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Home My WebLink AboutUrban Corps of San Diego; 2016-07-06; GS1442GS1442 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 3 TO EXTEND AGREEMENT FOR CITYWIDE GRAFFITI REMOVAL AND MISCELLANEOUS MAINTENANCE SERVICES URBAN CORPS OF SAN DIEGO This Amendment No. 3 is entered into and effective as of the _______ day of ___________________________, 2019, extending the agreement dated July 6, 2016, (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 graffiti removal and miscellaneous maintenance services. RECITALS A. On June 21, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a period of one (1) year, and B. On June 21, 2018, the Parties executed Amendment No. 2 to extend and fund the Agreement for a period of one (1) year, and C. The Parties desire 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 July 6, 2020, on a time and materials basis not- to-exceed ninety-six thousand eight hundred twenty-four dollars ($96,824). 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: 61FBC1D5-1038-4C17-A524-C3D1E25143B2 21st June GS1442 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 Kyle Kennedy, CEO (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, 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: 61FBC1D5-1038-4C17-A524-C3D1E25143B2 Certified Local Conservation Corps & Charter School “Learning, Earning, & Conserving” 3127 Jefferson Street, San Diego, CA 92110: Mailing Address: P.O. Box 80156, San Diego, CA 92138-0156 Telephone (619) 235-6884: Fax (619) 235-5425: Toll Free (855) SD-CORPS: www.urbancorpssd.org BOARD OF DIRECTORS TRACEY WILLIAMS, 1st Vice President Principal Tax Analyst Sempra Energy BOB BENSON, 2nd Vice President President National University International LEON BROOKS, Treasurer Principal, Leon Brooks and Associates INGRID NIELSEN, Secretary Retired, Commercial Property Manager Nielsen Properties RICHARD BARRERA Board Member Ex-officio Secretary-Treasurer and CEO San Diego-Imperial Counties Labor Council RICHARD J. FREEMAN Board Member Ex-Officio Past President & COO San Diego Padres CAMILLE GUSTAFSON Associate Paul, Plevin, Sullivan, & Connaughton LLP Attorneys At Law JAMES (JIM) MADSEN Executive Vice President Loan Administration Guild Mortgage Company MATT MANNING Finance Automation Controller Intel Corporation GINO V. MAZZANTI Board Member Ex-Officio Attorney-At-Law DANIEL PARAMO Warden, Retired Richard J. Donovan Correctional Facility KEVIN A. SCHLEGEL Program Manager Viasat, INC Kyle Kennedy Chief Executive Officer Urban Corps of San Diego County Resolution Number 02-19 Resolution 02-19 of the BOARD OF DIRECTORS of the Urban Corps of San Diego County confirming: Chief Executive Officer (CEO) Kyle Kennedy, has authority to negotiate, sign, request payments for all contracts and grant agreements, and approve all reports on behalf of the Urban Corps of San Diego County. NOW, THEREFORE, BE IT RESOLVED that the BOARD OF DIRECTORS hereby: PASSED AND ADOPTED Resolution 02-19 authorizing Kyle Kennedy to negotiate, sign, request payment for all contracts and grant agreements, and approve all reports on behalf of the Urban Corps of San Diego County. Ayes: 8 Nays: 0 Absent 1 I, the undersigned, hereby certify that the Board of Directors duly adopted the foregoing Resolution Number 02-19 on this day January 24, 2019 Signature: Print Name: Tracey Williams Position: Vice President, Urban Corps Board of Directors DocuSign Envelope ID: 61FBC1D5-1038-4C17-A524-C3D1E25143B2 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 GS1442 AMENDMENT NO. 2 TO EXTEND AGREEMENT FOR CITYWIDE GRAFFITI REMOVAL AND MISCELLANEOUS MAINTENANCE SERVICES URBAN CORPS OF SAN DIEGO This Amendment No. 2 is entered into and effective as of the 2 \ Sf day of <J' A V\..Q.., , 2018, extending the agreement dated July 6, 2016, (the "Agreerrient")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 graffiti removal and miscellaneous maintenance services. RECITALS A. On June 21, 2017, the Parties executed Amendment No. 1 to extend and fund the Agreement for a period of one (1) year, and B. The Parties desire 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 July 6, 2019, on a time and materials basis not- to-exceed ninety-six thousand eight hundred twenty-four dollars ($96,824). 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 /II /II /II /II /II /II Ill /II City Attorney Approved Version 1 /30/13 GS1442 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 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 .• UKt:jAN-7 UI-' 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 ~~:?cT Keri Vogt Faith Insurance Services rirN:o Extl: 949-365-5144 I FAX 4241 Jutland Drive, Suite 110 (A/C No): 949-313-3288 San Diego, CA 92117 !oMD~~SS: keri.voat®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 INSURER C: PO Box 80156 San Diego, CA 92138 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB~ POLICY EFF POLICY EXP LIMITS LTR ,.,.,n un,n POLICY NUMBER IMM/DD/YYYY) (MM/DD/YYYYl B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED 200,000 X X 24CC287662-8 10/25/2017 10/25/2018 PREMISES (Ea occurrence) $ 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 ~ DPRO-0Loc PRODUCTS -COMP/OP AGG $ 3,000,00C POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accidentl -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 to~mroo (Per accident) x Comp 1,000 x $ X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 6,000,000 - A EXCESS LIAB CLAIMS-MADE 01SU43636610 10/25/2017 10/25/2018 AGGREGATE $ 6,000,000 ,/ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS" LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ B Professional Liab LP77450201 10/25/2017 10/25/2018 Per lncid 1,000,000 ,I 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 fyhv< 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 THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" ~Libe~ Mutual. ~ INSURANCE 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 INSURED BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE 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 insurance 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 leased to you by such person or organization, subject to the following additional provisions: (a) This insurance 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-MET A2·2>-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, ~ngineer, 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 ioading 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 equipment9. (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-MET A2-23-PRINTOO 1-0282-0038-V ,.,. REPRINTED FROM THE ARCHIVE. THE 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 II): 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 Bis 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 II) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section II) 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-META2-23-PRINT001 ·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 iocation": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion Ill) 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-PRINT001-0282·0040-V "" REPRINTED FROM lHE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "•• ~ Lihe!:!Y-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 Organlzatlon(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. C> ISO Properties, Inc., 2004 CG 20 26 07 04 EP AFP-MET A2-23-PRINTOO 1 ·0282-0034-V POLICY NO. 24CC32842-1 ·cotMEJ!tCIAL ~LITO CA 71 ·10 O'l U7 TH~ ENDORSEMENT CHANGES THE POLLCV. PLEASE READ lT CAREFUJ.l.Y. AUTO PLUS ENDORSEMENT '31)Sl11JE$S ,\JJ:J"O COVEAI\OE F"OP.M Wl•ll re~pill'~ hr ~~~ag~! ;)fWi<h;d 1,y tlli~ "'l1Jtilli+J'11;1rtf-. lhv F'''~i~i?rt~ ul h-f b,JV~1a9f! ·F.otrn HPP.''l un~~ rrY.X1if iP.cft~y thA P.ndo l'SP. mf!nt. EXTE""OEts CANCE.L-LA TtON CON.DITION Pa,ag.apn .2.b .. of tile: CANCEL...A'HOt~ Caa-nmo.1 Po-ic:·1 C0'1rlitio11 fl r~r.l;..c;ecj by t'lA tollowirig:. b. G.G day~ ~atore the offs~iva IJat~ Jf ~nt:clfa:..t:9n if 'A'S care-a• for f!."'IY oi"ior roagon. lEMP,QRA~Y $U~$TITUT6 AUTO--· PHYS!Ci\L DAMAGE COVE~E \.MU i-;atGig,:i.~,, t .. -Gt:1-i I Ali\ I ~,~iL~·ns; M(;. Ali F FOiJIPMfNT ANll TFMP()flAFIY 81'.JfJSTITl-JTF AUTO$ f'.f SECTIO"l 1 .... CO'l·F.F.FD .AUTOS, tho foliowing· is ad~ed. It PhyFJr.e' ~-l,~rn~ge CG1tc111g11· ·a 0T0•1-idc:cf hy trii; Cnv· emge ·Form, tiler y.ou have CO'lcrc.ge for: Any •-riutn11 yo11. dn r,nt O'Nl"I whQ~ 11ootl '"''i'tl°' tho po,- mit:.&;io1 rl, ltF. O\O,lrier a.c:· a -tAtt,por.uy Rub,:;titlllfl· fat -a. co-.·c rcd ·'a.Jlc-'' you o·i11r; · ttLal is cu I of !;C rvl ce tc- cai 1 ~ C11 iii bi~kno\llin reni:.ir .. "-=ifi:.iir.ing, ";osis" rir tl.'.lstrlJCl:ion. BROAD FORIVI' NAMED INSURED SECTION "· -'...IABILITt' C:OVEFU\GE -A'.1. WHO 1s AM ·11\sUr.E~: p:-cvi~iJn. iei arrui:-.ded b'.,· th'J addit:o:-.· of tho lellttwlng: d. Any biJS1ne'ss eritt\'-rrewly :c:cquired ortonied :JY yau during, the policy psrie:d ?ravid£d yo:1 c-w"l SC~ nr mnrc: d t'ie· !:>1:sineiu,. ·r:nt=,y aoo tho ~Jsiress ~11t,ty .. is l'\Ot s·epars.tely _ .. 1s-ul'e'd '°'' 8iJAir,gs;A Ai,to Cove,,998. CO\lf:lfe.na -G aiccter1_d8d I.II'! to ~-rnii1<i~11m _of 180 ~-\'~ foll"i;,vt'i:-tg ijr.qui~i- ttcm or :or:T1.rti:J:1 at t:ao· bus_1csi entit'y', Cova re.go· uarfP.r ·11\i~ r,rcl\l!!ll;,1:i ~ ~r:,ot(lc:,i fl!'lly ur,11 :hr: (::M onne oolicy ~eriod. 8~~E:l AOl)ITIONA.L INSlJREO Si:::CtiO"-J JI -.,.J.ll.d1Ur'i COiiEH/1GE -A.1. WHO •SAN: lll.lSL.HE-0 proviRjor, iR ~dfld liy t"1.e r1dd:tion ot ttie to110-..1in~· ~-Arr/ pe1'9on or orga"lizat;o, for w'ic-n ~'Ou gre ra- qu,rcd cy 6.1 "insl.rad oontrac1'' to·.pt0vidc .. 1sl..ll'- ancA· •G AA 'foi::u,lld", i::ubject to t'IP iolnwirig acJdiliQnal pmvision!l:: (1) Th"' "mAu,M r.o•Tlrf.r:f,. ll'\IJt:;t t:o ii nftnr.t di.r"ng :he po"lcy perlotf s'lr.·\·~n 11· the Der.I.'\, ·1atfons. and inust havo oocn CX{1Cu1C::1 ~rior 10 the "bodliV lt1ilJ'Y"' o, "prol>Ort\' c.la.ll·iaAv''. {2) r:1:il£i person c-r organizst,o,n Is sn ·•insurec'' orly-to· t'lr. nxtn('ff you &lrc1 •'iJQIO our, 1Q fOllf 01"'001rtg op:Ar~fiorlf; ftif ti-i;:i,f il"l&1Jf9d, wi,9~!-pQr lhe \r,•or~ I::;· ;.it:rtorrt£.d ~n,cu or .:c-r yo~. c1.tld or.t, 10 lhP.·P.YIP.~t you ,qrA il~lr1: ;iRbl~ tor ;in •accllont" cccurrrng whl{c a c_ovorod •1a~o·· ·g ~eing a·i\'cn uy yc-u or· 0·1c or ~'t-ur U11· ?l·o-;ce~. {3~ Tl-err. 1s rm ·cm,·eragt. pro1:ir1ed·to t,1~ :por'i'lon -or orgsn;zatio, fer ''bed'I~· injul)"" -to· its em- olo,'.98~, rior for .iprooAtly <1amag·A11 to •Is tirooP-rtv.. · ~4) CnveragP. tor ths P.P.r,;nn or org~nirolinn S'lE I t:e r 'Tlitr.d to t1ln ox1ont of )lo.Jr ncsli· gcm:o o,• taut ~ordl rig to t~ SD.o!lcab:El- or nc1~1os of corni:>tttal111v·nc:011i;.1~r11Ct:-c-r la.It. { 5) rh e defe nss ot any claim c-r •suit'· 'Ile.isl be 1e11n11rr:d by th-s f=elllOl1' "' Ol"9a ,irc:ti<m ~ ~oo, s.e ':)recticable· to a.II otoor irsur~re W~lcrr i)Ctontiall·f F-ro17k· inaL-ra:nr:e· for 51Jch c,.a1rn or ":,;u,1··. lnclJd~ oooyri~fhtod matorr~I of rnsu_r~nCid ·sc"".'i~os C-ff:_c9, 1,c., wit~ it~ perm ssion. Co:iyr.g,:u, . .Jns J rar.u:a .Sorvicci !il Oft .ce, Inc .. , 1 !i97 (~} 11w c.:l'~cm~ prcvicfaq ·111111 r.io1. ~ood fhQ. lesser of: ia) Tnc .cO\lcragu andi.01· lirtdl=:l o1 t.11~ pollcy; OT (bl T~o coyarago a-.&or llm·ts w.q:..ilrad ':l'f tre .,r,siirerf ~orrlr~ ". rt} Po. pa!'9on'e or o~a 'li281icn-ia statue a2 5':'l ·1nsured'· under -th,s sL.1bparsg,·sp,1 cl enBB who'l yo: ir oo:;,r.r;;i,t,ori~ .. tor 11,.1,t ·j·r,s u rorl '' r.rr, CQ'l1p1Qtcd. L.nd er Paiaf!rap:-i A. ol Sad .or: . JI -..JA.91 U :v · C ::r-; ~ ERAGE itorn r. i~ t1Udcd w.1 to,,o...\Js: \"oJr '"e:n;>lovc~" w:11.a ug:ng hi£ owtied •uu:c"., or a.."I· "a..1to" -;::,~Md 0-;. a niorr,oot or n,s °' 11cr t",OJS.Ot:olo,_ ih" yoJr husir,Rf;S or \)O\Jr ~rson~ ·Rttatr.:., qruviriF.d you Cl.:i not ow., •. :11ra 01 tlcrrc-w ttiat= :...ci.J\c-'. 1.1..s coverago ~-£ l°)C':nf.1!1: tu ;it 1y nl h~r· 1:('i;lc ~lll:lc? ;,,~1 Jr;Jn"'..t I C :1~11£! r a{; ll, FELLOW EMPLOYEE COVERAGE. Exclusion 5. -FELLOW EWP ... O'l'EE .of SECTION -11 L •"AB1UT'( COVf.R/IC"-c -s. EXcu::sroNS Is a"Jia,lt!cd :JY. Iha at1ditc;1 cf t:w io:lc..:-wir\l;l: t-tc-1111aver, tt·i~· ~cluS!on·dc-ss ·1ot u:.ipl~ if th~ _"t_OC,ily i:,j:11','· resuts 1rom the ui;.o Q1 .:. ccvel'"':ld "nutc'' v,;;-cr aNn or hire, and prO'(fided' taa\ arw coverage unaer t'lis prc·,ision only app'ics h a>i6::ss·. ove1. a1y ot'lcr ~-.:illect b'.e bsLlra.:ii;c. BLA,..NKET WAl:V[R or SUDROGATt.ON Wo v,c.1....-0 tnu rlijhl of rcc0\'ur1 Wt: ma;,,· htt\11' lor· flc.Y· monia mffde 'Pr •11oa11y irifur(' nr -:)lVJ()rty dl'l-illr,e"' (>-, b'9'lalf Dr t'ie ;ic·retm! ·or orgo.nizafu~ ·aada·o a~ ''insLreds,. undar Se::::tion II -LlA.i3.lur,, C:)'/1::HAG2. -A,1.0. MQ/\IJ 1-·0R"f' N4.'t'IF.1·>· lo\-$1.JFI-::> O'l~ A. 'l,fl, BV,NKET. flDDfTION.'11. INSUP!:O. PHYSICAL DAMAGE: -·. I\DDITlON/\L TRANS· PORTA TION EXPENSE COVERAGE 1 ·,~ li,s1 "-~riten~a ref pa~a9raoh A.4. of :$i:C.11or,.,· 1+1 -Pl-!VSICAL-DAl,1.aGI: G(A,'FFIAGF. is arne11ried iil'!i follows: 'WP. will na•f 1ip tQ S50 fie' d~-Y to R. 11a.:imu.in of $1,5::::C tor t!!::np~ra:ry :ra:1spc-rtation Cl(;)Cl'litc .. 1.curred b.f yOl,. hf!c:a,1s':! Of t:'IP. to.a. i['l':!ft of i:u·:0·1.~r,M ··s.:.110• of Iha {)r!vmo ~ttsnn!Jl1r t}ll?Cl !:'l:R~ONAL EfFEQTS CO~RAOE A. fif~·~IQ-:<J ill -Pf-¥,S'C:11.,. I ~~MAGE l;OV~f4- AGE·,. A.4. -COVERAGE EXTEtJSl0NS, is a.mended by e.ddir:g th(l tollc•A'in_g: c. Per1una1 Effects Goveiage· F.r.,r F.RY ()•1,..-1ncf "EJto• :he.t ·s irvo:vod in e. r.rn,~rP .. d "lo.~~·, WH 111,·;1; pn~ 1 •P. le; $::00 f<lt "~erson .. l l:!tfects'' tnat are !ast or d::t.Tiaged afi a reFiLJ't or tre r.ovorerJ '1:>Af.., w·:h::iut :ai:;p·1y;no a tlellll(;h:lo, 'EXTRA EXPENSE -'BJ\OAjjENED COVEAA~E P.aragrapn A. -CO'll'E::RAGI::. ol Si:CllON Ill PHY8:CA"... 'JAMAGE COVEAAGE is. fl.mc1dcd to add: 5. ~·1c.: w .. I ::>.ty 10, tl'lo <il<p<l11s.:, Ol rolUtnlhg ~ stolun r.ovArP.<1 "a1Jto" to yoi 1. AIRBAG COVERAGE ;)Idai 0;'.)l.ircJ(;tc1pn B. -EXCLLSIC·I\S :IT 5ECTIC·N TH -PHYSlCA:.. DA.ld'.AGE C:J'/ERAGE-the foHowln.g ::s aadod; -:-tie cx~lus on. rolc1ti1u· lc mcchun.;cal uroa~o,~, c!oc..:s nut apply to tho ac1:ldoitai d:teh1;1rgc of. an airuaa, NEW VEHICLE REPLACE.llilENT COST ;J"ids1. Paragraph C -Ll"~IT Of. l~JSL:P.~_'\JCE of Scciion tll -PHYSICAL ~,"\rlNJE COVE~AOE :;:c· llU"'J 2-I~ arncridcd ~ fo!I ow::.: 2. An ~djustmemt.fr:.r det1ff!t:ifition,;i.11d rt1ysic-.al c:on- ditO:l Wlli :,c '.'Ml1l: .n C:E:'.C(l1\l:llng· :k:Ucll Ci!Sll \lr;;LJr, ;r11tx~ m1nr1t r.r" r1 ici::1 IMR Mnlll,"tlWlt, in Jhr. event of a total 1o~s to your "new vehicle'• 10 whir., 11,-:, CJ\'(lrr.g-e flpp""es, $ Sho'l\'1 11 the ~c;:.a:1~iois; we 'Al:: pay ai ym.1r q:itic-n.. . -a. Tt:•~ ~crililit:.:e "new 'Jct1 cc" p.urc:1c.Se :,tic:e yciu paid 1cr your damaged veh cle. 1ot in- ci' Jcirg a·ny lnsJia ·1cij or warrant .cs ;;ur· Ci~i.iOd; b_ Tt-:c purchase ;::rice, E.s ·-,e~otiatod· t:y :.is, of a "'IOW vch clc of th~ sarnc mai<O, modo ~t1d -eculpment. net: inc•uding !:'l"/ f:.in·:shings, j)l'l.rts or ~CJ I ii ;-:rre'lf not in11ta 11ec ~}' the manulsctu,-er or ms"IJlact,.1rer's oealersll,p. tf ho i:iarne mo~:;:· i~ nQt fll.~il~b~ FCY the "p,i:rr.hsi'ioc:· :arir..c· of t~ r't1ci1,r S1'Tlil;:it mode' avt.."lub,c; c, Tlw rn~rkel.VfllUF,; Of YQOr d~:-:la~d y~l'.liCO! nol i1cl11dir:13 arw tumisnings, p£11s OI' eQUtpa rn~nt l'.lbt ii~a·~~tl t:·{ tl'\.-i '1anI.1foc;tl.i"nr or roon.J1acturer's ac~e1eihip. T'ii~ ·:::ove,ago-apr,lic~-nrily fo a c::>vrirr.d j;e'.rtl:l"' of" lie .. ::i,l\lalo ~as~oigcr, light truek or modlt1rn trJc:k t)·pr.i {?.0.00.u lbl'l or os1' grri:I~ vehir:1c '""Ciy'1t}. nnd (.fu(lr, not ri.pp-ly to lr.,iir.1.tlon or snt •ip cu<.,& U6Goc.atod wlto1• loans o.· ,cases. lWO. OR M:ORE, DEDUCTIBL~B vild~r SFCTi~ II+ -P.--!YSl(;}i,. OA~.{~Gf (!OV- ER~~ E, i1 two. Of lllQfP ~cmpal')y". pol co~ at eovo.r• ad~ forms ai,:p.y to t:Te same acclcc.11. the 1o .. ow .. ,g· ~ ~ p:l,es lo pa'• gr ii Qh O, I.led uei iCI IP-: a. It mo 3ppllcall,(l 1::ius1r.1ots ,\Lite Ocdli.C:I• !hlFr is the fHT1e1IJP-r (.or ~11allP.St} denud- 11.JI~ ,r ·N • .I )CJ. 'I..Yc1Ncd; ot b: If lho applic-.ab·e Busi1e11F: .~1110 :1ecluct-· ltfo L' ri,nc ii,, ~rn;.!l;/".r {r., A!1'.\,JI :n~} iii!• ciuctioio .t WIii po rc.auccd b1/ tl'.lo ?mount 01' 1h'9 r.mellnr (r:-r r.mB'tl(lst) tter.uci t'l o; oi' Go-H l!m loi:5:s iiL1rulv~ lwu ;:ii !Hl.}11:i elJ.lti. nol:l's A~c.' oo-vora,av fl--'l'm~ or ~011cios· ti·£ ~ma'lar (or smallest) claduct blc vt'.I bo ·v,•a[vcid. For the ,p:lrpc~e of th:s er.dorse'.Tlcnt "oomµany'' mea,s: a. Sa•cco ~lSur~n<XJ eum~11y·ot .A1ir.nGa· b. A,i-.a,ican Slates Insurance Company e. Gellsral lnsu1ance Company ~ America d. A,ra,!can· Ecor.orri:i,• lt\Su·rance Com~aqy· e. F,f~t ~fut,o,1a· lnsuranL'C Cornpti.1)' ot /\,,'!-:,dca. f; A<ne,i!"'..an Stilies frisur.'lc.e C'.ornoA.ny of Te:li·as g, A'1"19rif'"..Sl'J SfFlohlfi. PrRff!f1'fild lmi.ii.rR.ii;~ C:impany h. Salecc-l.lSur..mcu· Cc.;.lnpe..n,.-o1 Linc-ii l OAl\lt.l PASE GAP COVERAGE ~ndt:r JJar_agti:.po G -~Uvlll ot-· ·1.ri.SUl~ANCI:: u1 SfGrlON 111 -l-'HY6tCAI. ll~f.!IAGf CQVE-Flf,,Gt-:. tin fallowing ·s Eddod: 4. fne most we w,11 pay 1or a tota. ·:loss.'' in .any one ''tl~i(k!nt" ~ ~h:: g•ll0101 f>t Mo tO"OW·n9, si,.,~j()r,t to.a !LSOO ~ximurn ii,iit ~-AGt.ml. :.as11 V3.~0 of Cle dilrnag.ecl qr '61ctcn p1opert•; as ol tlie t,rne c-f tile "oss", 1ess an '4r.J11~~rilnrri: for dnr:tc:c·,,~jr:,r, anrt ·ph·1t.ir,a· ·ccn::1~io~ or b. Si\lfi.neC ifao u'idei t~n 1er-m:. of tho· 1oan· Dr .oa::io tiat the datn,god· co~roo ··autc,"· -1s -~:.1b_c,ct to !;It t11n: timo ot thn ·1on''.: ns1' nr~· orr, ni-i.111 TJf tho follo-~·ing ;;iitj,"11imflr.l't~:. {1} C)1orouo payment and ·t1'lanciat ::ionsllies assocls.led w.tn those Ol:lyn-1~~10 1:1.& ~f 400 dat~ -ci the ·'1-Qf;s". ('2) fi11~rc:ial pe~ lties i mposRd 1 .-id~ r a E-:3!:iC due to t~ gh m . .ea~ t, exc.2s- ~11.tc: use°' aon.orn1a1 wc:&nmd t<l"dr. (3) ('-Ol,.1s. 1or (!:.:tooooo wc1rrant1oc, U(J• dit Lila •~ur~cA; Health. i\r.ci<1ent "or· D'!;,ahility l"fsurenr.e ;,urr.h,Hod irulTt; I~ lnRa m 1,~;1~!. {4) T,ansfor er ro::ovcr be:anccs f·t:im ;)f9YIOU~ IC-alls or ICBS.CS. (~) Final pqyme-:it di.,~ urrner a ·~aJl0;on _uan". {8} J'1u ~Ulltif ~flUJ.fll cil ·~r·y J~--repaired C,a:iias:ic that occurred ::>rior to tne ·'tmai-l'3ss" · of a. cove r.ed "i\lrtr:". ~7) Sacurltf ctapc-s"".s net tefu'ldod b'( a c,~tor. {B} A.11 rcfC!nds p-o.~~·e or ::is.i<:i to-y.ou as a resJlt m t-,e aar,y termins.1ian :lf o. !eesc at1reomcn1 or r,ny w.nr- ranty or C)ltondod ~Ol"'/ioe· ag.roo- 11ent o'I a CO\.'Ql'Od ·•auto•·. (ti) .~:iy ur1i<;IJ:it raµr<fsa:1ting :ruws. (1 CJ} _QUI'\ O,'-18&:iC f{Jtltin.tl 01 fo&S Gl.l\iSS REPAIR -WAIVe~ (Jf Dl=DVCllB~e \)'1d'i,. oaragr~ph O. -I *DvC l'lrlt E-at S.,_C noa,.J +II -PH:VSICAl. OAIJIAGF 001/F.RAGI=. tha follp,rting·is added: Nn deti..1r.tiJle acm!ie,; 10 fJRSS d~mrtge. if tha f)l~s,. .is re pc: ired 1art1e r· f.lati · ri3j'.)I aced. AMENDED DUTIE~ IN THJ=_ EYENT OF ACCI- DENT, CLAltJ', 5UIT OR LOISS The rCQUlrcmonl. In LOSS ·CONiJITIOtJ 2.,_a. - ".X.JllF:S IN Tr: zVF.-t-.T OF A,CClnFNT, Cl Al~/. SUIT-on _·oss -or 51:CTIO~ IV -BUSCl\:ESS AUTO' CONOITIOtJ5" lhal you !'rlUSl notiiy· us o1 an Er ··~,:c':.:i~nr ai:p:ic:s 011y w1on t:lo "tie;Gldcnr is-.K:riow:-1 fo: (1 J Y ()ti, f you ar·c ari ind)vid u~lf;_ (21 A paTfrie•, if );o:i""i\re Ii ~artrier3'iip: or (3) All exe.:L!fotr.i otic:~r or in~urB,'.lr.fl·rrianager-. if yGu: are a: C01porat!01. UNINTENTIONAL FAl4,JRE TO DISGLOSE ti,AZI\ROS. . . SECTION tV -Bt.:Sn,iES$. Al,.,-0 C.CNl:,;T-0<:m:s B.2; Ir:. Hrriondud b~ tho Eiddl~un 0t lho runowlng: It ·~·o:i u:--.~:-rte:nt!onal'i feil fo disc 01a any ~e...zaras me• istin~ .• u tna inception t:a1e oi yc-ur Policy; we wh, not d::11y c:ow-:ri\ge 1.ndnr th!:-; Cov".ra.!"]n form ::ior.auFoe of s·Jch f!t'u~c. 1-!ov,over, this. ;:,rovislc-n dces tict edfoct OJf , ghl to-c.o,10Gt addlClonai prt.'llllun; or c>ectcl:sc ~-1,jr ri3ht er r.~nr;r:l',it:icm ::ir. 11on-rr.newl'\'. HIREO AUTO -LIMITl:D WORLO WID~. to\/£R~ AGE L,nckr ScctiO.'I rv -6Jsil'lt~s Coid,UoM, Pa.'..i'Qi"a.0,'1 B.7.b'.6(1} jg rop~c~d:by t"'lb 1ai•OW!~g: (1) 'l'l",e ''l'le<:i<f~r,4" o, .._O:<;El-' l'!il1';Ulti. fro'l'l tt,q: Jf:R of a'r'J· ·l;i,1 1tn • ht~ '"'° ·3C days er loss: R"ESULTAJ'JT '4ENT.A.L 4N~U_J$H COVc~AGE SEC nON ~ -CJt,;l,\.IJ lOOS -c. is:n~ol~r.ert oY 1 h~ fnl lo~i IJ~: "~otillY. llll!Jf'Y" tnrJMi. ·oc~,ry ,n~uiv ~1cknoE.S er o iii:• Mtti! $11 lkfRlnOrl mJ .R r,orFl'ln I nr-' IC1 i n!J. mr; rlill 8 n !JI ll~h or oo.eth reP.111r,g 1mm a1y·of the!'l<l .. til~EO ·AUiO PHYSICAL DAMAGE CO\i'F.:RAGE If nl roo ·mJ10.4;" ;irn r.n"P.rM '"aL,fffi"! for I li=.b::1ty r:.r,v. erage and it Cc:-m~ehensive, Speciftee1' Causes of L-:iss ot Ce-1rslot1 Cc.'\'Gra.gdS ur.o ,'.)rO'/ldcO unelut 111'.s Covuraqe For;n for uny ''a.Jlo" ·,ou ovm. then tho Phy8lcal iJHni1:1go CO\i·orH9()tl prCWM:tcd tire cxtondod to ''ci.lJ'.c-:;• you l'l'.l'o or borroY,. 1 ~e most. we 'WI~ pay tor JOSS to an-v: .hired "auto"' is $:Sc,:::C{) iir Ar.foal Cc1."lh "!i:.llln· or Cor.t of ~¢:i,i'l[l'; Yihic~b\'er :s etruele6t! mir.us ii dcd"Jcti~ll>. !he cc· d:.!l..1.i,,o ~fll· I.Jo oqua, to iho latgusr duructiolo a,p-,.~ cahlfl ·,o .-.ny O'l)'l'JCld "e·Jfo" of t'ln Jrivate pa~_~nr,r.r o, lghl. 1i"Jcl< t~•pa fer lra~: e<Na.ra9c. 1:-Jircd. Aulc Pry-· s,cal Caniagc .,;O',.ictagc Is, c>c.eol:rS <AAlt e..ny .otnct co.- tnctitln infl\.1-:nnr.n. Siihjnct to inc ai~DVG. I m1t, ~cd~qti::ile art~ Qt'(;C65 i,rc-,~fl~c-:i_s; we··"'·~'~ prCNi.de cover~e equa1 to tl-.e troadest coverage ·applicab1e to ar)"i ·c;ovored-''Rufo" yQ11 r.:vo,ri H.iREO AUTO PHYSICAL OAMAGE COVERAGE· - t,.OS6 or USE SEGT ION Ill -PnYSICAL DA~~\G E A.4-. ~. fotm doe$ 1ot eiprlv. Sub;ect to .a ma)(i,nJm of :i1 .O:)O per acciden1; we wil, t:oYnr ;t)~ nf UM C!f ll hil'Qd "'"'1.rtni' ~ ~-fCiLl~S t~-n an acoidont. ygu aro loca11\' I r;i:l10 ,a,d tho lcteicor in- curs· ari uctu.ai f .. 1.11:~.a. ,Os£. RENTAL REIMBURSEt.'El(T COVERAGE A. We.. ·-il~II ¢a.·f for rorifo.l ·rc.im5ur.:.cin::it cixpcm1os ln(j.Jrrud 1>'J vu1:1 lof \ho r(;)nta of ~.r• "a.Jlo'' i.,0- ca:.19€ of a: c:l":crcd "la!is• t:i a oo·,croc.1. "ru.rtc''. r·e,mont arplin:ii :, adr1ifo, to.r·1t1.ot,nrfl"isn ap• plicab1e arr,OJnt ot e&ch cov.arageyru ha'l,e o., a c:owirr:d •r;~iJn".". 'IQ c1cd11c:tih.loti arpl~· 1c th', 00•1nrr-1tJc. a. We 11,1 II O&Y en~· fer th0so alCp.an·se:s, :1nc~:i0d during tns pahcy period ceg1,ning 24 noun; after tlic "101:,s,. ·a:id crnfng, rugaid'ts~ or t'ic tc-'i'-i''s Cll(;):1a.tiori., ;,vith t!lc :essar of 11ia fcl101i,i11g·:iuili:.:;or of days: . 1. rhe number ol days reasonably required· 10 r~ool'r or rr.r:li'lc:e t'in· (:OVnrncl '";wtr." . It "!OS$'' le C~U5.Qd ~--the1, thl6 :)UTil:::Br 01 da)','S I& f.idckd to 1t1c, n,unbcr DI tl&.)r'B ,i 1aIks 1p I or:e1e t'lr: r;O\lf)r~c\ "r-i.vlo" 1111 rl Tetvrn it t9 Y,eU. l. ~o dar,.. C. Oblr ~;n1c-,1 :!!'l l:,TI tod to t~c-leaii:et of 1-,11-fQl- lowing a·rT,oJnt.s: 1. Ncoossary 11nd a<.11.:1c:1I expenses 1nc1:1nc<l. 2. -$~ l:)Or d1:1y-. D. Tl')!$ cova:ragc docs not: ·ap.p y w_hilc tt',orc arc E:pare :::i, t:!scn.·e ''aJto·s" e.vata~loto ·11ou tor yeisr opor atioos;. [:. If ·"less• res~lts from 1,c tota~ t!'lcft of !I coveN:d "e":Jto• of t"'ic pri·1.nto j).ri8'9c:n·gor t,•pa, wc:\viH ,j>ay" under tnis wve,·sg_e 0,1,y tnat amouflt of yau·r re':'ltoi taim1:)L!.rsc-ne-1t cx::i~ngoe W'"llch ·:s not al- rosd·y prov!clod 10, u'!ldcr. tho PHYSIC/\!.. Di\M- /iGE. COVE.AAGl:. Oovarag,e E~teasion. F. Tho Rema, Foii11bursorncnt CO\•an1ge ac;>::icrruoo tJiUVl;J lft.'f:~i ·j~Jl ;i;i!; }' lll i;I ·cli\,';;lltliJ "iiUli:r l11til ·~ descrihcd c,r de:l:liQnated as-a. co1.·:ired ·'ai.;to~ on RG :itc:.I .Ra: m:,n rscrr.t: :1t Oov.o r&:gc CA 99 23 .. Form AUDI01 'VISUAL AND DATA ELECTRONIC EQUIPMEritT COVERAGE· A. CoVP-r.l!Ja 1. Wr. will ''.'!P.Y with m~rcci to a r:ovnro<:I "a11tn"' ror "lt:·SS" to anjl c·cauon·c t:quiprrio·it t'1ul m,:,;'\Jn.s r.r irm~mirl'l ~1 •. 1110; y;",11.1 ·"'!' rl.:t.i- slgnals ;,md that i~ not cr.sign_oct s~lclv .for th~ repro<1utro·1· ur i:;ou~d. T'lltn:o·mr:11JEi 1:1pp·1es ur.1:.J if' ~1.ju u~u:;,,~riuiil i~ ~tutr~nvLiJl:,r ;;1slall~~ in foe cove1ad "auto'' at the lime ot ttie .,~~· d' t,~ t;q1/~'Tlor,t is rqmcval.:lc.'fi'crr.a I-E-;,iflir:~· -;,init 11\•t-iit:~ i:I· ·;:>cr.nancRfl:,· ~isfall:!ld in: tne covered ·'&ito" at 1he time. ot the .,ois s •, e.nc : such eq:ii p nic ot is de ~rgrt::d to be aolefi opcr.nta.d b~; ~,ea of tho pc,'i•c· from ttie· 'aJto's'' elect,ical sys\e'm; i,11.01· upon the r::a-rc rod "e•.Jto''. 2; Wr. w~I ony witn rnop-cci ~o c r:o',(orflri ".::•Jto'"· fer '"loe$• i:> eny, accoseorioe ~d ,vith too· uro::1ror1ic (;qJi,mont doscrf::'°,d In Vc.i.f<1,gm.p.h A,1:a.bqve. f,-tw,,gv~t. tflii:: r!OOP. l"Ot ir,r.hid~ tao~, ,'4i!r.orrls ()I' di!ii-s. 3. If Audio, Visw,.J and :lata Elcctr.cnic Equip- ment-Covese.ga ·1otm ::::A 99 e:> er C.1',: 99' 94 Is .a1,achuClo t.o '"'s, pc,IC't", 1ncn 1nc Audio, v .• ~~• ctrlli Data ~rACtrnl'lici E()uipment' Cn,1fn- r.9e cfe?F.crihed above oons not r.p;.,ly. 8. ExcllJslons f:i.!C O)!.~,u~;('tiS: ihat up.piy tu p·,._;y~I.CJ..L DAM- ,\GE COVEP,,G'=,. C!<OO!ll 1~r 1hu ~\J!!lori: !"()IQ~ ing ~('). Audio. \jiRu;al 3'10 r>i=lt;:;: F.lm:tro'lir: .Equiµni81l, alM apµr,: t~ t:~s covorag~ ,ti' ~d~.- ti flfl, I he rnllow.i'lf} A)(CI li RI nr,s -o oly: ·wb wl,, 110t pa)' tor o,thor any c!oct'ronlc. oci,1-1•1,J· mc"t or at.-cossorios · usod with SJCtl ·o!octrori·ic .eq ul !Jrtit ."It tb...t It.. 1., l\~eo~saty f.ot 1.10 l'\Or.tl!.1 .c>~~tutkm of tho r~\f P. rf!('I NliU! n'' IO< tt~ rr,I) r~'°'' r.J n1 1 l)f! m,(r.rot:( "rt11tl)•s-" OJ1l".ri!Jing ~\{*tr-.m; r..r. 2. l::lotil: a an intogra1 cart of tho SE.mo umt OOiJ~ing Ef1Y SflU'.'ld roprccf(ir.lng ritjulprne'lt r'c- slgnocf sololy rcr t:KJ WJJrc·t:lJc;tiJn ui sour.::t 14 lllc souri:I roptoduc1ng ~1.pi;,1rr11111l i~;: ,;,r11·rn,11cJ111iy ir,i,[,:i"t:u iri- tt:ifl r.;ovcrcd •a(.ltJ'"; am! b, pet-ne.=-icntl\'· lrista!~d in ·fhe opcnin:i of tt.io dash ot· cunsokr norn1a1ly used ~Y d :,; :, l; IJ.1· t10 :nanutuciurcr .~c-f'ttl'3 iOS'la.11~:0:, Of a. radio. c. Limit ot losurance Wi1h respect to thi~ cooc,rago, the: LIMIT OF IN- SL~i\.'JCI:. pt6Vlslori &l . ..JH'i'SICAL LJ.t.W.AG.t:· COVERt:Gf .is re,,1;i.r.ad .ov 1,e tO:ICW!o·ir'fo· 1_ Tti!! moi.1 'Ni': v.11; flAV In,· "IOs~" In illl~;.,, \II• sua or ~ate. etectroriic equipment and ·any- ar.ceF;f.Orto1 use~ '1'i-''l'l ll'l r. OQJ"o·nr.rt as e. m.suil c.1 a.rry om~ "a~;!Jot;t" ;s t::ie !(J'850nJ:: ~-TIL1;1 al,Ju..: q;.s!:1 ittll u~ u[· C!:it:i Ua.:·mfgt:d or stolen property c:s of tbe time of. fhe "!tis:."; ::ll b, rt,e c:oat Qf rep.l"liring or ri,p'ec',!l: the dfl.me::~od or etolcn ~ropEirti 1ii~ ot~er l,Jl"Ol,;.Oft~, o1 lik(; klnti .nci QUisilil'f. c. $:,.,COc: 2 • ..\n· adjJslment lor depreciati<ln and physica. ccn~~lon will :>O: made in ~eteri:nl'llng cqti..ra.l caeh valUl:l,a.t thp time, m t!ld ·"!qse". -~. " a i'q)ps.it or ropla~:11rncrrt r<'.iEUlf:¢ in t::c~t<fr lllail ,Ires ,dnd or quulily, wo :1i,•,I, ,~r pay 1ot Ille a'1l0tmt ol i+'1A oAt,Qrmo'll. C. Deductible 1. 1f ":cs:::" t,:::, t•1c· a:.Jd c·, · .. d:.u.il ::ir dc1ia a'ec- 1rnnic equ i::ne:Jt or acccncries used w~h 4his aquiprneri is tne result-of a, ''lo&." to the ccvared. '"i!!:ito• under ~c 3:isines~ A.rte 'co.veraga Fofrr'~ ·comprahc~ivc. Qr Co1U- s,or, Cmlerage, then for eac'1 oove,ed "auto'' Ol:!r obiigstlo'1 to. pay for, rep£ifr, tetv·n or ra- ?lsoc darn:i!god or st·:>'O'l .. P.,opcrt; wll pi:;-r<f- dLc:!d a; the sppl,cab.e deducliclc show:1 in 41,,e [l9';_•a.-.atior-..:;:, Ar'i Co11p,e1~n&i~ Cov-- or.gs dAdur.fo•e shnwn 1'1 tlie OF.c•.-•alif>ri& dcos not aj:!r;ly lo-•·:oss'· tc a'Jdc, v.sJs.l or dl:ihl. o,octf'Ofl,c cqµl1,:rnoit. ~aJ~od by 1irc <lt liglltning . '2. If '".~'' t9 the· audo,. "'.l~ua1· Ot data \'.=!ICc- lrot\lr; e~u.p.·n.e.nt u ucccssor,~~. Jscd w.1h 111,s ~QiJIOn"IP.tll IS trTE! r~.st,it OI It "10$-~" 1Q the ·r.nvomd ~1110• I1r:,cipr ~,-n Rusin~ A..Jtn Gove-raga l'Otli"ti SptclflcCI Ca:.is1,;,s· er l.'.066 Co\leragc, thcri for cacti co·,cri:!a •e.:uio'-'· bur ot:iigat1on 10 pay 1or, repair, rc1um or rce>lacc dam;ig·en ar r.tc-ion r:rope·rr; will be. ·rr.c1licr:id ll•;• ri::l ~~c;:;i der.luc:l t.£ u. ·3_ ·If -i:c-ss·· occu~s sc-i€1y to 1110 a:u2ic-. ·.l.s:..ia or data e1ectron;c equ p110m 0< ac,o;ess:::>ries ~s~ ::I v,1t"l tt,·s cqai ?,1111011t, t"'lt ,· for El4c h ~ :r,- er:id ''autc!' our obli!Jat'or. 'to ,=ay 1or, rcpe.':r, ACORD(S CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~--12/15/2017 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 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 endorsementls). PRODUCER CONTACT NAME: Arthur J. Gallagher & Co. P~5?N.t ~ .• ,. I ~f,~ Nnl· Insurance Brokers of California, Inc. LIC# 0726293 E-MAIL 1255 Battery Street #450 Anncc<><>· San Francisco CA 94111 INSURERISl AFFORDING COVERAGE NAIC# INsuRERA ,NonProfits' United Workers' Compensation INSURED NONPUNl-01 INSURER B: Safetv National Casualty Corporation 15105 Urban Corps of San Diego County INSURERC: P.O. Box 80156 San Diego, CA 92138 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER-1473950847 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 lYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl LIMITS COMMERCIAL GENERAL LIABILllY EACH OCCURRENCE $ f--D CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES IEa occurrence\ $ MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ =i D PRO-DLoc PRODUCTS· COMP/OP AGG POLICY JECT $ OTHER" $ AUTOMOBILE LIABILllY 'SINGLE LIMI 1 $ (Ea accident) - ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED r--NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per acadentl $ -f-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION NPU -WCG 001-2018 1/1/2018 1/1/2019 I ~ff TUTE I X I ~iH-AND EMPLOYERS' LIABILllY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE -EA EMPLOYEE $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $500,000 B Excess Wokers' Comp SP4057827 1/1/2018 1/1/2019 Limit Per Occurence Statutory E.L. Per 0cc & Agg 2,000,000 XS of 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All California operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works/General Services ACCORDANCE WITH THE POLICY PROVISIONS. 405 Oak Avenue Carlsbad CA 92008 I ~OEPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD r ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~--12/15/2017 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 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 riahts to the certificate holder in lieu of such endorsementlsl. PRODUCER CONTACT NAME: Arthur J. Gallagher & Co. PHONE I FAX Insurance Brokers of California, Inc. LIC# 0726293 ,,... Nn c~.o.,, ,,,.,,... .i,., 1255 Battery Street #450 ~;,Mn':)~""· San Francisco CA 94111 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Non Profits' United Workers' Compensation INSURED NONPUNl-01 INSURER B ,Safety National Casualty Corporation 15105 Urban Corps of San Diego County INSURER C: P.O. Box 80156 San Diego, CA 92138 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 6242432 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 TYPE OF INSURANCE IADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER IMM/DDIYYYYI IM M/DDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES IEa occurrence\ $ MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ =i D PRO-DLOC POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY <.;UMtllNtcU .c,oNC,Ltc LIMI I $ (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 LIAS H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION NPU -WCG 001-2018 1/1/2018 1/1/2019 1 mTUTE I x 1 ~~H-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LI MIT $500,000 B Excess Wokers' Comp SP4057827 1/1/2018 1/1/2019 Limit Per Occurence Statutory E.L. Per 0cc & Agg 2,000,000 XS of 500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: City of Carlsbad City Wide Litter Removal CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: John McKelvey ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad CA 92008-7314 I ~:oEPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD GS1442 AMENDMENT N0.1 TO EXTEND AND AMEND AGREEMENT FOR CITYWIDE GRAFFITI REMOVAL AND MISCELLANEOUS MAINTENANCE SERVICES URBAN CORPS OF SAN DIEGO No.1 is entered into and effective as of the ?-.I~{ day of -=-=---=-~.-+~~'""'-----.:------:------:-:-' 2017, extending and amending the agreement dated July 6, 2016 (th '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 graffiti removal and miscellaneous maintenance services. RECITALS A. 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 July 6, 2018 on a time and materials basis not- to-exceed ninety six thousand eight hundred twenty four dollars ($96,824). 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 Ill Ill Ill City Attorney Approved Version 1/30/13 GS1442 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 corporation By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: 'Da.nie-l M,rJes:fl-~;Jmt (print name/title) ' By: . /~' ·;If~ ._" --·-:. "~ :.. r-J_,. {'· -~(signh:::re) · -· · ·-. ·--• In~tld N1e6eo 5eae_:h7cityclerk (pnnt 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:_~------====~~~ Deputy City Attorney City Attorney Approved Version 1/30/13 2 GS1442 AGREEMENT FOR CITYWIDE GRAFFITI REMOVAL AND MISCELLANEOUS MAINTENANCE SERVICES URBAN CORPS OF SAN DIEGO THIS AGREEMENT is made and entered into as of the lJth day of ~vll~ , 2016, by and between the CITY OF CARLSBAD, a municipal corp ation, ("C1ty"), and URBAN CORPS OF SAN DIEGO, a not-for-profit corporation, ("Contractor"). RECITALS A City requires the professional services of a contractor that is experienced in graffiti removal and miscellaneous maintenance services. B. Contractor has the necessary experience in providing professional services and advice related to graffiti removal and miscellaneous right-of-way maintenance. 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 from the date first above written, ending on June 30, 2017. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed ninety six thousand eight hundred twenty four dollars ($96,824). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed ninety six thousand eight hundred twenty four dollars ($96,824) per Agreement year. The City reserves the right to withhold a ten percent (1 0%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 4/1/15 GS1442 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 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 City Attorney Approved Version 4/1/15 2 GS1442 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. 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. 1 0.1.2 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. 1 0.1.3 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. 1 0.1.4 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: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 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 City Attorney Approved Version 4/1/15 3 GS1442 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. 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 Clayton Dobbs Title Public Works Supervisor Department Public Works City of Carlsbad Address 405 Oak Avenue Carlsbad, CA 92008 Phone No. 760-434-2980 For Contractor Name Robert Chavez Title CEO --~-------------------------- Address PO Box 80156 San Diego, CA 92138-0156 Phone No. 619-235-6884 Email Rchavez@urbancorps. org 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. City Attorney Approved Version 4/1/15 4 GS1442 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 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 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 (1 0) 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. City Attorney Approved Version 4/1/15 5 GS1442 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 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSJGNS 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 City Attorney Approved Version 4/1/15 6 GS1442 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 URBAN CORPS OF SAN DIEGO, a not- for-profit corporation By: By: CITY OF CARLSBAD, a municipal corporation of the State of California ~ By~ / KeViilCfawtord City Manager If required by City, proper notarial acknowle ment 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: . . ---"-:_ :" (. ( { o, Deputy City Attorney City Attorney Approved Version 4/1/15 7 GS1442 EXHIBIT "A" SCOPE OF SERVICES CITYWIDE GRAFFITI REMOVAL & MISCELLANEOUS MAINTENANCE SERVICES A. GENERAL PROVISIONS 1. Contractor shall provide a minimum of one two (2) person crew and one vehicle to perform citywide graffiti removal services. Crew will work a regular eight (8) hour shift Monday through Friday. 2. Crew will interface daily with the Public Works Supervisor, Streets, or approved representative to receive instructions on locations and schedules for graffiti inspection and/or removal. 3. Crew will self-generate graffiti removal requests as necessary. 4. Crew will report each incidence of graffiti to the Public Works Supervisor, Streets, or approved representative, before action is taken. The Public Works Supervisor, Streets, or approved rep re sen tative, will determine the appropriate method for graffiti removal and the crew will remove the graffiti as directed. 5. Crew will work cleanly and in accordance with approved graffiti removal methods. Graffiti removal will be complete leaving no shadows or ghost markings. Sites will be left clean and free of debris and/or overspray. Contractor will provide supervisory spot inspections as needed to maintain quality assurance. 6. During times when graffiti workload is insufficient to employ crew or in times of need, as determined by the Public Works Supervisor, Streets, crew will perform miscellaneous maintenance. Examples of miscellaneous maintenance include, but are not limited to: cleaning of walls, sidewalks, or other hard to clean surfaces, delivery and/or removal of sand bags, delivery and/or removal of temporary traffic control devices, and other duties as assigned. Miscellaneous maintenance does not included working on any regular City maintenance crew. 7. As-Needed miscellaneous right-of-way services including, but not limited to: bulky item pick-up, shoulder clean-up and contouring, facility yard clean-up and organization, sand bag and related materials transportation and organization, and infrastructure cleaning. B. REPORT! NG 1. Contractor will provide weekly and monthly reports detailing the graffiti removal actions of the crew. These reports will include the following information: a. Location b. Date and time of initial site inspection c. Date and time of removal GS1442 d. Surface type and approximate size of graffiti site e. Removal method used f. Name of crew members performing removal and logging information g. Date and time of supervisory inspection h. Name of supervisor performing inspection C. HOTLINE 1. Contractor shall monitor the city's graffiti hotline daily. Contractor shall pick up voicemail messages daily, record the reported graffiti information, and take action to remediate the reported graffiti within 48 hours. D. EQUIPMENT AND METHODS 1. The following equipment and methods are approved for use in the City of Carlsbad Citywide Graffiti Removal Program: a. Chemical Cleaning i. Environmentally safe chemicals, solvents, and materials will be used to remove graffiti. A copy of Material Data Safety Sheets (MSDS) for all chemicals intended for use by the Contractor for graffiti removal will be provided to the Public Works Supervisor, Streets, or approved designee. ii. Chemical cleaning shall only be used when other methods of removalare not effective and/or recommended. b. Power Washing i. Power washing will be used to remove graffiti and hard-to-clean substances from sidewalks and/or block walls or as determined by the Public Works Supervisor, Streets, or approved designee. ii. Power washing will only be used in low pedestrian traffic areas and/or at times of low pedestrian volumes unless otherwise approved. iii. Warning signs and protective barriers will be used to warn/shield pedestrians, vehicles, ornamental street furniture, windows, and any other sensitive surfaces from potential overspray. The protective barrier may consist of plastic sheeting and/or painter's cloth. iv. A water reclamation unit and Best Management Practices must be used during pressure washing activities c. Painting I. Contractor will carry tools and materials necessary to prepare surfaces and paint over graffiti at sites where it cannot be removed by other means. Paint and supplies for painting will be provided by the City of Carlsbad. ii. Contractor will apply paint that reasonably matches the existing base surface color and in a manner that completely eradicates the graffiti. GS1442 Painting will not follow the graffiti and no patterns such as that of the letters or shapes will remain upon completion. iii. Unused, remaining paint and materials will be returned to the City of Carlsbad. E. BEST MANAGEMENT PRACTICES (BMPs) 1. Contractor will incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal Code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. 2. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision CITY reserves the right to implement BMP's to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. F. COMPENSATION 1. Contractor shall invoice the city monthly for all hours worked during the month. Incremental payment will be made monthly based on the hourly rates shown on the attached quote (Exhibit "B") from Urban Corps dated June 17, 2016. To: John Maashoff, P.E City of Carlsbad, Transportation Department 405 Oak Avenue Carlsbad,CA 92005 EMail: John.Maashoff@ci.car1sbadca.gov Office: (760) 434-2856 Date: 6/17/16 Re: Cost Estimate Project: City of Carlsbad -Graffdi Removal & Misc. Right-of-Way Services Exhibit "B" From: D'Wane Brown Community Improvement SetVices Manager Urban Corps of San Diego County 3127 Jefferson S~ San Diego, CA 92110 Email: dbrown@urbancorps.Oig Cell: 619-954-4705 Scope of Work: Provision of a supervised crew to provide Graffiti Removal services of the sea walls and other hardscape in the C~y of Carlsbad. Total Units Cost P/Unit Total Comments labor Supervisor 1600 $ 25.00 $ 40,000 Corps members 1600 $ 21 .00 $ 33,600 Fuel 1600 $ 0.55 $ 880 SUBTOTAL $ 74,480 Scope of Work: As-Needed miscellaneous right-of-way services including, but not limited to: bulky item pick-up, shoulder clean-up and contouring, facility yard clean-up and organization, sand bag and related materials transportation and organization, and infrastructure cleaning. Total Units Cost P/Unit Total · Comments labor Supervisor 480 $ 25.00 $ 12,000 Corps members 480 $ 21 .00 $ 10,080 Fuel 480 $ 0.55 $ 264 SUBTOTAL $ 22,344 TOTAL $ 96,8241