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HomeMy WebLinkAboutCORNERSTONE COMMUNICATIONS (2)INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY 1 2024 DATE:: r D'. PO C0 Owl Iwo CORNERSTONE C 0 M M 0 0 1 C A 7 1 0 N C June 22, 2023 David Valentin Police Chief Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Dear Chief Valentin: N-2024-044 This letter is to set forth the terms on which Cornerstone Communications ("Cornerstone Communications"), will provide strategic communications services for the Santa Ana Police Department (SAPD). TERM AND COMPENSATION The monthly service fee for the items outlined below is $2,000. The total not -to - exceed amount of this Agreement, including any extension period, shall be $49,000, which includes a $1,000 contingency. City shall recognize and compensate Cornerstone Communications for services rendered since April 1, 2023 to June 30, 2023 in an amount not to exceed $6,000. The term of this Agreement shall commence on July 1, 2023 and terminate on March 31, 2025. Either party may terminate this agreement at any time upon thirty (30) days written notice. At the end of each month, Cornerstone Communications will provide a statement for services rendered under this Agreement In addition to the fees referenced above, SAPD will also pay reasonable and customary expenses incurred by Cornerstone Communications. For the purpose of this agreement, expenses shall include all reasonable expenditures for messengers, mail postage, freight and delivery cost, duplication and printing costs. Any expense over $500.00 shall not be incurred by Cornerstone Communications without SAPD's prior written approval. In addition, potential video, graphics and photography costs outside of BehindTheBadge.com activities will be agreed upon by both parties before those services such are performed. SCOPE OF SERVICES In exchange for the agreed upon compensation, Cornerstone Communications will provide the following services. Be available to respond to and assist SAPD with messaging, media relations and strategic counsel in the event of a critical incident or other crisis situation. Cornerstone will provide up to 12 (twelve) hours of service per month for the monthly fee above. Additional hours will be billed at $175/hour but only after receiving written permission from SAPD. At no time will Cornerstone undertake any additional work by billing any additional hours above the 12 (twelve) hours per month without the written permission from SAPD. 2. Report, write, photograph a minimum of one quarterly article about SAPD for BehindTheBadge.com. CONFLICT OF INTEREST If at any time a potential conflict arises with Cornerstone Communications' other clients, Cornerstone Communications will notify SAPD of the potential conflict. SAPD and Cornerstone Communications will discuss appropriate measures to address the potential conflict. AMENDMENT This agreement may be amended only by an instrument executed by the signed parties. Cornerstone agrees and understands that any extension or additional services requiring an increase to the not -to -exceed compensation amount detailed above is subject to approval by the Santa Ana City Council. Neither party shall have any liability to the other for any lost profits or special, incidental, indirect or consequential damages, even if advised of the possibility of such damages. In addition, Cornerstone Communications shall not be liable for any liabilities, costs, and expenses incurred or suffered by reason of, or in any way relating to, this engagement other than as judicially determined to be caused by Cornerstone Communications own bad faith, willful misconduct or negligence. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Please acknowledge your understanding and agreement regarding the terms of this engagement as described in this letter, by signing in the space provided below and returning it to Cornerstone Communications, P.O. Box 10246, Newport Beach, CA, 92658. o Chri n Cornerstone Communications 9840 Research, Suite 200, Irvine CA, 92618 (949) 200-6107 Agreed and accepted this LQ day of June 2023 See Attached Signature Page David Valentin Chief of Police Agreed and accepted this _ day of June 2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA OM S R. HATC Interim City Manager FOR APPROVAL: ROBERT RODRIGUE Acting Chief of Police NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Cornerstone Communications & Public Relations Inc. Name: Project N-2024-044 Number: Project N-2024-044 Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE Santa Ana PD AUTOMOBILE LIABILITY BA6W99694A 07/09/2024 02/07/2024 COI.pdf Santa Ana PD GENERAL LIABILITY 6805W495415 05/20/2024 02/07/2024 COI.pdf Santa Ana PD PROFESSIONAL LIABILITY 596695840 06/17/2024 02/07/2024 COI.pdf WORKERS COMPENSATION AND Santa Ana PD QWC1279928 05/20/2024 02/07/2024 EMPLOYERS' LIABILITY COI.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/7/2024 5:10 PM CORNCOM-02LFARMER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/7/2024 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 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). CONTACT PRODUCER NAME: PHONEFAX Acrisure Southwest Partners Insurance Services, LLC (A/C, No, Ext):(A/C, No): Ejhjubmmz!tjhofe!cz! 4000 Westerly Place E-MAIL Suite 110 ADDRESS: Newport Beach, CA 92660 Bohjf! INSURER(S) AFFORDING COVERAGENAIC # Bohjf!Bdfwfep! Travelers Casualty Insurance Company of Americ 19046 INSURER A : INSURED Sequoia Insurance Company22985 INSURER B : INSURER C : Cornerstone Communications & Public Relations, Inc. Ebuf;!3135/17/21! PO BOX 10246 INSURER D : Newport Beach, CA 92658 INSURER E : Bdfwfep 27;1:;16!.18(11( INSURER F : COVERAGESCERTIFICATE 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. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 2,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 300,000 CLAIMS-MADEOCCUR X 680-5W495415-24-425/20/20245/20/2025 $ PREMISES (Ea occurrence) XX 5,000 MED EXP (Any one person)$ 2,000,000 PERSONAL & ADV INJURY$ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 4,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ UMBRELLA LIABOCCUR EACH OCCURRENCE$ EXCESS LIABCLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION B X STATUTEER AND EMPLOYERS' LIABILITY Y / N QWC13607935/20/20245/20/2025 1,000,000 X ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Number: N-2024-044 City of Santa Ana, officers, agents, employees, and volunteers are an additional insured according to the wording included in the policy form and per written contract or agreement. Coverage is Primary and Non-Contributory. Waiver of Subrogation applies. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYWC 04 03 06 (Ed. 04-84) 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 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or OrganizationJob Description Any person or organization as required by written contract. 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 Effective5/20/2024Policy No.QWC1360793Endorsement No.0 InsuredCORNERSTONE COMMUNICATIONS & PUBLIC RELATIONS, INC.Premium $2,833 Insurance CompanySequoia Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84)