Loading...
HomeMy WebLinkAboutWittman Enterprises LLC; 2022-04-07;DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 Attachment A AGREEMENT FOR AMBULANCE BILLING AND COLLECTION SERVICES WITTMAN ENTERPRISES, LLC 7 +v-----' THIS AGF3, EMENT is made and entered into as of the --~---day of ----~--' _.__ ___ , 2022, by and between the CITY OF CARLSBAD, a municipal corporation, (" ity"), and Wittman Enterprises, LLC, a Limited Liability Company, ("Contractor"). RECITALS A. City requires the professional services of a billing and collection Contractor that is experienced in the preparation of invoices for emergency ambulance transports being sent to private insurance companies, government agencies and patients; delinquent claim handling: receipts processing; monthly reporting; and other duties as defined under the Scope of Work. B. Contractor has the necessary experience in providing professional services and advice related to emergency ambulance transport billing and collection. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of five (5) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) 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 in itial Agreement term will be 4.5% of net collections for transports, not to exceed two hundred thousand dollars ($200,000) per agreement year. 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 two hundred thousand dollars ($200,000) 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 6/12/18 April 5, 2022 Item #6 Page 5 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 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 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 City Attorney Approved Version 6/12/18 April 5, 2022 2 Item #6 Page 6 of 15 OocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 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 min imum 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 li mits 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 projecUlocation or the general 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 City). $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 by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000 ,000 per claim . Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions . Contractor will ensure that the policies of insurance required under th is Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability wh ich shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the requ ired coverages. Contractor is responsible for any payments made by City to obtain or ma intain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 April 5, 2022 3 Item #6 Page 7 of 15 DocuSign Envelope ID: 1 ADBBF BC-4C69--46E7-88C0-77823C98AF 18 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 For Contractor Name Cheryl Gerhardt Name Corinne Wittman-Wong Title Finance Manager Title CEO --------------- Department Finance ----------Address 11093 Sun Center Drive. City of Carlsbad Rancho Cordova, CA Address 1635 Faraday Ave. Phone No. 916-669-4608 Carlsbad, CA 92008 Email cwittmanwong@webillems.com Phone No. 442-339-2468 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No ■ City Attorney Approved Version 6/12/18 April 5, 2022 4 Item #6 Page 8 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing . A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 6/12/18 April 5, 2022 5 Item #6 Page 9 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul th is 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 resu lt of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill City Attorney Approved Version 6/12/1 8 April 5, 2022 6 Item #6 Page 10 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 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 By: (sign here) Corinne Wittman-Wong, CEO (print name/title) By: (sign here) Walter Imboden, PresidenUCFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California May r ATTEST: FAVIOLA MEDINA City Clerk Services Manager 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 : __ ....._U-'--'~.__-t.-"--~"----~_,:c_----'-'-11\, __ Assistant City Attorney April 5, 2022 City Attorney Approved Version 6/1 2/18 7 Item #6 Page 11 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 EXHIBIT "A" SCOPE OF SERVICES The city currently uses World Advancement of Technology for Emergency Medical Services (EMS) and Rescue (W.A.T.E.R)(www.wateronscene.com) software system for data collection . The city is currently reviewing proposals for a new electronic patient care records (ePCR) system. It will be the responsibility of the CONTRACTOR to modify its billing system to capture the necessary data generated from W.A.T.E.R. or the new ePCR system, if implemented. The CONTRACTOR will receive and interpret accurately the patient charges in accordance with the city policies regarding charges and ePCRs via a secure website. The CONTRACTOR will obtain the appropriate software to provide a compatible interface with the City of Carlsbad ePCR system and for entering this data into the CONTRACTOR'S system. The CONTRACTOR will review each ePCR generated by the City of Carlsbad for content to accomplish the following: (a) Check for discrepancies to ensure the number of ePCRs received match the number of transports, against medical advice (AMAs), releases and transported by other units (e.g., BLS downgrade, or Zone Move- up/Boundary Drop). (b) Insure that the appropriate fee schedule has been selected and the documentation to support the fees is present. (c) Assign the appropriate billing code based on the documentation treatment and chief complaint of the patient. (d) Review reports that require any other ancillary charges required by the city. All ePCRs are sent to the billing company. This includes AMA's or "dry runs." This population is included in the Fire Department Customer Survey. Additionally, the total number of patient encounters is recorded each month. It is further stratified by ALS/BLS/AMA/Treat & Release. The CONTRACTOR will interface with the San Diego Health Connect (HIE) aka "hub" to obtain demographic/billing/and outcome data as it is available. CONTRACTOR will sort ePCR's in numerical/date order as well as sort all the "paperwork" in a systematic order for billing organization and future accessibility. CONTRACTOR will provide a link to the City of Carlsbad Customer Satisfaction Survey on every patient invoice in the manner prescribed by the Fire Department. In addition , the CONTRACTOR will mail a set number of paper surveys every month . The survey contents may be modified at any time during the contract at the discretion of the Fire Department staff. CONTRACTOR will mail the City of Carlsbad HIPAA Notice of Patient Privacy Practices to every patient. To the extent possible, the CONTRACTOR will provide electronic claims processing and filings to all insurance carriers. The first invoice will be dated no later than (2) business days after the ePCR is sent to the CONTRACTOR via the secured website. The second City Attorney Approved Version 6/12/18 Ap ril 5, 2022 8 Item #6 Page 12 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 notice will be sent to the patient or responsible party thirty (30) days after the second notice has been mailed to the patient's insurance carrier. CONTRACTOR will obtain "Assignment Authorization" also called "Lifetime Signature" which allows CMS to pay the provider directly. Once the ePCRs are received by the CONTRACTOR, all customer contact, including notices, mailing , bankruptcy filings, and miscellaneous requests and inquiries, will be the sole responsibility of the CONTRACTOR. This includes: filing insurance claims for accounts in collections, reviewing account status with collections contractor and the city as required or requested, reviewing and handling phone calls for patients with accounts placed in collections, and posting and forwarding payments received for patients with accounts placed in collections. CONTRACTOR will provide all monthly finance , billing, receivable and aging reports including: Collection profiles for each month dating back to the beginning of the contract, status of all accounts by payer-mix for the current month and total in the system, aging report by payer-mix, detail for current month reports , transport log, monthly write-offs (detailed as contractual and bad debt), refund reports including refunds pending, detail of monthly receipts, and any additional reports that the city may need formatted to fit the specified requirements. CONTRACTOR'S method of obtaining billing information shall not impose additional reporting requirements upon the Carlsbad Fire Department personnel. Contractor will use current reporting methods (ambulance run reports and drugs and supply summary sheets) or another method acceptable to the City of Carlsbad EMS Manager. CONTRACTOR will bill patient within two (2) working days of receiving account with complete and correct demographic and incident information. Initial invoices will be mailed out within two (2) working days of receipt of fully completed and accurate paramedic run reports. At least three (3) additional notices will be mailed on unpaid accounts on a schedule to be determined prior to award of contract. CONTRACTOR will bill patient's insurance companies and handle all third party claims, inquiries and generate Medicare and Medi-Cal claims. The ability to electronically generate billings to CMS is required. CONTRACTOR will provide analysis of collection rates (defined as billing minus contractual write-offs) and percentage of accounts released to a third party collection agency for the period of July 1, 2022 to June 30, 2023 and each fiscal year after that. CONTRACTOR guarantees the confidentiality, security and safety of all files , documents, computer files, etc. . City Attorney Approved Version 6/12/18 April 5, 2022 9 Item #6 Page 13 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 CONTRACTOR will meet federal/state guidelines for CMS programs and will conform in all respects to all federal, state and local laws, ordinances and regulations, including all HIPAA requirements regarding protected health information (PHI). CONTRACTOR is the custodian of billing records. Subpoenas for billing records will be directed to the CONTRACTOR, not the city. CONTRACTOR will, as custodian of records, respond to records requests and provide a HIPAA compliant method for the transmission of records to patients, their legal representatives or legal subpoena requests. The patient invoice must contain a message stating "All checks must be made payable to the City of Carlsbad." CONTRACTOR will provide all invoices and related forms with remittance advice. All envelopes must indicate Address Correction Requested. CONTRACTOR will provide postage for the mailing of all correspondence for the billing operation. The city will provide the CONTRACTOR the customer survey instruments and the HIPAA Notice of Patient Privacy brochure. CONTRACTOR will individualize collection demand notices in a form and method to be acceptable to the City of Carlsbad Finance Director. After an account's complete bill schedule has been run, and the account has aged to 90 days beyond the date of the first mailed invoice, cash accounts are to be referred to the city's approved collection agency for either write-off or for further action by the collection agency. CONTRACTOR will agree to employ courteous business procedures as to maintain the city's goodwill. CONTRACTOR, when turning over a complaint regarding fees or services to the city, will turn over billing notes and history of the claim to date when sending the complaint to the EMS Manager. CONTRACTOR'S Customer Service Representatives will be available at a minimum 8:00 AM -4:30 PM , Pacific Time, Monday through Friday, excluding major holidays via a toll- free telephone number. Spanish speaking representatives will be available to assist the city's Spanish-speaking population. CONTRACTOR will meet periodically with the City of Carlsbad staff at staffs request to discuss all services and to provide initial training, as well as follow up training. The CONTRACTOR will provide ongoing training as the City of Carlsbad deems necessary due to industry regulation changes, trends noted, changes in Medicare and Medi-Cal rates, product software changes, etc. City Attorney Approved Version 6/12/18 April 5, 2022 10 Item #6 Page 14 of 15 DocuSign Envelope ID: 1ADBBFBC-4C69-46E7-88C0-77823C98AF18 CONTRACTOR will meet periodically at city staff's request to help city staff determine and analyze the city's fee structure. CONTRACTOR will respond to information requests as part of an ambulance fee and first-responder fee feasibility study. CONTRACTOR will maintain accurate records of all correspondence, documents, accounting records, transactions and other relative evidence. All records will be made available to the City of Carlsbad for review upon request. CONTRACTOR will comply with all federal and state requirements with regards to record retention. CONTRACTOR will work with all government programs to seek re imbursement. CONTRACTOR will provide response for data fields within the CMS Medicare Ground Ambulance Data Collection System that can be extracted from ePCR and billing records. CONTRACTOR will maintain a HIPAA Business Associate Agreement with the city and be both knowledgeable and compliant in both the HIPAA Privacy and Final Security Rules. Any settlement of principal or charges must be agreed upon in writing between the Contractor and the Designated City Representative prior to acceptance. CONTRACTOR will have designated one high-level contact person to communicate with the Fire Department. This individual will then communicate internally with CONTRACTOR'S staff conveying the needs and expectations of the city to avoid the city having to communicate with multiple people. CONTRACTOR will have its high-level administrative staff review any contract or agreement that the city needs to take action on prior to sending it to the city for action. The CONTRACTOR will be aware of what fields the city is exempt from as a governmental agency. City Attorney Approved Version 6/12/18 April 5, 2022 11 Item #6 Page 15 of 15 WITTENT-01 VZ11"'A,...,......,A CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/OD/YYYY) 7/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE A FFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditio ns of the policy, certain policies may require an endorsement. A statement on this certificate d oes not confer rlahts to the certificate holder In lieu of such end orsement(sl. PRODUCER ~s~~1a"'vAec-_c_T ______________ ,..,,.,,.,.,.-------------1 Western Elite Insurance Solutions F..tJ8,Ntro, Ext): (888) 524-0798 [ rt~. Nol:(866) 206-8646 140 Diamond Creek Place, Suite 170 Rosev ille, CA 95747 ~t1l~~ .. s-certificates@w esterneliteins.com INSURED Wittman Enterprises LLC PO Box 269110 Sacramento, CA 95826 COVERAGES CERTIFICATE NUMBER· INSURERISI AFFORDING COVERAGE INSURER A: Continental Casualtv Com oanv INSURER e : National Fire Insurance Com nanv of Hartford INSURER c: Emolovers Preferred Insurance Comoanv INSURER D: AXIS Surolus Insurance C omnanv INSURER E: INSURER F: REVISION NUMBER· NAIC# THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Vl/1TH 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 ,~\>Pl-~.l/.ljlf POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 .__ ~ CLAIMS-MADE 0 OCCUR X B6020067350 7/1/2021 7/1/2022 ~~t;1.1~U9.,~~~2e~b, s 1,000,000 MED EXP IAnv one •-on\ $ 10,000 .__ PERSONAL & ADV INJURY $ 2,000,000 t--4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY □ ms>r □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000 OTHER: EPLI FIDUCIARY s 10,000 B AUTOMOBILE LIABILITY ~~~~!_,~~~.~INGLE LIMIT $ 1,000,000 -X ANY AUTO BUA6020067395 7/1/2021 7/1/2022 BODIL y INJURY IPer =son' $ -Oll'YNED -SCHEDULED -AUTOS ONLY .__ AUTOS BODILY INJURY IPer accident' $ -~L~soNLY t--~aras~'E~ Fte7~~~t~AMAGE $ $ A X UMBRELLA UAB ~OCCUR EACH OCCURRENCE $ 2,000,000 -B6020067431 7/1/2021 7/1/2022 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$ 10,000 $ C WORKERS COMPENSATION XI ~~~T<ITC T I 2JH-AND EMPLOYERS' LIABILITY YI N EIG453316401 7/1/2021 ANY PROPRIETOR/PARTNER/EXECUTIVE □ 7/1/2022 E.L. EACH ACCIDENT $ 1,000,000 ~FICE~,M~'Ffi EXCLUDED? NIA 1,000,000 anda ory n ) E.L. DISEASE -EA EMPLOYE• $ ~~;';,;~f~~ ~tOPERA TIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Cyber Llablllty P001000042711 03 11/7/2020 11/7/2021 Aggregate 2,000,000 A Prof Liability/Crime B6020067350 7/1/2021 7/1/2022 Agg/Occ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Carlsbad will be named as Additional Insured with respects to General Liability per attached endorsement form number 5B146932G. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED lN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad , CA 92008 AUTHORIZED REPRESENTATIVE (J,,,to~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of A CORD = = -El -~ ;;;;;;;;;;;; -iiiiii iiii -= C'NA SB146932G (Ed. 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: I. I. II. BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS Blanket Additional Insured Provisions A. Additional Insured -Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary -Noncontributory provision 1.b. Definition of "written contract" 2. Additional Insured -Extended Coverage Liability Extension Coverages A. Bodily Injury -Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liability -Damage to Premises F. Personal and Advertising Injury -Discrimination or Humiliation G. Personal and Advertising Injury -Broadened Eviction H. Waiver of Subrogation -Blanket BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED -BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; C. d. e. f. g. Any physical or chemical change in the product made intentionally by the vendor; Repackaging , except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of7 Copyright, CNA All Rights Reserved. SB146932G (Ed . 10-19) h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a ''written contract." 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury," "property damage" or "personal and advertising injury" as co- owner of such premises. c. Granter of Franchise Any person or organization that has granted a franchise to you , but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as granter of a franchise to you. SB146932G (10-19) Page 2 of 7 Copyright, CNA All Rights Reserved. ~ -....... -- d. Lessor of Equipment S8146932G (Ed. 10-19) Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard ." With respect to this provision's requirement that additional insured status must be requested under a "written contract," we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G (10-19) Page 3 of 7 Copyright, CNA All Rights Reserved. i. Trade Show Event Lessor SB146932G (Ed. 10-19) With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" caused by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard ." But this provision (2) does not apply to such "bodily injury" or "property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury" or "property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A. and B. above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added: 'Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to: (a) The "bodily injury" or "property damage;" or (b) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; SB146932G (10-19) Page 4 of 7 Copyright, CNA All Rights Reserved. -= b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; SB146932G (Ed. 10-19) d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a. through d. above; (2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily injury -Expanded Definition Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. 8. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. SB146932G (10-19) Page 5 of 7 Copyright, CNA All Rights Reserved. D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following: SB146932G (Ed . 10-19) The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability-Damage To Premises 1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration 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 any real property on which you or any contractors or subcontractors working directly or indirectly in 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. 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 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D - Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. S8146932G (10-19) Page 6 of 7 Copyright, CNA All Rights Reserved. = ;;;;;;;;;;;; iii -= SB146932G (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising Injury -Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16) Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury -Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury -Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from , wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. H. Waiver of Subrogation -Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB 146932G (10-19) Page 7 of7 Copyright, CNA All Rights Reserved.