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HomeMy WebLinkAboutDonnoe & Associates Inc; 2023-12-01; HR2301HR 2301 City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR BENEFIT BROKER/CONSULTING SERVICES DONNOE & ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the 1st day of _December , 2023 , by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Donnoe & Associates, Inc., a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a screening and selection contractor that is experienced in developing tests and conducting assessments. B. Contractor has the necessary experience in providing professional services and advice related to developing tests and conducting assessments unique to the public sector. 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 under control of City only as to the result to be accomplished, but will consult with City as DocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A HR 2301 City Attorney Approved Version 4/24/2023 2 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: AF1CED47-1319-47E6-B3AB-B731D10E204A HR 2301 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 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. 10.1.3 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: AF1CED47-1319-47E6-B3AB-B731D10E204A HR 2301 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 Paul Ho paul.ho@carlsbadca.gov Name Diane Donnoe Title Human Resources Manager Title Chief Financial Officer Department Human Resources Address 10940 Fair Oaks Blvd Ste 700 City of Carlsbad Fair Oaks CA 95628-5938 Address 1635 Faraday Ave Phone No. 916-928-4911 Carlsbad CA 92008 Email exams@donnoe.com Phone No. 760-621-1223 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 If yes, list the contact information below for all individuals required to file: DocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A □ ■ HR 2301 City Attorney Approved Version 4/24/2023 5 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 the work product and put it in order for proper filing and closing and deliver it to City. Contractor DocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A HR 2301 City Attorney Approved Version 4/24/2023 6 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: AF1CED47-1319-47E6-B3AB-B731D10E204A HR 2301 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 Diane Donnoe, CFO exams@donnoe.com (print name/title) ATTEST: By: (sign here) SHERRY FREISINGER Michael R. Donnoe, President exams@donnoe.com 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: AF1CED47-1319-47E6-B3AB-B731D10E204A HR 2301 City Attorney Approved Version 4/24/2023 8 EXHIBIT “A” SCOPE OF SERVICES Upon City’s request, Contractor will conduct job analyses, develop exams, develop and conduct assessment processes and conduct all phases of a recruitment, including a promotional recruitment. Job Analysis: Conduct on-site interviews and job inventories. The interviews are conducted with a small number of incumbents and their supervisors and lead to the development of a detailed job inventory. This time-efficient job inventory is administered to a significant sample of incumbents. The resulting data is extensively analyzed resulting in detailed job descriptions. These descriptions are the foundation for the content validity of the examination as they lead directly to a specific exam plan that details the test content and the modes of assessment for this content. The job analysis data itself will also be provided to the City so that it may be used in additional areas such as classification. Test Development: Develop exam content, administrative procedures and instructions based on the job analysis and agreement from the City. The resulting written exams may be expected to assess the knowledge and skill areas that Donnoe & Associates, Inc. and other researchers have shown to accurately predict success in the sorts of job classifications that are the object of these projects. The job analysis will document the rationale for such test components in an exam plan. Test Administration: Test administration guidance materials will be provided for each test component. Periodic and Final Reports: Provide the City with a job analysis and examination plan report. A mid-project report will be provided to the City indicating progress and plans for completion. Finally, a test validation report will be provided. This report will document the content validity of the testing process including activities from each phase and relevant statistical information. City's Role: Contractor will collaborate with the City throughout the test development, validation and recruitment projects. City will participate in the following ways: • Provide preliminary job information such as class specifications, previous job analysis reports, previous announcements, and organization charts. • Provide subject matter experts (SME's) for several information gathering sessions. • Communicate with candidates regarding the exam announcement, job applications, test scheduling, and scoring notification. • Provide facilities for job analysis and other meetings (upon Contractor’s request). • Assist in the coordination of staff acting as SME's, etc. DocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A HR 2301 City Attorney Approved Version 4/24/2023 9 DocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A [j Donnoe & Associates , Inc. Exam Fees for 2023-2024 Written Test Fees • Stock Written Test Rental, Base Fee = $300. Agencies can select from over 75 Stock Written Tests. Build-A-Test Base Fee = S600. We can build a test to meet your specific needs from our extensive written test item bank (over 8,000 questions; These include reference-based questions (over 300 references I titles now available) or from our knowledge and skills item bank). Custom Written Test Base Fee = $900. Onoe a Custom written test has been created for an agency, subsequent use of the same test is at Stock rates for the agency. Additional Test Rental Fees Test booklets. In addition to our Written Test Base Fee, a per candidate or per test booklet fee of $10will apply to all Stock, Build~A~ Test. and Custom written tests .. Shipping costs will apply to Written Test Rental. It em Writing for new multiple choice items, including test items based on agency polic-ies: and procedures, o r a reference not currentty in our item bank = S75 per item. What is Included Test development. test booklets, Scantron forms, and Proctoring instructions. We will wortc with your Analysts and Subject Matter Experts (SMEs) to match test content to job requirements. In the event of candidate protests, we will provide an anatysis with reoommendations to resolve test content protests. Test scoring for Written Tests is always provided at no additional fee. Test scoring occurs after all protests have been resolved. We will advise your agency on pass points at oo additional fee. All test materials (written tests. iAHQ Exams. Assessment male.rials. etc.) are the inteNectual property of Donnoe & Associates. Inc., and are copyright C protected by the Federal Copyright Laws of the United States of America (Title 17 U.S. C.). Donnoe & Associates. Inc. owns the copyright of this work and prohibits photographing, reproducing or copying of this KOfk in whole or in part., by any means wfiatsoever; distribut.ion of cop;,.,s of the copyrighted work: preparation of derivative works based upon the oopyrighted work: or retenb·on of copyrighted materials for any purpose wfiatsoever, without express. written permission. Vro/alor{s) may be subjec.t to civil penalties. criminal sanctions. or both. HR 2301 City Attorney Approved Version 4/24/2023 10 During the term of this Agreement, Contractor may request a fee increase, not to exceed 3% per agreement year. Invoices Invoices will be emailed to jessica.van@carlsbadca.gov. DocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A iAHQ IFee-s, :stock RA.HQ Base Fee ~ $300. " 1C.ustom liAHQ Base F -' -0900. 011100 a Cuslom1 iiAHQ llllas. l!!i n er afed fo:r an ,a,g ncy, sub seq LIi nt us of time samf!l • . am iis at S ock rrat . " tAHQ Test :scaring iis 1provi 1Pfl'.r candidate. al$10 " 1C.omp'D m Custom Oral Assessment. Exam Bas F'1:es from ~ $12,500. ,., :s En·gl Pan · I Oral Exam orr sn111gle, Oral Assess me 1111. E • l\',cl:se, 1(q1ueslio111s I probl m s ·m, g ra ing oonsiderations., forms, irate r ~ra-ning ,, xam administrallion, etc.): Bas F ~rom ~ S5 500. Oral Assessm n • &ams" incl d Oral Exams, ComJll ~ Ass ssment l'.:flnt r:s, and Penforrnanoo Testss.. • '· -· rre rat rs wi be soo ·ng candidat s, as opposed to oomputer- lbas@d -o:r macilin scori llQ (as with wriitif n tests or iAIHO Exams.). What is. lna1L11ded " We ·1 work wittl your Analysis and Sul!!ijoct Matt r Exp rts (SMEs) fG matcll test"oontent to jdb reqL11ire1111 nts. What is. lnciluded " " " "' " " "' Base, Fe ·nci d &xam de 'lop1111 nti. aoo validation, p ·nting I pr para1io:n ,of all •• . am rmat rjals fo:r , minist!ra~ion, vJd@& based rat !f' tra ·ning and ool'itinca lon, exam ov rsight arw::I scor, r pm'tis. We ·1 work ·w.itt, your Analysis and Subj,oct Matt r Exp rts (SMEs) to matcll test oontent to jo'b requi rem nts. A. job analysis r~rocess is pmvJded 'iiWh oomple·f Assessm nt Center , xams. A. oorn;plem Oral Ass ssm • • t Exam • i I typi.cal ly incill.llde, ~ • ree to live e,:irercis s I [pafflL A. Cl.llsto:m WriiHien Tesl or Custom iAHQ Exam can be Cli ated for tihe job a.s. ,one of ·mh eHm e ercis s I pans. Rating forms. a oo a sooring spri ads.h e are ino1L11ded "tih &xa:m development The Baoo F incl oos s.l.llpport in tihe nt of a cihal rmge ro oxam validity, and slllpport in the rd of a c · al • nge to •• . am admin"stration. 06/15/2006 27 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: (Name and Department) (Date) Proposed modification(s) to the __________________ requirement(s) for (Type of insurance) (Name of contract) Reduce coverage to the amount of: $ . Waive coverage Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $ . Work will be completed over a period of . Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by Risk Manager for this contract only: (Signature) (Date) H:\WORD\Insurance\Admin Order #68.doc Debbie Porter, Human Resources 11/6/23 Auto Donnoe & Asoociates Inc Contractor does not provide on-site services. All services are provided online. DocuSign Envelope ID: C9A066EA-0930-4EF0-8206-66011655DEFD 11/13/2023 DocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A □ [j] □ □ □ ■ DocuSign Envelope ID: C9A066EA-0930-4EF0-8206-66011655DEFDDocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) ~ 10/18/2023 1 m.:, "c"'T1F1'-A IE ll:i 1.:,.:,UEo Al> A MA 1 1 cR ur-.... _ ..... 11v,,. UNL Y AND "'!. -· --NU RIGHTS UPUN I t1E u::RTIF11.,;, ~II: 11uLDER. I 111::; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HiscO!( Inc. d/b/a/ Hiscox Insurance Agency in CA PHONE (888) 202-3007 I FAX 5 Concourse Parkway IA/C No Extl: IA/C Nol: E-MAIL contact@hiscox.com Suite 2150 ADDRESS: Atlanta GA, 30328 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURERB: Donnoe & Associates, Inc INSURERC: 10940 Fair Oaks Blvd Suite 700 INSURERD: Fair Oaks, CA 95628 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,&~hli~ ,:ghli~ LIMITS LTR ,u<,n ·-~ POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1--:=J CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES /Ea occurrencel $ 1-- MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =i □ PRO-OLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ --ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accidentl ~ -$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ~ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I r~fTUTE I IOTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability y y P100.128.884.3 03/01/2023 03/01/2024 Each Claim: $ 2,000,000 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Ave. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Carlsbad, CA 92008 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C9A066EA-0930-4EF0-8206-66011655DEFDDocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A ACORD®· CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/24/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STEVE INDRAJANA, LIC# 0D77756 22~r,cT Cindy Sonq rll~N,jn Extl: (916) 920-2886 I FAX 3617 MARCONI AVE IA/C No\: (916) 920-2811 SACRAMENTO, CA 95821-5309 fcMo~~ss: steve.indrajana.nqkora>statefarm.com ~ INSURER(S) AFFORDING COVERAGE NAIC# ' INSURER A: State Farm General Insurance ComDanv 25151 INSURED DONNOE & ASSOCIATES INC INSURER B : State Farm Fire and Casualtv Comoanv 25143 10940 FAIR OAKS BLVD STE 700 INSURERC : FAIR OAKS, CA 95628 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: City of Carlsbad REVISION NUMBER: 10242023 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ,.,.,., "n,D POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYYl A GENERAL LIABILITY ~ ~ 90-CS-Q046-2 03/23/2023 03/23/2024 EACH OCCURRENCE $ 2,000,000 x DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES /Ea occurrence) $ 300,000 f---~ CLAIMS-MADE [R] OCCUR MED EXP (Any one person) $ 5,000 1---PERSONAL & ADV INJURY $ 0 1---GENERAL AGGREGATE $ 4,000,000 1--- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 4,000,000 iXl n PRO-POLICY JECT n LOC $ AUTOMOBILE LIABILITY □ □ COMBINED SINGLE LIMIT $ /Ea accident) 1--- ANY AUTO BODILY INJURY (Per person) $ 1---ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident) $ --$ UMBRELLA LIAB HOCCUR □ □ EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ B WORKERS COMPENSATION x I T~~~Tf,Ws I JOJt- AND EMPLOYERS' LIABILITY YIN 90-GB-W765-9 03/23/2023 03/23/2024 ANY PROPRIETOR/PARTNER/EXECUTIVE [D ~ E.L. EACH ACCIDENT $ 1,000,000 OFFICE/MEMBER EXCLUDED? Y N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 me ----• -•-•-hoOnou □ □ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) DESCRIPTION OF OPERATIONS: Consulting Additional insured request had been submitted to underwriting for processing: City of Carlsbad Human Resources 1635 Faraday Way'. Carlsbad, CA 92008 CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Human Resources ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Way AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 10/24/2023 cL~7 Str~ LSATJtr~ s~ c-1 ndu:i,j{U[4 I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010 DocuSign Envelope ID: C9A066EA-0930-4EF0-8206-66011655DEFDDocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A SOB Policy No. G90CSQ04 62 7041-FA82 CMP-4786.1 Page 1 of 2 HHS cNDORSEMENT Cl lANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS (SchedulE!d) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: G90CSQ04 62 Named Insured: DONNOE & ASSOCIATES INC 10940 FAIR OAKS BLVD STE 700 FAIR OAKS CA 95628 -5958 Name And Address Of Additional Insured Person Or Organization: CITY OF CARLSBAD HUMAN RESOURCES 1635 FARADAY AVE CARLSBAD, CA 92008 1. SECTION H ~ WHO IS At~ H,!SUm::D of SECTION II ~ LIAB!UTY is amended to in elude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, fn who!e or in pa1i, by: -a. Ongoing Op~rntions (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your on:;ioing or,2rs. tions for that additional insurt:;d; or b. Products -Completed Operations {!'(our 1-vcd<" pc··rt:tYi1Cd fof U1:..,1t c:r1d!Uonal insured .:md inc!udod in the "products- completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; b.. If coverage provh::k.:~d tc> tho f'-ddiUona! in- sured is required. by a contract or agrco- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the addiliona! insured is the lesser of t~1at which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- ft.::niia Ch·i! Code Soction 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreernent to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insurnd under this endorsement un- til a claim or "suit" is tendered to us. ©, Copyright, S!Gtc F:Jrrn ~1utuai /\.utomobiie !nsuronce Company, 2013 Includes copyrigflted material of Insurance Services Office, Inc., with its permission. CONTINUED DocuSign Envelope ID: C9A066EA-0930-4EF0-8206-66011655DEFDDocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION 11 -LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the fol !o ving is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II -GENERAL CONDITIONS: The additional insured must: a. See to it that wo am notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II - LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION 11 -LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II - COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance ovai!8ble to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, conting011t or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refu nd of premium in the event tr1is e1,dorsoment is cancelled. All other policy provisions apply. 1007033 148011 08-21-2014 ©.Copyright.State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C9A066EA-0930-4EF0-8206-66011655DEFDDocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A SOB Policy No. G90CSQ0462 7041-FA82 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST . OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Policy Number: G90CSQ04 62 Named Insured: DONNOE & ASSOCIATES INC 10940 FAIR OAKS BLVD STE 700 FAIR OAKS CA 95628-5958 SCHEDULE Name And Address Of Person Or Organization: CITY OF CARLSBAD HUMAN RESOURCES 1635 FARADAY AVE CARLSBAD, CA 92008 CMP-4787 Page 1 of 1 The following is added to Paragraph 1 0.b. of SECTION I AND SECTION II -COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 1006225 137715.1 11-19-2013 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: C9A066EA-0930-4EF0-8206-66011655DEFDDocuSign Envelope ID: AF1CED47-1319-47E6-B3AB-B731D10E204A WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA , We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be ___ 5_% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization CITY OF CARLSBAD ATTN: HUMAN RESOURCES 1635 FARADAY AVE CARLSBAD CA 92008-7314 Schedule Job Description CONSULTING -HIRING AND PROMOTION EXAM DEVELOPMENT AND REPORTING CONTRACT/PAYROLL: $12,500 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12 / o 1/23 Insured DONNOE & ASSOCIATES INC WC 0403 06 (Ed. 4-84) Policy No. 9 o -GB-W7 6 5 -9 Endorsement No. Insurance Company State Farm Fire and Casualty Company Countersigned By 1007722 124282.2 01-25-2019