may have against any person or organization 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 a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE -PER LOCATION For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single "location": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion 111) apply separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "occurrence", claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 AFP-META2-23-PAINTOO 1-0282-0040-V •H• REPRINTED rROM THE ARCH V[. TllE ORIGINAL TRANSACTION MAY IMCLUDEADDITIONALFORMS «~· ~~, Libert)' Mutual. ~ INSURANCE COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 POLICY NUMBER: 24-CC-287662-8 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) ANY AND ALL FUNDING SOURCES AS RESPECTS INSURED'S OPERATIONS THE 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 include as an additional insured the person(s) or organization(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 omissions 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. © ISO Properties, Inc., 2004 CG 20 26 07 04 EP AFP-META2-23-PRINT001·021l2-0034-V POLICY NO. 24CC32842-1 ·cOMME!ltCl,AL t,IJTO CA 71 ·10 ()~ U7 TH~ ENCORSEMENT CHANGES THE POL!CV, PLEASE READ ff CAREFULLY. AlITO PLUS ENDORSEMENT T1ia cndor&:mcnt ruodiN<J::r lmst.irancu J.lWV.'dcd i:mdo, t110 fo.lowlt.)Q; 13USl"JESS AJJTO COVE:Rfl.GE FORM Wllh r.g,.;p~~ h~· C-:ivG~agtii ;:i,wi~hid 1,y tl}i~ EJ'1d1i~<·n~rth It~ wn91si?rt~ ol t·•~ C,N~1.agl-l ·F."orrn ;..ipp_•'l l.lr'l¼~ mndifiefft::y thA P.ndorsP.mP-nt. EXTEr.,OEb CANC€.LL.AT<>N CON_DITION ~rus.g1apn .2.b .. of tac: CANC:EL . .A'HON Ci.'Timo.'l Po-iC'( CO'lflition fl re_r_l;..cecj by t~ !ollowing~. b. 0.r, day~ ~afore the affeqtivo tint~ ::if ~ncclfa:..t'.qn ~ wa caree• for e--iy ott-ior ron~on. TEMP:QRA~Y $U~i$TITUTE AUTO--· PHYSICi\L DAMAGE COVERAGE ~i.dcr i.;a,·.-g,a'.)(! t .. -Cl::1'11 AJi\ I h~iLtiHS; M°c;j- Rli F FD(JIPMfNT ANO TFMPQ~ARY SUFJSTITUTF AUTOS rif SECTIO'I 1 .... COYF.F.FD AUTOS, thE1 foliowing· is ad~tc.!. It Phyt;ir.a' '.liitrage cr.veragn· 's oro•1.idc:d hy tri:a; Cov· emge ·Form, thar you ha•:c coverage far: Any ''nuto' Y',:m. do not own v.tiilr. 11tiod ·,r.•itr the pof- mi1".sio1 c,I, ltP-o\0/rier a.c;· a -lAtr1po.-ary ~ub~titli.R· fQt -a. co ... ·crcd ·'a.Jk;' you owr: · iti.ai is cul of ~crvlc:.e Le· cai1sa rit iia bifaakrk:lwri ren,:;,ir-. !lP-fiiir.ir:g, ":o!=is" r;r {k:strYCl:iOO. BROAD FO~.M" NAMED INSURED SECTION IT. -'...IABILIT{ COVERAGE -A.1. \NHQ IS NI ·1f\Sl1P.E~l p:--cvisi::in ia am~·:-ided b•; tl'1e addit:o:-i· of the lollowlng: d. Ariy bi.JSJne'ss eritty. rrewly i::cquired or" ton1ed ::iy you during, ths policy pETiGd ~HNiclE:d yo:J CW') Slj~ or mC'lr·~ er t.,e· !:>1:;;;ine:'IS-· ·c:nt=,y and thn ~JsiMas ~nt,ty .. is oot a·eparately _,ri:!!Ul'Efd ~bi' 81Je:jr,gs;1:i A11to Cove,BgQ. COVflfQ~9 a£ G~t8.-tdGld l.ll'l to ~-tM.ll:irri11m _of 180 d~ys fi:llltiv~i:,-g ~C"!quisi- tic:m or '.cr'.nai::i:1 ct t:1!:fbus . .:1csg entit'/. Gov.era.go· 11mff!, °n'li~ r,rcN:~;ilil ~., ~r:rotrlc:,i only 11n11 :hr. ~nd onne policy i:;eriod. 9t.Af.lt,<;E:l AOPlllONAL INBlJREO Si::Cliu,.J JI -... J.A.31UrY COl!EH/1GE. -A.1. WHO fS AN. li.JSL.~E-0 prQ\.'i,:;jon ii:; R.m~dl'ld hy tl'i.e ;:idd.•tioil ot ttl~ tollO'IJing· E!. Arr/ p61'90tl or crga'lizat;o-, for w,c..., ~-ou sre ro- qu.rcd cy 6., "inal.rod contract'' to·.prnvida ,nsur- ?-r!Ci:J· •El :ll.fl ,,·n.:u,pd", P.Llbj~t 10: t'IP. io,lr.wirig oodi1ional pmvisions: (1) Thci ·~nR11roo r.o·mr:t'' m11Rt-r.n i1 tlft,1r.t dt',r'ng :he po·1c,; perloi:1 stinwii 11-the Der.la, ·rations. and must have oocn cxacu1c:i prior 10 the ''bodliy lt1ju-y"' or "property cittn-·,aQv''. {2} r:r.is person c-r orgBJ1izs.t,ot1 is an ·'insureo'' Qr ly to· t'lr-!lx\r.rrl yo1J ~ rn •-.;i -ol~ d11 r-iQ yoiff 01100;fl9 Op.Ar::;,fiori~ ftif tl-i;i,f in1,"~fed, Wi1e,fioar !he \r,·~rk I~· ;it:rfOrrt:£.d ~fycu or .:c-t yo~. ar1d or: l 1a· to 1 hP-· P.:lltP-flt you rll'P. ilP-1 n: :irl bl~ tor ::ira "acctdcnt" cccu.rrrng whl(t-a c_ovorcd ''ai.Jlo'' ·fl ~e-ing a·i\'m lly yc-u er 0·1t: of yc-l.Jr tim· ;:il·ovees. {3} Tror~ =s no ·co1,·era9r.. rro~'icied"to t,11 :pm'!'lon -or orgs.n;zatio, fc.r "bod'l:i,· injuiy" -to· its em- ol O'f.S8f; I rior for "pr009iiy <la rna9:9" to •Is oroosrt•1-. ~4) Cnver.;uyi tor ths pP.rs;on or org::ccnirdti<1n s1e. I ~e l°'Tlitr.d to t'lfl OlllCnl of yoJr ncgli· gcn!:o o,· fau t aocordl rig to tac MD!leab:~- l)r riG•'?•OS of corl'1p~rahvc·nc:g1l\)~rictn:-r 11:llllt. {5) rhe detense ot any claim m *suit'· '!lust be 1end11rr:d by th-s r-e~on, OT orsa 'li7atlr.n ~ ~eo-; as ~racticable· to· all Q!hcr irelJ:i',:ire 'l\':11 C !"l" ~Oto ntially r.-ro11 ifo · inaL,ra:nr.e· for SJch <:,.i.1m or "!>:U,t''. I rel Jd~ o::myri911t~d maw rt~ I af r nsu !~nCid ·sc~i~cs c-m_cc;,, 1-;c. , wit~ it~ pc rm ssion. Co::iyr.g.'rt., .lnsJrar.u;;e Services Uft.ce, Inc .. , 1997 c:.~. 7' ·~ )3 0' "';-ii:: ' u: 5: Er (~} 11:u::, c.:iycrn.~ prcvId"€lQ ·V1111 nc-1. ~ood thQ lesser of: (a) Tnc .covcrago c1ncVc.u littdts o1 tills pol Icy; OT (b) T._o covatago a--idloi-lim·ts mq:..iirad 'J'/ tre ins"1ire1-f i:on1rac'. ~. (7'} ,. . pal":lon-'e or OrJa 'li ze!ic ~a statue ~ ~"l ·1nsured'' under -th,s subparag.-sp,1 d erilis who1 yn1ir o-o~ro.tior,r,.tor iho.t ~rnsurod': nm OO'T'iptofcd. l..hdcr Pru-a9rap::i A. cl Sect.or: -JI -.JASIU :Y C'.l"J~ ERAGE itarn f. i~-;\ldctcd ::is 10,i0-1.'Vs: YoJr ·-e.:n;,IG1ce" w:11.e us:ng hi:, owned "uu:c"_, ur ~1- •·a..Ito" owricd tl'),. a rncn-,oo:n or n,s °' 11ur l",O.JSOt:olo, [ri yoJr husinl=!!'lS or \)01.H parsoruil ·;i.tti:llr.;, ~l'lJVitfFld yoCJ· Cl!l not uw.1,-:1Irri ct llGtrc-w ttiat, :,a1tc-'. l."1..S co\lerago !1-l·axr:m.;,:; tnm1y Olh,"?r-t:~lnt;m11n ;,1i;1.ir;Jf1,."'..i:1 i:n,uira[]n, FELLOW EMFLOYEE COVERAGE· Exclusion 5. -FELLOW ErilP~OYEE -Of SECTION II L ··ABn:.rrr oov1:R11C'-c .... e;, r:xcu::sroNS 1a a-rie~e:d ::l'lo'. llla ad~itc;1 ct" t:1U io:ll:-wing: 1-"c-1.ruaver, tt·i::· excl1Jsion·dc-ss -,u1 a:ipl~· if th~-"tOdil:,r i:1j:.11y• resuts 1rorn th.e ~o Q1 " ccverBod "a1..tic'' yql:r O"Nn or hira, and provided' toat any co\lerage unaer t--.is prc·,ision only app'ics h a~c·~ss·. o\,e1_ a1V ot'lcr c011Eict b'.e bsura~cc. ElLANKE:T WAIV[ROr SUOROGATI.Ofll Wo vul•,o tno rlghl of rcco\'ury we ma,-hHVC lor-pc.y .. morms made ~or "hcldrly inf!1rf'' nr ~ro::iorty d&'"·-.:,ge-~ t-1 blll-i!'.?lf N Pl~ ~c-rstlml -~r Or!JMi2aro~ ·aaclatl a~ ''insureds" undar Section II -un.aiu.r:..-CJ'/1::1:lAGE. -Ai1-0. ;nQ/\IJ 1-:oR\,' ~JA.~~1-)-l•\,SL)~.f-:'.) O'l~ A. 1,fl, BU\NK ET "DDffl Ot-1.f\ I. I NS U p[.=g. PHYSICAL DAMAGE -·. I\DDITlONAL TRANS· PORTATION EXPENSE COVERAG"E ,-.,~ fi,st 'il~rilen!".a c::.f pa~agraoh A.4. (lf :si:c., 1or,.,· 1+1 .... PHYSICAL-[)Al,,1/IGF GOVFFIAGF. i!a. amarirled as follows: WA will nay 1ip tc;i $50 rer d:;.y to i:;, -ne,:imu.rn of $1.SC:C tm t!:l:npt.rary : ra:1:!!.i?rnta.ti on OK;)Crl !le __ 't~ urre cl bit ym ,. hP-CA.JM ot t;'lP. to;:a. 1!'1(!~ of i:;_ c.o•1.FtrM ··s.:1m • of rha pr!~o p;,:i~scmgm tyr,n. !"f;RaONAL Efft;QT6 CO~RAOE A. !:it~-~IQ-:<J ill -Pl-¥SIC~,. l~~MN3E C:OV~~- AGE·, A.4. ·COVERAGE EXTEtJSl(:lNS, is amended by B.ddir.g the tollc>.'i'in_g: c. Personal .Etfeds coverage F.m ar-1y O•A''lr.d "E.Jto· :hat 's irvo:1md in a c:n'dmr,d "ln.<tR"', \\Ii! .,,.;,: pi:.11 , ir ti:-$.:100 fdt "~ersonc.l ':!ffects'' tnat are !ost or d~:naqsd as :;1 re,Mt ct tre r.ovnreil '1:Jftf.~, w·:h::ilJI 4~i:i1y;ng a tla{IU(:.:t t;Jo. P.ara-qrapn A. -CO\i'l::RAGE oi Si:CllON Ill PHY$':CA'.... 'JA.MAGE COVERAGE is amc1dcd to add: s_ lilc:. w .. 1 =i.i.y !or tou cl<pc,1sc 04 ccluml~ig a stolun r.ovP.rP.ct "a\Jto" to yoc L AIRBAG COVERAGE :;_Vit:lar ";)ttrcJgmpn B. -EXCLLSIC·KS :n 5ECTIC·N TH -PHYSlCA:.. DArv.AGE CJ'/ERJ\GE. the foJIOWlrl!J ::s adctod; -:-tie vx~lu s ori w l<1ti 1 y-ic mcctmri:cal tJroa -cx.lmn docs nut apµly to tho actldc1lai d~h1:1rgu of an airtJag, N·Ew VEHICLE REfiLAcEME-~T co:s1 :}id,n. Paragra:;:ih C -u·~rr Of. l~J$1.:P.!6,_\JCE of &ciion m -PHYSICAL ~,'INAG.E COVEC:-AGE s:ic• tloo 2-18 arncr1dcd iIB fo! I ows: 2. All ~djustment-fr-r c:lenrP-c!Rtion,r1.nd pt1ysir-..al ron- ditO.:l v.-11 i :le :nal14.: _n c€ :c rrnL'lI n g· :ietJc.11 c asll \/Fi;t m ;n 1 he owrnt nf ;.1 i(i: ;1 10.-.~ Ho111if:·.im, in ttlP. P.Vent oi a total 1oss to your "new vehicle" 10- whlr.1 ttfs C::J\'(.lrr;,ge flpp .. es, ~ sho·c1;1 11 the ~(; :o:11 q1in1s; v~e WI:: pa \I ai your op.tic-rt . -a. Tt:~ 1.·criliab.:e "llCw ·,cti c e" p.urci1oSe ::,,ice you paid tor your damaged veh cle. 10t in-a· .JCir·g a:ny 1115.Jr,nc:ei (H' warra·nr C5 ;;ur- ,:/ie.sod; b_ Tt-:c purcha~a ;::ficc, 12 ·-1e,;::iotiatcd· l::y :.is, of a ,ow \l'ct1 c:lc of etc sarno mairo, rnodo iind ·':lcuipment. nc-t, im:'Lrding a'l"/ f:Jn·shings, j:)~lts or ~t]lli prre'lt noT insta11eci ~iy the ma11ufsctu,-er or ms"1JlactJrer's aealereo,p_ tf hn ~flrne: mo~:· i~ n~t &1,ltil~b~ pey the "p(l ri; ~~r.-~fir,e· of tf-'icl r'ricist" s 1'Tlil ;ir rnotfc1 a\la h1b,c; c! 11w rn~rke1 .val~ Of yqor t1i,.:-:--.a~a YQhic o! nol i1cl1Jdir.-.;i anv turnisninqs, pc.as OI' equ1pc m°f'.i;nt f'.li:>t i'j!lfa '~f!tl I::'{ tt"\li -nan"iifr.ct1.ror cir rranJfacturer's ac~ereihip. T'ii~ ·:::;meTegn-·apr,lins· mily fo a C::)V<?fC:d 1;1!'.rtD~ of" l"lc--~)(l\lalo ~M::sc1gcrf light-trl1ek or rr.odl"um trJr:k ~-pa {?.0.00.5 lbA or nsl'\ gfc:(:l;'j vehir.1c 'fl'Cigt,t}. rind 00<10 not :-i.pply fo lr,[lir1t1on or r.ot 'JP CUG,& uissoc.atod wlt,1, loons ot ,cases. TWO. OR MORE DEDUCTIBLES l,f)!JP-r SFCTIQ,\J II• -p·.,r,•SIC.A,. Dl\~.{~Gf COV- ER :.i.G E, i1 two. <X 'l"IQYP '\::drr,pa".ly". pol c OS ot eovo.r• a_g{l" forms ai.;p.)' to t:Te sarna acdct.11. the 10 .• ow.:"Lg· ~Jp:l,e!l lo par~graoh a. [)Qdt;ciidl~: 3. 111tlu appllcab,e l:l.Uslr.1ots .:lll!o ~odUCI• !blF-is the !lrm1IJ1H (.or s11ai1P.St) denm.1- 11.ll~ 1r w . .1 .:iu. wal'/cCI; or b; If 1h<1 applir..ab·e Busi1eils Auto jecluct-· llllu i.~ ~I h1 ~m.11;,~.r (r,, A:n'.l;il;l'lr..1} ii,;• cmct101c .t WI II po re. duccd bi; tt.10 ~rnount 01' lh";l r.rnk'lllfH (r.-, ~rna'tl(lit) der.uci ~ o: oi' ~-If l~ILl 108:j ifL\tlllVt.:::! [·1\'.U Ji ~HUit. Ewtl· ncl:fs Alk· covoragc fc;:rrns: or ~011c10$· tt-£ ::::rne'lor (or smallest) craduGt b1c vi'.I b~ ·1,·afvcid.. F'm tlie ,p·Jrpc,se of th:s er:dotse:ncnt ''oomi,any'' meais: a. Sa~bco 1i-.surc1n(';(J Ct:rnµe.11•;-o1 .A,ir.,h;a- b. A,-na1ican $ls.tes lr1Surance Compa.t1y e. Getleral lnsu1ance Company oJ Arnsrica d. Arne,ica.n· Ecor.orriy lnsL;rant.e Com~arw· e. F,r!:lt ~fot,0;1a.· l;1surartL"C Corn;;a1y of /1."t)-:)f[CS. t: Alfl,Qrj('.an Stli&'il [ric!J~'l~ C'.on•JRtll;' of Taias g, Arn51,i(".a1J Sfiitai:;. Plm°'lfled lrn;.ii.r;:i,ri:;;!il CJ.:n_:,any h. Sa.tecc-l."l!Sur.mcu· Cc-1n~e.n1 o1 l . .lnci~ l OAr'-,m E<ASI: GAP COVERAGE ~i-ldc.:r 1,.1ar_i:..gti:.pti c -1,.1r..i11 • Ot-1_r1,su1-t.:i.Nb1::: o1 $EC flON Ill -1-'HYSIC,!l,I_ 1 l,11:fy!AGE CQ\il-FJ/IG!-'., Fm fallo'tl'ing ·s s.ddnd: 4.. r ne most we w,11 pay 1or a tot;., ·fos9,'' ill any one '':\~iQ!'int" i~ ~~ g•l'lCiO, nt Mo to11~~"n1, r.i,.'rijnr.t lo.a !LS.01:l ~ximum in,1it: (A :r: :~ 1~ u.,. ~-AGtJal. :.as1:1 v.;.:~o or Cle damag.eci tir stc{cn p1opert·1 as ol tile tirne d tile "oss", 1ess an 4r.j11s~rtmnr for dop(r:c'a~ir:-n anrt ·i::hvti~a· ·ccn ::e'. io ~ or b. ~:k1.lfmca ifail u;dei tl'tn 1er-m~ ot the· •oari' m .oa:so t1at the c:la:m,gcd· co\lCro::I ··mm,"· .,s ·s:1b_cct to ::it fl1n: timn ot thr. ·1o::i~"., nr:il'\ nrr orr, flf ull m the follcr~·ing ~i1j!'uimm:rtr.:. (1) 0,1ordoo paymcn~. and 'firianaiai :,onsltias associ&led w,t.n those ::11 ~·m9')\e (:(Et or 4 Ile dr::dµ . ()i ihc ·'!Qf:.s". {2} firui.rcial pe-n:;,lties imposP-d 1.fldf!r a ~~c due to tilgh rn . .ea1;t, si~s- swc: use°' aonormal wc:anrrn:l to-::.r. (3) c~1s. 1or ll:ictuoocd w~rrant1M, (;ru- dit Ua In~ ur~ocP.; Health. Ar:cide nt ·or· m.a'hility l'i°surenr.e ;,urc.ha1md ""'fft; !~ 1n11n m lm1~!. {4) Transfer er ro::ovcr ba:anceis f-mm ::ircvlou$ leans or lo~cs. (~) Final M1tme-:1t dl,IE;i uaaer a ·1:5all~on _uan~. {8} fl11i d'1Jllt:.r tlf.111..JJJII 1\l i1r·y J:-i."rei:airei::I c!ia:nas:ic that occuricd :iria-to tns ·'tma~ loss"· of a. cmie r.ed "autr.". ~7) Secutitf dapc-s~s nc-l tefu"'ldcd by a fl51'.or. {II} A.11 rcfum:ts pa~'l'e er :,aki t<Y you as a res..ilt ol 1-,e ear,y termina1ion ;)i 11 !e~gc a~M~rn~nr o-r ~y wt:u·- ranty or c,itol'ldod 1:10,-,,ice· a9.roo- •nam. o'I a cm.-~rtld ·•a:uto'". (B} .t\:i-y ur110 .. m1 toµr{JMating :wws. (1 O) _oun ot-le&& tt1tir.ina101 foes t)'1de,. oar;:igr;:iph ()_ -DE-D~n!'\t E ol 8!-Crloa,.J +II -PHVSIC.M. DAIJ!AGF roVF.RAGE. the foll911,ring·is added: Nn rje.<;tJr.ti:ile aon!ieF. 10 ~ass d:;:m~e. if tha f]li:iss. .is 1e pc:i.red 1art1e r· hari · rtlj)I aced. At.llENDED DUTIE~ IN TH~ EVENT OF AGCI- Ocf'fT, CLAlW, 5UIT OR LOSS The rcciuarcmcnt. In LOSS -CONDITIOtJ 2.a. - '.)"JTIF:S IN Tr: :Vf.-r,:T OF i\CClflFNT, Cl Al~/. Sl!IT-Ofl _"QSS -cf SECTIO~ IV -BlJSl~ESS AUTO' COMDITIOtJS· !ha:1. yoLl !'llU.Sl not1iy· us o1 an ~c-:<l!;mr a~p:lC'S 011Y w1ori t:lo "ar;Gk:lcnr is-.lmc-,'i.:'I to: (1 J \f()lj, f you ar'c ari incfividuaf;. (2) A. parfrie•, if ~;CY.i'.iue Ei ¢arfriers,ip: cir (3) An elCe.:ur;v~ O:tir.er or insurs,Y..P.· rrianager-. if you: are a: COTpora:t!rn. UNINTENTIONAL tiAZA.FU)S. . . FAJW,RE TO Dl8CL05E SECTIO~i [V -BL:iSIN.ESS. Al,.1l) CCN1:rr.·o~s B.2; Is ~rm::nducl bV tho ac:ldl~un ot lhc runowlng It vo;j u:1::itent'.6nall~f: fliil fo diilc cm:: any !ic.z:a.rd::; me· ishn~ .at hm inception m.te Di •1c-ur poliCV; we v.fa not d:ny r.0•1r:r.\ne-u1dr.r th,c. Gnvr,.ra~'1 form ;ior;1:11Jc.e of ~uch f!!tlu~c. 1-!ov,over, this ~ro'!isic-n. de-es r1ct a:lfoct OJf ,ghl to-C.01loc1 addlllunai ?f'tilTllum or o;,cctci:m u:.1r ri3ht ci c~ncd•at:cn :::ir. non-rr.newl\'. HIRED AUTO -LIMITl::D WORLD WIDE to'VF.:R~ AGE l.,ndcr ScctiO.'l JV -BJsiMi:;$ CO'ld,nuM, Pai't.i.9l"<i:;,il B.7.b'.0(1) i9 rop~ood:by t'lo 1ai,o,1,1!ng: {1) The ·';.C(;i<leri!" or ""oi:;s~ re'l'\11lt1, fro'l'l fhq; ,.11-R of a....-·':<!,11to" ht~ t0t ·3C dilys or less: RESULTANT PJ!l:NTAL AIIIGUJSH COVE~AGE ~CrlON V -CJE-.=!,\,IJION.S -C. is:r~ol-'lr.eft try ihPc fnl low.i IJ~: "b:!cdll~ ltll!J'Y" tn8M~ ·odi.iy ,l"hl.11)1 ~1eknoi,;s. c.:-r ~ i.l- M:R:Cl ~1.1Stmnnt1 ny .R r,orMn 1nr..11K1ina. mf:rli:1I 1rno111~h or dneth reP.11lt"1g 1mm a1y-of the~fl .. lil~EO ·AUTO l?'HYS:ICAL DAMAGE CO'I/F-RAGIE If !11 ren M;i111n.,;;~ ,irn r:m,~rM ·at,TM~ rm I lnh::Iry r.r.,"'·· er¥ and if Cc-m~ehensive, Specifrea' Causes of L•;)sS ot Cc1rs1on cc,'\'araya; ur.o ;iro'/ldc~ unelur m:s Covur;ig3 fur;n for any ''a.Jlo" ·;iou ovm. then tho Phy~ltal DHrri1:1gc C0v·arl:l~ prOVldcd l:ll"C extended to ·•ulJ'.c-s• you h:m or corrov,. 1 :;s most. we wi~ pay tor 1o.ss to anv .hired "auto" is $$c,::::C() tir Ac;lirfil Ca.."ih '°(r.l11n· or Co~;t o( fi¢:iaf r; ¥ihic~over :s s~lost! mir.us a ctcd:icti~ll~. Tlie cc- d.:.lt.1.::i.o \\lnl· I.Jo cqua1 to tho largosi doructiolc a::ip-11~ cahlfl \o ~ny O'fl'1Jt1d "a·.rto" ot t'ln ;irivate rais.fl;enr,(?r c°r'iighl. ~i"JC'k typa fcrlra~:ccva.ra9c, U;rc:d Aul.c· Pi")'-· ~,cal i;:;amagc ~ovctayc ls,c>:.ecl:i'S own e;ny.ot,-wr co.- lf1l:titln in.fl\1-nnr.fl. SHnjr:ct to 1nc .:l~P'm I rnlt, c,lCdJQ!i)IG Ult~ GX~C6S prnv:s:c-:-..s, we· ·11'.~I: provtcle cover.aqr:!! equa, to tfle l:road.est cove•a.ge ·app:icab1e to ci'~·1 ·[;o.,,nrerl· ''flufo .. y~1:r r,v•,r rt.RED AUTO PHYSICAL DAMAGE COVf:RAGE - LOS5 or USE SECTION IU -PnYSICAL DAJ,/i-,\GE A.4·.b. form dnes 1ot c1prly, SLb;ecl to.& maximJm of~1.0).'.) per ar:cidenf we wil, r.O'vr.r ;Q:.:;, of U$11 f.\t il hirqd "llll!o!' it. ~-fO'>!Ll~:O fr~'Tl an acoidont. YQU aro 1asaIIi I f:!::l1o a1d the: lc:.eoor in- curs· an uctua.1 f .. lanc,a. ,o8S. RENT.AL REIMUURSEl\fENT COVERAGE A. W c \'11II pii.:~· for ro rifo.l ·re i m~ursi: in :::-.t exp cnsooli ln~rrvd P'J vuu 1or-the wnla of c.r1 "a.Jlo'' i:Xl· ca':.lse of a c:ri:cr-cd •1ce;s• t:i a cc·,crot1. ~mnc-". rc1,.mont arrlim~ :, adciifu, to.t'ln.ot1nr11•isn ap· plicEibie o.rr,OJnt ot e&eh (:ovarage ;·ru ha\ie 0,1 s. r.owirr.d •i=.~1,0".'. \IQ r1e:d11r.tih.lo:1 arrly 1c th·~ OQ11J'1'lr-lfl0. a. We w 11 bay col,' fer these a:lep.an·ses, :IncjJ~0d during tne policy o·eriod [)eg11ning 24 nours after 11ic ·101:,s~ ·a:ld cnd·rig. rugaid'e:s~ of t•it: ~c-1i(-)1's cx;:,:iatiori,. ;,vith t~ :essar of 11'ia fdlo1:ri11g·:1uiti~or of days: 1. rhe number of days reasonably required· io moa'r or rnr,lace t·1~· c:ovnrnc1 ~;wtc-:". It ~I0:ss'' t~ ce.us.od ~-. the1, ih1s ::1u11t;~r ol da)'-~ I~ added to ttie: nt.1mbcr DI da1s ,1 taltcs 19 lr):-:~e t1r. cov~r~cft "r-i.ut.n" anri Tetirrn it t9 yeu. 1. ~o d,-i~. c. OiJr pavmc11 :!3 1:,T1 mct to t~c· lesre't or 11~· fol- lowing a·moJnts: 1. Ncrossafy ttnd adw:11 c;i;ponscs 1nc1:1rrco, 2. ·$~ PC r d~y. D. Thi,g co'o/c:ragc docs not: ·ap:p y w.hifc tl'1crc arc £µare :Jr r:isor.1e ''a.Jto·s."' s.va'La:JICl to -y-ou tor yeur opor !'It ion~. r::. If -~1cs5m resL.:lt5 from 1 "le tota~ t!'lcft of !I -covered "e~to" of t~e pri'lato j'.lri83cn·gor type, wc:\\iiH ,j)ay' urider tnis W\ie,·59.e 0,1,y tnat smou'1t of you·r re'."ltlll raimtll!r.ic-ne-1t cx~~n9oa w,Jch ·s not €11- ros.d'f pmv!c:lod 1cr U'!'ldc (. tho PHYSIC/\!.. Di\M- AGE COV~AAGI:. Coverage bttem;ion. F. The Rcnta, Fo1h1burscrncnt Co,.•ur!:lgc dt;1:1crluoo 1-.. \i(Jv~ it(N~i ·i~il ;1:i1: y lu ~ \;d~·:;:rt:iJ "i1,uli:;· L11i;l '1:, de:iicribod c,r desir:1na.ted F.IS· a co1.,·~red ·'ai.:tD~ on Pa_.:. ..-. ::t· J R11 :itc:I .Rij: m~u l'SCIT.'f: :1.t CA 99 .23. AUDI01 VISUAL AND DATA ELECTRONIC EQUIP-M t:N-T COVERAGl:i A. Covp.r.1ge 1. Wr. will ·'.'l2y with msr,oci ro a r.(}Vflrorl "mrrn• for ''lc.;SS" ro an~ c·e~tron·c cqutpno·it t'1ut mu; \JP.,._ r,r imn..".i,-nfr:, ~L,.tlln; y;~.ml ·'!' fl,:1;!' s1 onal s ,;lfld that if;l not msig n.od sQlc l'li for thQ 1e;iroc1ut!'ci1· Of i:;cu~d. P11n-:0·1or;ige-flpp·1es ur.1:Y il'U.iu uQ.u:;.,~riui1l i$ ~t:1r.r~nvt~r, ::1:ilall~~ in foe cove1ed "auto" at ihe time ot the io~s· ct· t'l~ tqt.f?rnont is rqmcva.tlc.'fi·crr.a 00;,iBir:9· ;,init li'lhic~ i:i· ·;::icr.ria.nc:mtl,· :isfa.11:d in: tne covered ·'a..rto" at lhe time ot the "'lo~s·, anc:such eq:.Jipnicnt is ctes·grt-:d to be solely' opcr.o.tad by L1aa at tho ?O\\IC" from the' "aJto's =· electiical sy.ste·m, in m· up,m the ccvcrad "e~t~''. ;!; Wr. w·II :my vYitll rnnp-cc:t ~n ~ r:o'olnmn ".i·.rt~~- fo.r '"ioe:t$" f.:i any, acroseorioo ~d with' too· 1.Juc1ru11ic cqJiirno;lt doscrf;;crl In jl'.:i(il~m~h A;·1: cl~<}'JEI. Hw.1!il\l'(!)r. trui:: f!OOl'l t10\: inr.hio~ taoai::, rer.ords or Qi!',(S. 3. If Audio, Visus,.J and Jata. El o'.lctr.cnic Equip- mc nt-Cove1aga 'lt>tm :;A 99 s~ or C/,: 99' g.; Is at,acticrl to l1'11s po,lc'( then the Ai..Olo, \J,. su:1.1 ~11d Data i,;rP.Ctrcmic £11.uipment' Co-Ja:n- r.ge cfr..sr::ri:-::ert allr,ve dons nor r.i::,:,Iy. 8. Exdt1 slons r: •. ,~ O>:_c,u~;9n~ iilat uppiy tu j;i,._;y~I.CA.L [),i\l•/;- NlE COVEP,\G~,. ClCCCO! for U;o ~C-\.J!:!IOri: ro"3.!-+ i11g ~o. Audio. \lis1J~I a'lfl [)~,;:;,: Jd~rorii~ -Ectuil,llii01t, alM !plJIY VJ t;1ls ~eragG. Ji' .;dj,. tinr,, Hioe follow.i'lfl AXclu'Ffo!"ls .iooly. Wb wl,, 'lut pay tor o,thor a~:y <J!uct'ronlc. cu,u,p- mcrit or at.<cossorios · used wilt) s.1eh ·-0!-0ctrori·ie .eq Lil r.,il'?:it ,"ll the,. t Is. 1, l\t'Cm,S<1ty fot i.10 nor."'rl?.I .o~erutlon of tho r:ovl'-lrf-!('I NHU!fl'' 10< the rr,,;ir~10<!hJ n1 1~oF! my()mri: •;:mrn•s" oriC'.rafifl!J ~Y*tnm; r.-r. 2. l::loti1: a an intogra1 part of the samo urn! OO:JS1ng e·1y sot.:hd ror,:~cl'udng r.tjulprne'lt r.c- 5ignoci sololy fer t:lU mµrc-clJGti.Jn ot soutf:l lj tho soutt:I roproduc1rig !;)q,li:-1r111ir1l i~;: ,;,r11 ·1i;11 icm!i)' in~!,;1,"taJ ir1· tt:e r:;ovcrnd ~:aut:i-; am! b. per'ne.:icntlv. irista~~rl in ·Die aprnin~ of tt.io dash or co11sol<.r norrna1ly u~d ~V 0. '!: :~ )w u.,. t10 :nan utaciurcr xr·tt1t1 i os:la..11 at:.O:-i Of a radio. c. UmH of Insurance! ll'li1h rcs~c:t to this covoragc, tho: LIMIT OF IN- SL~A.'JCt:. pr6Vlsluf'l al .~HYSICiAL IJT\W.AGt· COVERAGf -is renl;i,r~d-iJV t:1e fO:lnwin·g- 1_ Tt;n rr'\Oh1 ·A·A w11: pl'!y rn: "IOl'lF:" tn·.1w1:n, vi~ sua or <lat.;. etet::troriic eql.Jiprnerri and ·s.ny- ar.c:eF;f.Or1ns 11ser. w't'l 1h f. nqJ'o·ncrt as a msuit c.1 arry on~ "'aoe;;;r,t~r;t~ ;s t::ie I_Ut.sonl: a. Tli!;l aWu~ ~!:1 :vtuuti ul· 1!:11:; U!i·1i~·yl;d or stolen property c:s of the time of. the ·,t~5n; :ll b, fhe r.olt ot rep.fliririg or n,p'ac'7!l: the duma:~od or stolen i;:rope'rti W:t~ ot'.'ler µro1.io11y ol like klnti rsil'ld QUoilily. c. $.-,.,coc: 2. An· adjJstment lor depreciiition and physica. ccnjn:Jon will :lO, made in ~etertnl 'ling aiqt!Jal cash va.lcw,at t~ timo o1 tl"ta· ·'!Qse". -a. If a mpaii' or roplac-:ii'TtQrt ra.iutte if} t::c~to'i'· lhM ,II\€. i<.f nd or quuliJ.y, we :1,•,I. t\:).t' pay 1or I~ 3-TIOLli1t of H1i:i OAtlQ rmt'lt. C. Deductible 1. If "'cs~" t•:l t•1c· a:.idc-, ·o1.i:.ual :ir dc:iia a'sc· 1ron.ic equ r--ne:it or .acccsst:ri:is used ·,.iy'th 4his P.Quiprnent is tne result-of a, ·'loss" to the ccvaretl. "a~to" under t'"lc 3:.Jsines~ A..Jtc- 'coveraga Forrr•s ·compratlcn3i\'C. er Co1li- s,on Cmierage, then for eac-, oove,ed "al.Ito'' Ol:!r obiig;tlc"J to: po.yfor, rep!ll'r, tetu•n or ro- placo M'Tl~gcd er st-:irori._pmpcrtf w II bo-ro·- di.csd m; the s.ppl.cab.e ~dutJi ola £howi1 in lh-a tl&e.•a<.ll1io~. Any Co11p,s".!Af"J6hffl CO\'" or;1gg di,i<.tur.tlo'~ shnwn i'l tl-ie Di:,c•.i•atinris docs not a~ply to-••:13ss •. to a·Jd c. v.sJa.l or data c,Qchoo,c o,qµli,:rr,c"lt.i!aJsOO by 1ire m lightning. 2. If ~. oss '' to the· aud o.. \lis:ua! · Ot dS.ta ,;:i1cc- 1 runlr.; e~u.p:li.e_iit c-t ucccssor,o:)~_ Jscd w.th 1111s HQiJlorn~tit 1s tne re.st~~ 01 ;i ·'In$.~" 1(! ttie ·r.ovnrrx:i ~mn" 11o<inr ~tin Rusin~ A..lfo Cove-ra:ga l-cwri"8 5pMffc!:l CWJscs· er I.loss Cmteragc, thcri for each co·.rerea "E.'ulo'-·· bur ot:iigat1on 10 pay 1or, repair, return-or roPlaco dami'i!'.;feo or fotoion r,rope'rti ,,,,111] be. 'rorlucr,d !J•;• ii s~c;:i tlr:a.lucl t.;'u. ·a. ·If ~:c-ss·· occu~s sc-l€1y to 1he a:u2ic-, ·l.s~a or data e;ectron:c-equ p1l9m or accesoories :is~::I v,it'l th's cq;.ii::imoi1t, t"lt:1· fc.r e'~ch r;.':f't· er':ld ''a.utc" our obliijat'or: tc:i r:ay for, rope..:r, TRAN1181 AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR CITYWIDE LITTER REMOVAL & STORM DRAIN INSPECTION & CLEANING SERVICES URBAN CORPS OF SAN DIEGO This Amendment No. 3 Is entered into and effective as of the J 1 1-t1 day of .....-...:-J-.J<~-F-........ -1.oL~~:-----' 2017, extending and amending the agreeme~February nt") by and between the City of Carlsbad, a municipal corporation, ("City"), and Urban Corps o San Diego, a not for profit corporation ("Contractor") (collectively, the "Parties") for citywide litter removal and storm drain inspection and cleaning services.). RECITALS A On December 24, 2015, the Parties executed Amendment No.1 to the Agreement to increase the amount of cost of services for citywide litter removal and storm drain inspection and cleaning services in the amount of forty five thousand dollars ($45,000); and B. On February 1, 2016, the Parties executed Amendment No. 2 to the Agreement to extend and fund the Agreement for a period of one (1) year; C. The Parties desire to alter the Agreement's scope of work to extend and fund the agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ( 1) ending on February 23, 2018 on a time and materials basis not-to-exceed two hundred thousand twenty five dollars ($225,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill City Attorney Approved Version 1/30/13 TRAN1181 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR URBAN CORPS OF SAN DIEGO, a not-for-profit tion By: ( (sign here) ~ PH 'lJ·I' Jl·U .w, ~ ~··cbrtl-- (print nameltitle) z. (sign here) DeJJL~. &re-o ku.-.-...,.\ (print rrame/title) _) CITY OF CARLSBAD, a municipal corporation of the State of California By: K~ rawtord I &ity M~ager ATTEST: 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:~ --~~~~----------------Deputy City Attorney City Attorney Approved Version 1/30/13 2 TRAN1181 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR CITYWIDE LITTER REMOVAL AND STORM DRAIN INSPECTION AND CLEANING SERVICES URBAN CORPS OF SAN DIEGO ~ This Amendment No. 2 is entered into and effective as of the /r§) day of ~r~ , 2016, extending and amending the agreement dated February 24, 2015 (the "Agree nt") by and between the C1ty of Carlsbad, a mun1c1pal corporat1on, ("C1ty"), and Urban Corps of San Diego, a not for profit corporation ("Contractor") (collectively, the "Parties") for citywide litter removal and storm drain inspection and cleaning services. RECITALS A. On December 24, 2015 the Parties executed Amendment No.1 to the Agreement to increase the amount of the cost of services for citywide litter removal and storm drain inspection and cleaning services in the amount of forty five thousand dollars ($45,000); and B. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on February 23, 2017, on a time and materials basis not to exceed two hundred twenty five thousand dollars ($225,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 TRAN1181 AMENDMENT N0.1 TO AGREEMENT FOR CITYWIDE LITTER REMOVAL AND STORM DRAIN INSPECTION AND CLEANING SERVICES URBAN CORP OF SAN DIEGO This Amendment No.1 is entered into and effective as of the Ol..c.Ph day of DeCe:;w\..bev-' , 20_!__2_, amending the agreement dated February 24, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Urban Corps of San Diego, a not-for-profit corporation, ("Contractor"). RECITALS A The Parties desire to alter the Agreement to increase the amount of the cost of services in the amount of forty five thousand dollars ($45,000) due to the increase in workload associated with cleaning inlets in anticipation of the 2015116 El Nino storms. B. The scope of work and fee schedule remains the same as approved in the original Agreement dated February 24, 2015. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. City will pay Contractor for all work associated with those services described in the original Agreement on a time and materials basis not-to-exceed two hundred seventy thousand dollars ($270,000), which reflects the increase of forty five thousand dollars ($45,000) for the term ending February 24, 2016. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. Contractor will complete all work by February 24, 2016. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 TRAN1181 AGREEMENT FOR CITYWIDE LITTER REMOVAL AND STORM DRAIN INSPECTION AND CLEANING SERVICES URBAN CORPS OF SAN DIEGO THIS AGREEMENT is made and entered into as of the o?^"^ day of fhhirO<kjr<^ , 2015, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"!; and URBAN CORPS OF SAN DIEGO, a not for profit corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor/non-profit that is experienced in citywide litter removal and storm drain inspections and cleaning. B. Contractor has the necessary experience in providing professional services and advice related to citywide litter removal and storm drain outfall inspections and cleaning. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work, see Exhibit "B". NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed two hundred twenty five thousand dollars ($225,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall be on a time and material basis not to exceed two hundred twenty five thousand dollars ($225,000). 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". City Attorney Approved Version 1/30/13 TRAN1181 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any ofthe 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-:VH". OR with a surplus City Attorney Approved Version 1/30/13 TRAN1181 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". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 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 Liabilitv. (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 Emplover's Liabilitv. 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 Liabilitv. 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. Xj If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 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 pnmary 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 Providinq 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 Coveraqe. 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 City Attorney Approved Version 1/30/13 TRAN 1181 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 anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv Name Clayton Dobbs Title Supervisor For Contractor Name Title Robert Chavez Chief Executive Officer Department Public Works Address 3127 Jefferson St San Diego CA 92110 Address 405 Oak Ave. Carlsbad, Ca 92008 Phone No. Email 619-954-4705 rchavez@urbancorps.org Phone No. 760-434-2980 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 City Attorney Approved Version 1/30/13 TRAN1181 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. 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 fonwarded 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 fonwarded 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 ofthe 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 ofthe 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 City Attorney Approved Version 1/30/13 TRAN1181 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 othenwise 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 ofthe 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. JURISDICTIONS 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 or 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. /// /// /// /// City Attorney Approved Version 1/30/13 TRAN1181 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 URBA-ftCO OF SAN DIEGO, a not 'for profit corpetration (sign here) Ralph "Wil" Williams / Board President (print name/title) By: ///^ (sign here) Daniel Morales / Board Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor Matt Hall ATTEST: BARB, 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 Attomey BY: Assistant City Attorne City Attorney Approved Version 1/30/13 TRAN1181 EXHIBIT "A" SCOPE OF SERVICES STORM DRAIN INSPECTIONS AND CLEANING: 1. Inspect approximately 600 storm drain outfalls, maps will be provided by city. 2. All anthropogenic trash, debris and sediment removed. 3. Complete inspection form provided by city. 4. Dump all materials removed at city site. 5. Keep accurate accounting of all debris removed. 6. Report daily until contract completion. CREW: 1. Inspection crew must consist of a minimum of two crew members who have the ability to read a map, safely lift up to 50 pounds unassisted, read, write and speak English. 2. Contractor will provide a mobile phone for inspection crew. 3. Contractor will provide all personal protective equipment, vehicles, traffic control devices, hand tools, 55 gallon heavy-duty trash bags and uniforms necessary to complete assigned task. CITYWIDE LITTER REMOVAL: Citywide litter removal will include bus stops and bulky items. General labor services will be provided as needed and as determined by the Contract Manager. FEE: ITEM NO. DESCRIPTION PRICE 1 Liter Removal $128,800 2 Storm Drain Inspection & Cleaning $94,500 3 Contingency $1,700 Total not to exceed amount per Agreement year* $225,000 *includes all taxes and City Attorney Approved Version 1/30/13