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HomeMy WebLinkAboutWSP Corporate Benefits & Insurance Services Inc; 2023-11-15;City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR BENEFIT BROKER/CONSULTING SERVICES WSP CORPORATE BENEFITS & INSURANCE SERVICES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and WSP Corporate Benefits & Insurance Services, Inc., an S-Corporation, ("Contractor"). RECITALS A. City requires the professional services of a broker/benefits consultant that is experienced in all of the necessary professional services for the on-going review and maintenance of the City’s benefit programs. B. Contractor has the necessary experience in providing professional services and advice related to employee benefits. 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be in an amount not to exceed forty-five thousand dollars ($45,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 23 15th November City Attorney Approved Version 4/24/2023 2 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 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. DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 City Attorney Approved Version 4/24/2023 3 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (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 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 this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 City Attorney Approved Version 4/24/2023 4 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 Sandra Smith Sandra.smith@carlsbadca.gov Name Scott Pieratt Title Human Resources Analyst Title President/CEO Department Human Resources Address 5650 El Camino Real #207 City of Carlsbad Carlsbad CA 92008 Address 1635 Faraday Ave Phone No. 760-931-0550 x13 Carlsbad CA 92008 Email scott@wspinsurance.net Phone No. 442-339-2535 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 as required in the City of Carlsbad Conflict of Interest Code. Yes No DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 □ ■ City Attorney Approved Version 4/24/2023 5 If yes, list the contact information below for all individuals required to file: Name Email Phone Number 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering 30 days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 City Attorney Approved Version 4/24/2023 6 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 employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND 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. DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 City Attorney Approved Version 4/24/2023 7 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Judy von Kalinowski, Human Resource Director Scott Pieratt President/CEO scott@wspinsurance.net (print name/title) ATTEST: By: (sign here) SHERRY FREISINGER Deborah Pieratt CFO debbie@wspinsurance.net City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 City Attorney Approved Version 4/24/2023 8 EXHIBIT “A” SCOPE OF SERVICES 1. Assist in developing long-range employee benefit goals and strategies for the City of Carlsbad. Strategic Planning/Annual Objective setting/Annual Work Plan. Pre-renewal meeting (strategy, market update, compliance, etc.) 2. Assist in administering group insurance plans, settling disputes and other issues with carriers, analyzing the efficiency of programs and offering cost effective, creative solutions to problems. 3. Monitoring ongoing contracts, including plan administration, provider compliance with contracts and employee communication/education. 4. Utilization review and trend analysis. 5. Financial reporting. 6. Provide legislative and regulatory updates and review Summary Plan and Evidence of Coverage documents to ensure the provisions the City applied and contracted for are correctly included and that compliance disclosures have been incorporated into the documents. Create and review plan documents as needed. 7. Compliance assistance with legal requirements, advising our staff of anticipated legislative changes and providing recommended solutions. 8. Act as broker/consultant on related issues such as IRS Section 125 and related discrimination testing, COBRA, Health Insurance Portability and Accountability Act (HIPAA), Medicare, Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Americans with Disabilities Act (ADA). Healthcare reform compliance & consulting. 9. Review and analyze claims experience data, claims service, efficiency and accuracy of claims administration to ensure highest levels of service are being provided. Provide an annual review and summary of benefits including quality, cost effectiveness and competitiveness. 10. Apprise the City of local and national benefit trends, innovative ideas, recommend new products, programs and services. 11. Meet with city representatives to provide reports and updates of renewal rates to assist with budgeting and forecasting. 12. Represent the city in negotiations with providers, including those related to premiums, service, benefit levels, plan design and terms and conditions. Negotiate changes and additions to contracts and ensure amendments are completed. 13. Solicit bids from insurance markets which specialize in group insurance plans. Evaluate bids and bidders. Consider claims procedures, abilities, experience, service history, financial policies and stability. Identify the most beneficial services for the needs of the city. 14. Identify, recommend & procure voluntary benefit plans/new benefits. 15. Create and implement communication campaigns for active and retired employees, including materials for open enrollment and health fairs. Attend benefit related events such and open enrollment meetings and health fairs, providing coordination and support as needed. All communication materials developed for the City of Carlsbad will become the property of the City or Carlsbad. DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 City Attorney Approved Version 4/24/2023 9 16. Provide sample policies in the area of Integrated Disability Management and/or a Return to Work Program. Support implementation of such policies and practices. 17. Meet with employee associations, city management, City Council or other entities as necessary. 18. Assist with development and delivery of benefit training/workshops/focus groups for employees. 19. Assist with wellness needs of the City. 20. Conduct Public Agency benchmarking for the purpose of identifying competitive, comparable, and best practices related to benefits within the public sector. Fees Annual Fee for services listed above $30,000 Invoices Invoices will be emailed to jessica.van@carlsbadca.gov quarterly. DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 ~ TRAVELERSJ • I ONE TOWER SQUARE HARTFORD CT 06183 I WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE V INFORMATION PAGE WC 00 00 01 ( A) POLICY NUMBER: UB-5J620327-23-42-G RENEWAL OF (UB-5J620327-22-42-G) INSURER: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA A Stock Company 1. INSURED: PRODUCER: NCCI CO CODE: 13579 WSP CORPORATE BENEFITS AND INSURANCE SERVICES, INC. 5650 EL CAMINO REAL HUB INTL INS SERVICES 1525 FARADAY AVE STE 200 CARLSBAD, CA 92008 STE 207 CARLSBAD, CA 92008 Insured is A CORPORATION Other work places and identification numbers are shown in the schedule(s) attached. 2. The p~licy period is from 10-01-23 to 10-01-24 12:01 A.M. at the insured's mailing address. 3. A. \/1,(ORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state(s) listed here: CA B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident: $ 1, o o o, O O O Each Accident Bodily Injury by Disease: $ 1, ooo, ooo Policy Limit Bodily Injury by Disease: $ 1, 0 0 o, o o o Each Employee C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: AL AR AZ CO CT DC DE FL GA HI IA ID. IL IN KS KY LA MA MD ME MI MN Mb MS MT NC NE NH NJ NM NV NY OK OR PA RI SC SD TN TX UT VA VT WI WV D. This policy includes these endorsements and schedules: SEE LISTING OF ENDORSEMENTS -EXTENSION OF INFO PAGE 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All required information is subject to verification and change by audit to be made ANNUALLY DATE OF ISSUE: 08-17-23 SD OFFICE: ELMIRA NY SRV CTR 7 0 0 PRODUCER: HUB INTL INS SERVICES XV777 DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 ~ TRAVELERS] • ONE TOWER SQUARE HARTFORD CT 06183 I WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE V INFORMATION PAGE WC 00 00 01 ( A) POLICY NUMBER: UB-5J620327-23-42-G CLASSIFICATION SCHEDULE: RATES CLASSIFICATIONS CODE NO PREMIUM BASIS ESTIMATED TOTAL ANNUAL REMUNERATION PER $100 OF REMUNERATION SEE EXTENSION OF INFORMATION PAGE -SCHEDULE(S) SIC-CODE: 8742 NAICS: 541611 TOTAL ESTIMATED ANNUAL STANDARD PREMIUM $ PREMIUM DISCOUNT 0900-04 EXPENSE CONSTANT TERRORISM TOTAL ESTIMATED PREMIUM TAXES AND SURCHARGES DEPOSIT AMOUNT DUE Minimum Premium: $ 500 DATE OF ISSUE: 08-17-23 SD ' OFFICE: ELMIRA NY SRV CTR 700 STANDARD 697 . NONE 160 NONE 857 51 908 ESTIMATED ANNUAL PREMIUM PRODUCER: HUB INTL INS SERVICES XV777 COUNTERSIGNED-AGENT DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 ..... TRAVELERS J • ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY EXTENSION OF INFO PAGE-SCHEDULE WC 00 00 01 ( A) POLICY NUMBER: UB-5J620327-23-42-G INSURER: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 086 006 INSURED'S NAME :WSP CORPORATE BENEFITS AND 13579-CA PREMIUM BASIS ESTIMATED RATES ESTIMATED " TOTAL ANNUAL PER $100 OF ANNUAL CLASSIFICATION . CODE REMUNERATION REMUNERATION PREMIUM LOCATION 001 FEIN 203256298 ENTITY CD 001 00 WSP CORPORATE BENEFITS AND INSURANCE SERVICES, INC. 5650 EL CAMINO REAL STE 207 CARLSBAD, CA 92008 NAICS: 541611 SALESPERSONS -OUTSIDE 8742 IF ANY 0.429 0 CLERICAL OFFICE EMPLOYEES NOC 8810 224000.00 0 . 311 697 DATE OF ISSUE: 08-17-23 SD SCHEDULE NO: 1 OF 2 DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 G) Gallagher P.Jfinii.y _, i L NOTICE: This in'surance provides professional liability (E&O) insural]_ce coverage and contains ql_aims-made and r:eported coverage. Except as may be otherWise provided herein, the coverage provided by the Policy is limited to claims that are first macle against tl)e Insured and • reported to the Cbrripariy While the insurance is in force or applicable Extended Reporting Period. Defense costs are provided with\n the limits of liability. Please read and review the insurance carefully and discuss the coverage wilh your agent. Please note that this certificc1te of insurance is a ·summary ofcoverage ancl the certificate does pot 9mend, extend, or alterthe coverage afforded by the'insurance policy, and coverage is subject to all of the terms, conditions and exclusibns of the policy. In the instance of any conflict. the insurance language contained in the policy will prevail and control. NAMED INSURED: WILLIAM S PIER_ATT 56SO E~ CAMINO REAL SUTE 207 CARLSBAD, CA 92008 COMPANY AFFORDING COVERAGE: BCS Insurance Co . PRODUCER: Jason Rogers CA License#: OK64122 GALLAGHER AFFINITY 8430 ENTERPRISE CIRCLE, STE 20Q LAKEWbOD RANCH, FL 34202 . COVE~GE: THI~ !S TO CERTIFY THAT THE IN.SURED LISTED A!30VE' IS COV~RED t.iNQER THE POLICY OF INSURANCE LISTEQ BELOW, FOR THE CERTIFICATE-Pl;RIOD INDICATED. THE IN$0RANCE AFFORDED BY THE POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS.AND CONDITIONS OF SUCH POLlCY. Polley Numb~r Certificate Period Limits of liability: Each t'laim Limits of Liability; Aggregate AE029387 PBL01i,2923 I os,0112024 s1.ooo.ooo $2,000,000 S!We Cross Blue Shield polfoles· -All other CO\f~r'ed clc:1jms • NOTICE OF CLAIMS: Attn: scs·Insurance Co, Claims Department 2 Mid America Plaza, Suite 200 Oakbrook Terrace, IL, 60181-4712 •or via. email: BCSclaims@bcsf.com Named ,,,;ured's Endorsements attached at Certificate lnqeptiijn: DA TE5: 05/Q5tWJ_3 $1,000 $2;5ff0 SPECIAL PROVJSIONS: BY Authorized Representative Tliis poilcy provid!!S:£<Werage-for servii,_es rendered as 'l ijcen,sed Life;,, Accident and Health Insurance Jlgel)I, General Agent, or. Broker; or as a registered ,representative In the sale and sehticing of mutual funds through a NASO-registered broker/dealer organization, Coverage under-this !iollcy is in force only if the insured agent-is actually appointed with the sponsoring_ i:0111pany as-of the coverage effective date. If the Insured agent's contract tenninate.s with th_e sponsoring ~ompany, c;overage ceases immediately for any hew business, In !he. case"a business name appears <in this certificate, coverage is ~xi ended. from 1h_e insured agent to the business named, but only-for th1fcovered acts of the insured a.gent, Please contact Gallagher Affinity fordelails of the E.R.P. Forfuli policy details, visitwww.bcs--eo.com DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 ..----, ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYJ ~ 10/23/2023 -THIS CERTiFICA1E IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONF~RS No RIGHTS UPON THE CERTIFICATE HO_LDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TlilS CE,RTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED . REPRESENT A TJVE OR PRODUCER, AND THE CERTIFICATE HOLDER. -IMPORTANT: If t~t! certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or b~_ endprsed. If SUBROGATI_ON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate ct9es not confer ri_ghts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT" NAME: BIBERK rtgNN~ i:vH-844-472--0%7 I rta Nol:. 203-654-3613 P.O. Box 113247 E-MAIL custometservice@biBERK.com S:tamford, CT 06911 ADDRESS: INSURERISl AFFORDING COVERAGE NAIC# INSURER A : Ber1<shire Hathaway Dlre'ct Insurance Company 10391 INSURE□· INSURER 8: WSP Corpora!~ Benefits And Insurance Services INSURER 0 : WSP Corporate Benefits & Insurance 5650 El Camino Real Ste 207 INSURER □: Carlsbad, CA 92008-7128 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:. REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING 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 I& SUBJECT TO .ALL THE TERMS, EXCLUSION~ AND:coNDITJONS OF SUCH POLICIES. LIMJTS .. S\-19)1)/N MAY HAVE BEEN REDU9ED_-B~Y-.-P .. A.,_ID,,C,.,LA"""IM'"S,-• .----~-~--· --,----------; 1rt~ TYPEOFINSU,RANCE ~~i~F.~~ POLICY NUMBER ,~ggg~r-,~hliYvv¾ LIMITS A X COMMERCIAL GENERAL LiABILITY =~ CLAIMS-MADE ~ OCCUR -------------- ------'--------~ .GEN'L AGGREGATE LIMIT APPLIES PER: 7 •po~IC~ □ ~~ □ LOO "xloTHER: AUTOMOBILE LIABILITY - -- ANY AUTO ,-OWNED AUTOS ONLY HIRED . _ AUTOSONLY SCHEDULED r--• ~gm~WNED ,__ .. AUTOS ONLY 1--UMBRELLA.LIAS H OCCUR EXCESS LIAS CLAIMS-MADE OED I I RETENTiON s WORKERS COMP_ENSA;TJON AND Bl!PLOY!:RS' LIABILITY ~c~~~'J~~tti/I~~~Ecur1vE (Mandatory i_Q NH) If yes, describe under , DESCRIPTION OF OPERATIONS below Y/-N □ NIA Professional Liability (Errors & Omissions): Claims-Made N9!3P907756 03/24/2023 03/24/2024 EACH OCCURRENCE.· $ DAMAGE TO RENTtsU. PREMISES fEa occurrenc_~\ $ MEO EXP. (Any one peison) s PERSONAL & ADV INJURY s GENERAL AGGREGATE $· _.f'ROD.UCT_S • COMP/OP AGG s s BODILY-INJURY (Per f>Orson) S BODILY INJU~Y (Per accident) S PROPERTY DAMAGE {Per accidenl\ EACH OCC-URRENCE AGGREGATE I ~~TlffE I IOTH• ER s s E.L EACH ACCIDENT S· 1,000,000 50,000 5,000 Inclu_ded 2,000,000 2,000,000 E,L DISEASE-·EAEMPLOYEE ~ r------~---~-------EL, DISEASE-POLICY LIMIT S Per Occurrence/ Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES {ACORD 101, Addttlonal RemarKs Schedule, may be attached if more ~pace is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Human Resources ACCORDANCE WITH THE PciLicy PROVl"SIONS. 1635 Faraday Ave AUTHORIZED REPRESENTATIVE tW--Carlsbad, CA 92008 --.. 6,J-it>--- I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (20~ 6/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 POLICY NUMBER: N9BP907756 BUSINESSOWNERS BP 04 48 01 06 TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad Attn : Human Resources Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II -Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, 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 in the performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 □ DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 ACORD® CERTIFICATE; OF PROPERTY INSURANCE I DA TE (MM/DD/YYYY} ~ 10/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR[VIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 1',IOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE. COVERAGE AFFORDED BY THE POLICIES BE~OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER CONTACT NAME: PHONE (844) 472-0957 I r:ia, No}: (203) 554-3613 'AIC No l=vtJ: BIBERK E-MAIL salessupport@bib~rk.com ADDRESS: P.O. Box 113247 PRODUCER Stamford, CT 06911 ...Q!,!filOMERID: --INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A ,Berkshire Hathaway Direct Insurance Compa1 524210 INSURERS : WSP Corporate B1fnefits And Insurance Services INSURERC : WSP Corporate Benefits & Insurance INSURERD! 5650 El Camino Real Ste 207 Carlsbad, CA 92008-7128 INSURER E: INSURERF: -COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/ OESCfl]PTION OF PROPERTY (Attach ACORD 101, Addltional Remarks Schedulo, if more.space is required] Location: 5650 El Camirio Real Ste 207Carlsbad, CA 92008-7128 Bldg #001: Insurance Agents (Office) -63f\5101 THIS IS TO CERTIFY THAT THE POU Cl ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. -NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME,NT WI_TH RESP_ECT TO ¼IHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANyEAFF<JRDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES .. LIMITS SHOWJ\J MAY HAVE BEEN RJ:;DUCED BY PAID CLAIMS_ INSR T)'PE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE (MM/DD/YYYY} DATE (MM/DDl'(YYY) x_j PROPERTY BUILDING $-0 ------CAUSES OF LOSS DEOUC_TIBLES PERSONAL PROPERTY s 77,112 BUILDING N9BP907756 03/24/2023 03/24/2024 -... BASIC B!-JSINESSINCOME s BROAD 250 - * E>CTRA El(PENSE CONTENTS -s X ]-SPECIAL RENTAL VALUE s -EARTHQUAKE -SLANKET-SUILOING s n/a --VIIND BLANKET PERS PROP s n/a -FLOOD BLANKET BLDG & PP s n/a - s - s INLAND MARINE "TYPE OF POLICY s f-----CAUSES OF LOSS s --NAMED PERILS -POLICY-NUMBER s f----- $ CRIME s ---TYPE OF POLICY s - s U BOILER & MACHINERY/ _ I $ EQUIPMENT BREAKDOWN - s s - s -SPECIAL ·coNOITIONS / OTHER COVERAGES [ACORD 101, Addltionai Remarl<s Schedule, mcy be_attached If more space Is required) * ALS up to 12 months. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Human Resources 1635 Faraday Ave AUTHORIZED REPRESENTATIVE t~ Carlsbad, CA 92008 6J~t>---- © 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: DEFE9AF5-C867-4782-A78C-EF7F44502D43 I For Roadside Assistance: 800-531-8555 Report a claim, get coverage and deductible information, request a tow from the accident kcene, schedule an appraisal or reserve a rental car using: I • usaa.com, • USAA's Mobile App, or • By calling 210-531-USAA (8722), our mobile phone shortcut number #8722 or 800,-531-USAA. California Evidence of Financial Responsibility This ID card Is evidence of liability insurance for your vehicle. The card is valid only as long as liability insuranC:e remains in force. Keep a copy of the ID card in your vehicle at all times. I You may be required to produce your identification card at vehicle registration or inspection, when applying: for a driver's license, following an accident, or upon a law enforcement officer's request. FCA 1 1Re.v. 6-13 50781-0513_ 02 ----------------·----------------------------------------------------------------------------------------b a -c • k-------------------------· CALIFORNIAj EVIDENCE OF FINANCIAL RESPONSIBILITY Name and Addr.ess of Insured NAIC 25968 ' WILLIAMS PIERATT 7201 MANZAN°IT A ST ' -CARLSBAD CA 92011-5128 I DEBORAH J PIERATT I WILLIAM S PIERATT I MEREDITH K l lERATT Insurance Company USAA CASUA4TY INSURANCE COMPANY Policy Number I I Effective Date 00189 10 6BC 7101 7 06/21/23 Vehicle Make/Vehicle Identification Number MERCEDES I WDDZF4JB9KA636271 I Expiration Date 12/21/23 Vear 2019 This policy provide~ at least the minimum amounts of llablllty Insurance required by the CA VEH CODE SECTION T 6056 for the specified vehicle and named insureds and may provide coverage for other persons and other vehicles as provided by the insurance policy. California Evidence of Financial Responsibility Keep this card. IMPORT ANT: The California Financial Responsibility Act (Section 16020) of the Vehicle Code requires every owner or operator of a vehicle subject to the requirements of the Financial Responsibility Act to carry evidence of financial responsibi llty In the vehicle at all times. Under vehicle code (Section 16028) every driver f involved in an accident must provide evidence of O financial responsibility at the scene. Failure to comply is I an infraction and shall be punishable by fines, d impoundment or I icense suspension. Additional copies available at usaa.com CONTACT US: 210-531-USAA(8722) OR 800-531-USAA 9800 Fredericksburg Road, San Antonio, Texas 78288