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HomeMy WebLinkAboutAP Triton LLC; 2021-12-02;AGREEMENT FOR AMBULANCE SERVICE FEE STUDY AND FIRST RESPONDER FEE FEASIBLITY STUDY AP TRITON, LLC THIS AGREEMENT is made and entered into as of the 'l.n{l, da.., of t) <,~'Q,..r:' , 20.1..L_, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and AP Triton, LLC, a limited liability company, ("Contractor''). RECITALS A. City requires the professional services of a consulting firm that is experienced in fire and emergency medical services. B. Contractor has the necessary experience in providing professional services and advice relaiad to ambulance service fees and first responder fees. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to pe-f'orm 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") thci are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's arms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill custor11arily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern CalifJrnia 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 two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for one ( 1) additional one ( 1) year period or parts thEreof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropri3tion of funds by the City Council. The parties will prepare a written amendment indicating the effective date and IEngth 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 not exceed t1irty- five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items co~red by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount sha I not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 61'12/18 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 orly as to the result to be accomplished, but will consult with City as necessary. The persons used by Contracoor 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 \iJhich Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its ar;pants, 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 beh31f of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. J!..t 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 omissio1s of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractcr, 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 volurieers from and against all claims, damages, losses and expenses including attorneys fees arising out ex 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 m on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rat ng in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the Na:ional Association of Insurance Commissioners (NAIC) latest quarterly listings report. City Attorney Approved Version e/12/18 2 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Mana~er or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitaions or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and emplcyees 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 (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the ga,eral aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for ::ity). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required ty the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and prm.ides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years followin;i the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agree11ent contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be w-itten 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 wrn 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, therr City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the preniums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contraclor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version 6, 12/18 3 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreennent. 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 pursuan: 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 a.II 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 Jennie Marinov Title Senior Management Analyst Department Fire ---------- City of Carlsbad Address 2560 Orion Way Carlsbad, CA 92010 Phone No. 760-931-2141 For Contractor Name Kurt Henke Title Principal/Managing Partner Address 1309 Coffeen Avenue, Suite 3178 Sheridan, WY 82801 Phone No. 833-251-5824 Email info@aptriton.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all cate;Jories. Yes~ NoD 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations whicr in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Cortractor. 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 regulatio1s. City Attorney Approved Version 6/12/18 4 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will ccmply 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 reaolve any questions of fact or interpretation not otherwise settled by agreement between the parties. RepresentEtives 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 vould be of benefit to both parties. The representative receiving the letter will reply to the letter along \o\.ith a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfc,ctory 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 pro::)lem. 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 decid3s 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) bus ness days to deliver any documents owned by City and all work in progress to City address contained ir this Agreement. City will make a determination of fact based upon the work product delivered to City and cf the percentage of work that Contractor has performed which is usable and of worth to City in having the AgreBTlent 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. 11 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 fD the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other-than a bona fide 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 conjurction 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 wh3re a City Attorney Approved Version 6"12/18 5 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. I 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 b an ad.ministrative 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 debarme,t 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 pro·1ided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, St2te of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. · 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due uooer 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 wit, the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding bet"Neen the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersed3 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. II II II II II II II II II II II II City Attorney Approved Version 6,"12/18 6 EXHIBIT "A" AP Triton, LLC (Triton) will conduct an Ambulance Service Fee Study and a First ~esponder Fee Feasibility Study for the Carlsbad Fire Department (CFO). Over the next two years, CFO will implement Standards of Coverage recommendations in phases changing deployment models and costs. Triton will provide comparative analysis and will account for full Standards of Coverage implementation in both studies. Study One -Ambulance Service Fee Study Triton will review and analyze current CFO ambulance service fees to ensure fees are compliant with Proposition 26 and legally defensible. Additionally, a review will help determine if fees charged are appropriate. The information provided to CFO will be utilized to develop fiscal projections of operations for the next five years. Study Two -First Responder Fee Feasibility Study Triton will review financial, economic, and other information provided by CFO and determine forecasted revenue of various cost recovery options. SCOPE OF SERVICES Section One -Project Initiation & Information Acquisition Task 1A: Initiation & Development of a Work Plan Triton will converse with CFO and/or project liaisons involved in the study to develop a complete understanding of department backgrounds, goals, and expectations for the project. Triton's Senior Project Manager will develop and refine a proposed work plan that will guide the project team. This work plan will be developed identifying: ■ Project team members responsible for each task ■ Major tasks to be performed ■ Resources to be utilized ■ Methods for evaluating study results ■ Any potential constraints or issues related to accomplishing specific tasks The benefits of this process will help develop working relationships between the Triton project team and CFO, determine communication processes, and identify logistical needs for the project. Task 1 B: Procurement of Information & Data Triton will request pertinent information and data from CFO and any other agencies as necessary. This information is critical and will be used extensively in the analysis and development of the report. Thoroughly researched and rel~vant studies will be included during Triton's review. The documents and information applicable to this project will include, but not be limited to the following: ■ Any previous studies, if applicable ■ Applicable state and local laws, ordinances, tax information, regulations, and contracts ■ . Annual reports, budget history, budget projections, revenue analysis, and audits 1 ■ Service demand and response data ■ Collective bargaining agreement(s), if applicable ■ Fire and EMS resource deployment standard operating guidelines (SOGs) and general EMS policies, including dispatch center protocols on EMS incidents ■ Description and policies regarding CFD's EMS Continuous Quality Improvement (CQI) program and plans ■ Current demographics, land use, and growth plans ■ Contractual agreements with cities, including financial components ■ Current EMS standing orders and patient care protocols ■ CFO organizational chart ■ List of local hospitals and tertiary care facilities and its clinical capabilities, and those assigned as Base Hospitals ■ Billing and collection policies; third-party billing company ■ An inventory of facilities, apparatus, and major EMS equipment ■ Incident data from CFD's records management system (RMS) exported to an Excel spreadsheet format (3-5 years prior to current year): ~ Incident records to include locations by latitude/longitude (if available) and full address; timestamps to allow for calculation of response times, turnout times, call-processing times; response mode to scene; ambulance transport and hospital turnaround times; including transport mode (lights & siren versus no lights & siren) to hospital; and other data elements that may be requested • Records from Patient Care Reporting System (PCRS) (without any identifying information and in accordance with HIPAA) that include EMS provider impression, level of care provided (ALS versus BLS), and patient outcomes (if available) • Number of patient refusals and treat and release percentages • Any other electronic records as may be useful for this project ■ Computer-aided dispatch (CAD) incident records (3-5 years prior to current year) relevant to CFO from the North County Dispatch JPA ■ IJocal Geographic Information Systems (GIS) data on the overall service area of CFO; response zones for each station; city and town boundaries, street, roadway, transportation network, and other applicable shapefiles and other relevant GIS data ■ Any other documents and records necessary for successful project completion Section Two-Evaluation of Current Conditions Task 2A: Stakeholder Input & Field Work The Triton project team will interview key stakeholders associated with this study. Interviews may be conducted in-person as well as using online technology. From these interviews, Triton 2 ,' i will obtain additional perspective on operational, economic, and policy issues confronting CFO. Information will be gathered from key personnel including: ■ Fire Chief and CFO Executive Team ■ Representative(s) of Carlsbad Firefighters' Association, Inc., Local 3730 ■ Random selection of paramedic firefighters and company officers (confidential on-line survey) ■ San Diego County EMS Medical Director ■ Representative(s) of San Diego County EMS ■ Representative(s) of the North County Dispatch JPA ■ Any other individuals or organizations necessary for the completion of this study Task 28: CFO Organizational Overview An overview of CFO will be developed evaluating: ■ Responsibilities and lines of authority ■ History, formation, and general description of the fire agency today ■ Chain of command and EMS system elements within it ■ Organizational structure and EMS system elements within it ■ Current description of EMS and fire suppression infrastructure ■ Other components of CFO Task 2C: CFO EMS System Overview Triton will review each of the relevant elements and organizations that comprise the EMS delivery system and support programs in Carlsbad, to include but be not limited to: ■ EMS transport agencies operating and providing 911 ambulance service in Carlsbad ■ Public Safety Answering Point (PSAP), 911, and dispatch services ■ Hospitals and tertiary facilities and on line medical control ■ County-level EMS administration and medical direction ■ Local air medical scene response service (rotor-wing) ■ Any other relevant programs, services, and organizations Task 2D: CFO Staffing & Personnel Triton will review CFO staffing levels and its relevance to EMS delivery. Areas to be considered include, but not limited to: ■ Review and evaluate EMS administration and support staffing levels ■ Review and evaluate operational staffing levels ■ Review staff allocation to various functions and divisions ■ Review staff scheduling methodology ■ Review firefighter/EMS staff distribution Task 2E: Budget & Finance Triton will evaluate current costs of service and likely implementation cost for improvements provided. Budget modeling permits analysis of staffing schemes, facility/vehicle redeployment, service efficiency, and program cost. This allows for measurement of the effect of any proposed system change. Triton will also determine the public cost of EMS service as a separate and 3 distinct function from fire protection and related services. This will also identify where these services overlap, representing either cost-efficiencies (using the same resources for multiple purposes efficiently) or opportunity costs (use of a resource to the exclusion of other intended uses). Included in this task is the analysis of: ■ Overall operating budget, funding, fees, taxation, and financial resources ■ EMS operating budget as a subset of the CFO budget, including funding, fees, taxation, and other financial resources ■ Calculation of a public cost for any conceptual model identified, and the comparison of that cost with baseline estimates and various industry benchmarks ■ Estimate of the impact of growth and resource needs ( equipment, facilities, and personal services) ■ CFO payer mix ■ A detailed staffing cost estimate that quantifies staffing increases ■ Determination of potential impacts to wages, hours, and working conditions for any conceptual models ■ Recognition of areas with possible short-and long-term savings or costs Task 2F: Capital Facilities & Apparatus This task will entail a review of current major capital assets. The evaluation will include: Facilities-Tour and make observations in areas critical of current station location and future station considerations. This will entail a cursory review of each facility and not a detailed, comprehensive engineering analysis. Items to be contained in the report include: ■ Design ■ Construction • ■ Safety • Future viability Staff facilities Efficiency ApparatusNehicles-Review and make recommendations regarding inventory of apparatus and equipment. Items to be reviewed include: ■ Age, condition, and serviceability ■ Distribution and deployment Task 2G: EMS Service Delivery & Performance To the extent data is available, Triton will review and observe areas affecting service levels and operational performance. These will include, but not necessarily be limited to: ■ EMS Service Demand • Analysis and Geographical Information Systems (GIS) display of current service demand by incident type • Analysis and GIS display of current service demand by temporal variation • GIS display of historical incident density locations • Projected demand due to growth ■ EMS Resource Distribution • Overview of current facility deployment strategy, analyzed through GIS software as appropriate, with identification of service gaps and redundancies. • Overview of current apparatus deployment strategy, analyzed through GIS software as appropriate, with identification of service gaps and redundancies 4 . ■ Response Reliability • Analysis of current workload, including unit hour utilization (UHU) of individual companies (to the extent data is complete) • Analysis of call concurrency and impact on EMS system effectiveness ■ Response Performance Analysis • Analysis of actual system turnout-time performance analyzed by individual components (to the extent data is available) • Analysis of other components in the response time continuum, including call- processing times ■ Analysis of patient care records, to include treat and release percentages and ratios of Basic Life Support (BLS) versus Advanced Life Support (ALS) cases Task 2H: EMS Continuous Quality Improvement Triton will review the various components and processes utilized by CFO for its EMS CQI program. Task 21: Other Observations During this study, Triton may identify other issues related to EMS optimization and may make additional recommendations accordingly. Section Three-Development, Review & Delivery of Final Reports Task 3A: Development & Review of Draft Reports Triton will develop and produce an electronic version of the draft written reports for technical review by CFO representatives. This feedback is a very important aspect of this project, and Triton will provide adequate opportunities for review and discussion of the draft report prior to finalization. The report will include: ■ Clearly designated recommendations ■ Detailed narrative analysis of each report element clearly written and presented in sections with explanatory support to ensure an understanding by all readers ■ Supportive charts, graphs, GIS maps and analyses, and diagrams, where appropriate Task 38: Publication of Final Reports Following a final technical review and approval by CFO, Triton will provide a printed copy and an electronic version of each report. City will receive and own data in Excel format with all detail and formulas. Task 3C: Presentation of Final Reports Triton will conduct a final presentation of the reports to CFO and any other individuals or groups as requested. Final payment will include one presentation to the Carlsbad City Council. 5 .... ----. DATE (MM/DD/YYYY) A.C::C::,Rll CERTIFICATE OF LIABILITY INSURANCE ~-10/29/2021 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 SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights-to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT USI INSURANCE SERVICES LLC/PHS M4U1"• 41715154 PHONE (866) 467-8730 I FAX (877) 905-2772 (A/C, No, Ext): (A/C,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Atain Speciality Insurance Company 17159 AP TRITON CONSUL TING LLC INSURERB: 1851 HERITAGE LN STE 138 SACRAMENTO CA 95815-4996 INSURERC: 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 PERIOII 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 SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS ITI> ,.,.,., un,n /UlllnD/YYYYl 11111,DD/Y YYYI J .x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,00J □CLAIMS-MADE 0occuR DAMAGE TO RENTED $100,00J CD"'""'"" (Ea ___ ,, _____ , MED EXP (Any one person) $5,00J A X CIP422266 03/27/2021 03/27/2022 PERSONAL & ADV INJURY $1,000,00J GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,00J / Fl POLICY □ PRO-□LOG PRODUCTS -COMP/OP AGG $2,000,00J JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT >--(Ea oerirlont\ ANY AUTO BODILY INJURY (Per person) >--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) >--HIRED -NON-OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) >--- UMBRELLA LIAB H OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS- MADE AGGREGATE DEDI I RETENTION $ WORKERS COMPENSATION IPER I l~!H• AND EMPLOYERS" LIABILITY STATUTE ANY Y/N E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE C N/A OFFICER/MEMBER EXCLUDED?_, E.L. DISEASE -EA EMPLOYEE (Mandatory In NH) If yes, describe under E.L. DISEASE • POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Those usual to the lnsured's Operations. City of Carlsbad is listed as Additional Insured per form CG 2026. Coverage is primary and noncontributory. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 2560 ORION WAY BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED CARLSBAD CA 92010-7240 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6 ~ £ ,Ce74~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks qf ACORD POLICY NUMBER: CIP422266. ,./ COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsemerit modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF CARLSBAD 2560 ORION WAY CARLSBAD, CA 92010 Information required to complete this Sct,edule, if not shown above, will be shown in the Declarations. A. 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 omis- sions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing opera- tions; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion Ill -Lim its Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 Copy rig ht, Insurance Services Office, Inc., 2012 Page 1 of 1