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HomeMy WebLinkAboutDONNA DESMOND & ASSOCIATES1NSU ANCE NOT ON FILE )NOrtn MAY NOT PROCEED CLERK OF COUNCIL A-2015-159-03 MAYOR DATE: SEP D ? 2020 Miguel A. Pulido MAYOR PRO TEM Juan villages 0. D_ �1 COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sannlento Jose Solorio CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza . P.O. Box t 988 Santa Ana, California 92702 w .santa-ana om July 17, 2020 Donna Desmond & Associates Attn: Donna Desmond, President 256 S. Beverly Glen Blvd. Los Angeles CA 90024 CITY MANAGER Kristine Ridge CITY ATTORNEY Soria R. Carvalho CLERK Of THE COUNCIL Daisy Gomez Re: Final Extension of Ag eement #A-2015-159 for Business Goodwill Appraisal Services Dear Ms. Desmond: Pursuant to Section 3 ("Term") of Agreement No. A-2015-159 ("Agreement"), entered into by Donna Desmond & Associates, and the City of Santa Ana, dated August 5, 2015, the term of the Agreement is hereby extended for an additional and final one (1) year period from August 6, 2020 through August 5, M1" Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerer Nabil Saba, P.E. Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge .— City Manager APPROVED AS TO FORM �K 7Y." -f.�L John M. Funk Senior Assistant City Attorney ATTEST Daisy Gomez, MMC Clerk of the Council SANTA ANA CITY COUNCIL Inna Desmond President & ASSOCIATES Mgual P.. Pulido Juan W egas Ncenle earroenb Devil Po alp Jose Solorlc Ph( saceria Nelida Mardom Mayor Mayor Pro Tan, Ward 5 Wart WN2 Wl3mWtlo9sntaan Wartl4 WN6 Italona®sanla-anaom pxerratsnenea a6 DESMO-1 OP ID: SG A� Ro CERTIFICATE OF LIABILITY INSURANCE DA12/092019YI lvosrzots 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 PRODUCER d Assoc. Inc. an Street INSURED Donna Desmond Associates Phone#310-475-1114 265 South Beverly Glen Blvd. Los Angeles, CA 90024 Steven L. Monteith q. 630505-7888 we INSURER(S) AFFORDING COVERAGE NAICP Travelers Prop Cas Cc _ 25674 .of America rnVFRAn9A rMPTIFIr ATF N1 IUQ=O- ocwlClrlu unumcm. 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 REOUIREMENT, 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. INSRINSR ADOL SUER _ _ -' POLICY EFf POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIIS"EFF) IMM,0DNYYYI I LIMITS GENERAL LIABILITY EACHOCCURRENCE S 1,000,00 A X COMMERCIAL GENERALiLIABILITY X 680-1B716605 12/01/2019 1210112020 DAMAGELEa P=E�' "' -. � _PREMISESiEa occurte_Me)_ .S 300,00 _ CLAIMS -MADE X OCCUR MEOEXPIAnywit WIXP) $ 10,00 A )Ind Contractors - 680-1B716605 PERSONALS ADV INJURY S 1,000,00 GENER_AL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S 2,000,00 PR-. _— __.. . X I POLICY O. LOC $ AUTOMOBILE LIABILITY COMBINED SPIGLE LIMIT 1,000,00 A L amden1 _ $ ANY AUTO 680-1B716605 12/01/2019 12/0112020 BODILY INJURI P ,e .) S _ _ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURE P t aw,tlan0l $ X HIRED AUTOS X N014-0WNED PROPERTYDAM GE S AUTOS LPER ACCIDENT - — i 5 UMBRELLA LIAB _OCCUR EACH OCCURRENCE_ S EXCESS UAB _CLAIMS -MADE AGGREGATE _ _ r DED RETENTIONS S WORKERS COMPENSATION Y.0 STATOTH. AND EMPLOYERS'LIABN.ITY ,YIN TOR, �-NITS _ ER__ ANY PROPRIETOR/PARTNER:EXECUTIVE EL EACn A-OJENT S OFRCER MEMBER EXCLUDEO7 NIA - (Na" alary In NH) EL DISEASE-Ei. EMPLOYEE S If yyes ulI OESCRI 10N OF OPERATIONS Mi. E L DISEASE - POLICY LIMIT S A Property SectioD-,--""-'' 680-1B716606 1210112D79 17JOI12020' DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES IANach ACORD 101. Addleanal Rems,ks SchNula. if mma.pass..... I.d) City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory//*30 DAY NOTICE OF CANCELLATION CFRTIFICATF Hlnl nFR rANCFI I ATMTM SANTAAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA R IEWED & APPROVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RISK MANAGEMENT DI 5k NA(jEMENT D)UtSI N ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA AUTHORMEDREPRESENTATNE SANTAANA, CA 92701 9 2A43 $"af-AL M. LA M ABERi ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) name and logo are registered marks of ACORD HOLDER CODE SANTAAN NOTEPAD: iNSUREUSNAmE Donna Desmond Associates CONDITIONS OF SUCH POLICIES & APPROVED acFMFNI DR,ISIDN 19 I019 DESMO-1 PAGE 2 OP ID: SG Dais 1210912019 fvj. I,AMBEO Donna Desmond & Associates Policy #680-1 B716605 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION 11) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply an a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply you have agreed in a written contract, executed prior to loss, to name as additional insurea, but a. on any basis to any persor or organization only with respect to liability arising out a 'your for whom you have purchased an Owners work" or your ongoing operations for that addi- and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- 2. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply, out of the rendering of or the failure to render any professional services by or for you, in - a. Limits of Insurance — The following limits of cluding: liability apply: 1. The limits which you agreed to provide: 1. The preparing, approving or failing to prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders. designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed REVIEW D &APPROVED CG D1 05 04 94 Copes �j5k Fr®ge19t3ifn�#4NifR�Company. 1994. Page 1 of i Includes C p Ing d alerial (om Insurance Services Office; Inc. r 19 2019 M. LAMBERT Donna Desmond & Associates Policy #680-1B716605 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE —ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The 'bodily injury" or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 Copyright REVIEWED & b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. 19 2019 Inc. All rights reserved. Page 1 of 1 M. LAMBERT Donna Desmond A 5 5 0 C I A T E S 265 S. Beverly Glen Blvd., Los Angeles, CA 90024 (310) 475-1114 • ddesmond@donnadesmond.com December 12, 2019 City of Santa Ana Ann. Insurance & Contract Compliance Manager Re: Insurance Requirements.forConsultingServicesAgreetnew 94-2045_159 To whom it may concern: Consulting Services Agreement #A-2045-159 requires automobile liability insurance for "owned. hired autos and non -owned autos." Donna Desmond Associates does not own any vehicles and only utilizes hired or non -owned autos in providing its business services. Therefore, the corporation only carries insurance coverage as part of its general liability policy for hired and non -owned automobiles. Because the corporation does not own any vehicles, it cannot carry insurance for owned vehicles. 1 therefore respectfully request that the requirement for coverage of owned vehicles be waived as part of the consulting services agreement. If Donna Desmond Associates obtains any owned vehicles, the additional insurance coverage will be obtained and new certificates evidencing coverage will be provided to the City of Santa Ana immediately. Thank you for your attention to this matter. Please contact me with any additional questions or requests. Very truly yours. DONNA DESMOND ASSOCIATES -1 Donna Desmond. ASA M PPROVED Ew DivisiOn ;19 SAMANTHA M. LAMBERT Donna Desmond A S 5 0 1 A T E S 265 S. Beverly Glen Blvd., Los Angeles, CA 90024 (310) 475-1114 • ddesmond@donnadesmond.Cnm December 9.2019 City of Santa Ana Attn. Insurance & Contract Compliance Manager Re: brsurance Requirements for Consulting Services Agreement 4A-2045-159 To whom it may concern: I am in receipt of the City of Santa Ana's request for a certificate evidencing coverage for Worker's Compensation Insurance. Donna Desmond Associates does not carry Worker's Compensation Insurance for the following reason: • The corporation's 100% shareholder. Donna Desmond. is the on/r emploree of the company and is therefore exempt from the State of California's worker's compensation insurance requirement. I therefore request a waiver of this requirement for work performed for the City of Santa Ana. • if Donna Desmond Associates hires any employees, which it does not plan to, then the firm will obtain Worker's Compensation Insurance and provide the City of Santa Ana with a certificate of insurance. Thank you for your attention to this matter. Please contact me with anv additional questions or requests. Very truly yours. DONNA DESMOND ASSOCIATES Donna Desmond, ASA & APPROVED IGEmm DIVISION 19 2019 M. LAMBERT Donna Desmond A 5 5 0 C I A T E 5 265 S. Beverly Glen Blvd., Los Angeles, CA 90024 (310) 475-1114 • ddesmond@donnadesmond.com December 12. 2019 City of Santa Ana Arm. Insurance & Contract Compliance Manager Re: Insurance Requircmentsfor Consulling Services Agreement 4A-2045-159 To whom it may concern Consulting Services Agreement #A-2045-159 requires automobile liability insurance for "owned, hired autos and non -owned autos." Donna Desmond Associates does not own any vehicles and only utilizes hired or non -owned autos in providing its business services. Therefore, the corporation only carries insurance coverage as part of its general liability policy for hired and non -owned automobiles. Because the corporation does not own any vehicles, it cannot carry insurance for owned vehicles. I therefore respectfully request that the requirement for coverage of owned vehicles be waived as pail of the consulting services agreement. If Donna Desmond Associates obtains any owned vehicles, the additional insurance coverage will be obtained and new certificates evidencing coverage will be provided to the City of Santa Ana immediately. Thank you for your attention to this matter. Please contact me with any additional questions or requests. Very truly yours, DONNA DESMOND ASSOCIATES _I Donna Desmond, ASA & APPROVED IGEMENT DiVisiON is 2019 M. LAMBERT