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HomeMy WebLinkAboutRICHARDS, WATSON & GERSHON, APC 5 - 2016INSURANCE NOIT OIU FILL WORKMAY 61PROCEED A-M6418 CLERK OF COUNCIL DATE.. SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this 61h day of May, 2016, by and between Richards, Watson & Gershon, a California Professional Corporation ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). RECITALS A. City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attorney") in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal litigation, specifically, marijuana dispensary litigation and zoning regulation defense, and desire to undertake said services. C. The City acknowledges that it has received billing from Attorneys prior to the date of this Agreement for invoices dated March 16, 2016 and April 22, 2016, and City intends that any unpaid sums owed to Attorneys for those invoices shall be covered under this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I . RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigating lawsuits filed against the City challenging the constitutionality, enforcement or the implementation of the voter - initiative known as Measure BB. Additionally, the City agrees to and does retain Attorneys for general advice and legal review on a case -by -case basis when urgent matters arise in relation to election issues or personnel matters. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in fall for all services for the foregoing services, at the rate of $295 an hour for all attorneys and $145-166 an hour for paralegal work. Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement, shall not exceed $795,000.00 during the term of this Agreement. C. The City acknowledges that it has received billing from Attorneys prior to the date of this Agreement for invoices dated March 16, 2016 and April 22, 2016, and City intends that any unpaid sums owed to Attorneys for those invoices shall be covered under this Agreement. d. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of Personnel, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pre-trial report 90 days before trial; 6. TERM The term of this Agreement shall commence on the date first written above and terminate on May 30, 2018, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P,O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Attorneys: Patrick Bobko, Esq. T. Peter Pierce, Esq. RICHARDS, WATSON, & GERSHON 355 South Grand Ave, 40th Floor Los Angeles, California 90071-3101 Facsimile: (213) 626-0078 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by,Attomeys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 16. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry', or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. [Signature Page to Follow] ATTEST: —7rUU44 '-�) Maria D. Huizar Clerk of the Council RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney Office APPROVED AS TO FORM: SONIA . CAR LHO City A m By: M. Schwarzmann Assistant City Attorney CITY OF SANTA ANA David CaOecc City Manager RICHARDS, WATSON & GERSHON Name: Saskia Asamura, Title: Partner Tax ID No. 0 DATE (MMIDDIYYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 10110P2016 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 CONTACT Marsh Risk & Insurance Services -NAME: ... .... .. .... .. . . .. ....... ... .... .. . . . .... .. .......... PHONE IF—AX CA License #0437 153 -JAtQ-N% ExtL— No):" 777 South Figueroa Street E-MAIL Los Angeles, CA 90017 INSURER(S) AFFORDING COVERAGE NAIC # 502512-FINPR-E&O-1 6-17 INSURER A; Nauitkis Insurance Company 17370 INSURED SURER 8 , Axis Surplus Insurance Company 26620 Richards, Watson & Gershon . .... ... .. . ... . .. ..... . ....... . . --- 355 South Grand Avenue, 40th Floor -INSURER C : Los Angeles, CA 90071-3101 INSURER D: . ... .... .. . INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: LOS-001858147-25 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 XUDIC -S-tJ8—R . . .... .. . .. .... POLICY EFF —POEKCY—EfXi� LTR TYPE OF INSURANCE INSD WVDF POLICY NUMBER (MM0131Y YY1 (MMJDC LIMITS COMMERCIAL GENERAL LIABILITY FACT -I OCCURRENCE DAMA 0 RE TED CLAIMS -MADE OCCUR PREMISE�a occurreme MED EXP (Any one person) $ PERSONAL I& ADV-INJURY -- .. .... ... . . ....... GENT AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE PRO - F7 7 POLICY JECr LOG ffODUCTS - COMPIOP AGG $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LINUT $ AEP ANY AUTO BODILY INJURY (Per person) $ ALL G8VVNED SCHEDULED BODILYINJURY (Per acc s AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS $ UMBRELLA LfAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DEDI I RETENTION $ $ WORKERS COMPENSATION I PER DTH- 'UTE I [EIR iAND EMPLOYERS' LIABILITY YIN 3A ANY PROPRIETORIPARTNERIEXECUTIVE F—N� F.L EACH ACCIDENT $ OFFICERYMEMBER EXCLUDED? NIA (Mandatory in NH) L EL DISEASE - EA EMPLOYEE $ If yes. describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ Lawyers Professional Liability PLP 1000238 P-6 10/08/2016 10/08017 Each ClaiM 7,500,000 B ENN 72126110112016 10/08/2016 1010812017 Sell -Insured Retention 250,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is requXed) PP VED AS 'OF, RM Schwa"Zman a dt I n Senior -Assistant City ttorney City of Santa Ana Santa Ana City Attofney's Office Attn: Tamara Bogosian 20 Civic Center Plaza, M-29 P.O.Box 1988 Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Parny Marcos @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD RICHWAT-01 HRAMIF ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE (MMIDD/VYYY) �� 09/21 /2018 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). PRODUCER License # 0814758 CONTACT NAME: - - - ---- — Hoffman Brown Company PHONE 818 986-8200 FAX 818 986-8510 5000 Van Nuys Blvd. 6th Floor (A/C, No, Ext): ( ) (A/C, No):( ) Sherman Oaks, CA 91403 ADDRESS: IINSURED Richards, Watson & Gershon 355 South Grand Ave 40th Fir Los Angeles, CA 90071-3101 INSURER F : Federal Insurance Co. 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 POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR X X 35293250 10/01/2018 10/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TORENTED ce $ 1,000,000 MED EXP (Any oneperson) 10,000 $ PERSONAL BADVINJURY _ $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY ❑ ippeT Fx� LOC GENERAL AGGREGATE $ 2,000,000 $ _ _ Included PRODUCTS - COMP/OPAGG OTHER: $ B AUTOMOBILE LIABILITY COMBINdEeD nijSINGLE LIMIT $ 1 000,000 BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS 74967929 10/01/2018 10/01/2019 BODILY INJURY Per accident $ X PeOa�Rd�DAMAGE $ AUTED ONLY X AUTOS ONLD B X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 9,000,000 EXCESS LIAB CLAIMS -MADE 79611586 10/01/2018 10/01/2019 AGGREGATE $ 9,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/P/EXECUTIVE Y❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 71726476 10/01/2018 10/01/2019 X PER OTH- STATUTE ER- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its employees, officers and agents are named as an Additional Insured as required by written con a t per Endorsement Form #80-02-2367 attached. Coverage subject to policy terms, conditions and exclusions. APP �%E A ��U FOR1 Sandra M. Schwarzmann i r Assistant City Attorney City of Santa Ana, Santa Ana City Attorney's Office Attn: Tamara Bogosian 20 Civic Center Plazam M-29 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERE I ACCORDANCE WITH THE POLICY PROVISIONS. 1 ,CY AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C H U B BE Liability Insurance Endorsement Policy Period OCTOBER 1, 2018 TO OCTOBER 1, 2019 Effective Date OCTOBER 1, 2018 Policy Number 3529-32-50 WUC Insured RICHARDS WATSON & GERSHON Name of Company VIGILANT INSURANCE COMPANY Date Issued AUGUST 31, 2018 ....v.................n:....\v.Ax..........Fi.r}:r:Un..........vh}.r}x}.xxr.::::::::::::::::::}.::...............n.........::.......................................... ......:.::::..........: r:::.v::.v}:::::::::}.v:}nw:\w::}}:.Y.•:.5::::::: }::::::::..::•::w::::. This Endorsement applies to the following forms: GENERAL LIABILITY .........:.....:...::•}:h•: }>5;:.>::>:>;s}: :>: >: >:>>:>::; }:.: ..... :>�s:: > »>s>:>:z s>:>:»: »>:»s:J:>;>:::r::>::; •}:: kzz:;ca: :z»:::oaxa:Kr \:er. Under Who Is An Insured, the following provision is added. Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule-, • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Liability Insurance Addidonal Insured - Scheduled Person Or Form 80-02-2367 (Rev 5-07) Endorsement APf' TV/v andra M. Schwarzmann nior Assistant City Attorney continued Page 1 CZ: HUBB' Liability Endorsement (continued) I Inder Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. :::::.�::::.�:::.�:::::::::::::.::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::: :::.::.;:.:::t:.;.: :.X.;.., :....,, y .;. .,.+`:::\",,yY•:.3C•::;:t•,.....v::::::........../sa.,.v.v.........4\\4'^3o-w:•.ti..^;........:C,x ::::::::.�:::::::::::::::::::::.::::::::::::::::::::.:::::::::::::::::::::::::.�::.�:::::t........:..,.3:f'.3..,..a.3iFiFiov.AtSttkFi Y.c4�..3f3:..:4bA*X.•�kYd.:. x ..............:.. Schedule CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY TWENTY CIVIC CENTER PLAZA SANTA ANA, CA 92701 All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured - Scheduled Person Or Organization AP AS TO M andra M. Schwarzmann nior Assistant City Attorney last page Form 80-02-2367 (Rev. 5-07) Endorsement Page 2 . %.. R CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlYYYY) ,a1o,2ov 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). PRODUCER Marsh Risk & Insurance Services CA License #0437153 CONTACT NAME: AX PHONE A/C No): E-MAIL 777 South Figueroa Street Los Angeles, CA 90017 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : Axis Surplus Insurance Company 26620 502512-FINPR-E&O-17-18 INSURED Richards. Watson &Gershon INSURER B : Nautilus Insurance Company 17370 INSURER C 355 South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: LOS-002185652-27 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TGIIENT17- CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ POLICY ❑ PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? F_N] N I A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Lawyers Professional Liability ENN 721261/01/2017 10/08/2017 11/08/2018 Each Claim 7,500,000 B PLP 1000238 P-7 10/08/2017 11/08/2018 Self -Insured Retention 250 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requir APPR ED AS T FORM c andr•a t . SchWarzmann 4 �enior As is ant City Attorney CERTIFICATE HOLDER CANCELLATION City of Santa Ana Santa Ana City Attorney's Office Attn: Tamara Bogosian 20 Civic Center Plaza, M-29 P.O. Box 1988 Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Ramy Morcos ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A�� ® DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/12/2018 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). PRODUCER CONTACT Marsh Risk & Insurance Services NAME` PHONE FAX CA License #0437153 (A/C. No. Extl: _ (A/C, No): 633 W. Fifth Street, Suite 1200 E4IIIAIL Los Angeles, CA 90071 ADDRESS: Attn: LosAngeles.CertRequest@marsh.com INSURERS AFFORDING COVERAGE NAIC N CN102325063-FINPR-E&O.17-18 INSURER A: Axis Surplus Insurance Company 26620 INSURED Richards, Watson &Gershon INSURER B : Nautilus Insurance Company 17370 355 S. Grand Avenue, Ste. #400 INSURER C : N/A N/A Los Angeles, CA 90071 ivau000 n . COVFRA('FS CFRTIFICATF NIIMRFR• L0S-002185652-29 RFVISIC)N NIIMRFR- 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 ADDTYPE OF INSURANCE INSD U D POLICY NUMBER MM POLICY EFF POLICY EXP LTR / DIIYYYY) (MM1DD1YYYY1 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY E PRO- JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT We accident $ BODILY INJURY (Per person) ANY AUTO $ OWNED SCHEDULED AUTOS ONLY AUTOS $ BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB CLAIMS -MADE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N I PER OTH- STATUTE ER _ ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? N❑ NIA E.L. EACH ACCIDENT $ (Mandatory In NH) - E.L. DISEASE - EA EMPLOYEE $ ifs, describe under DESCRIPTION OF OPERATIONS below I $ I E.L. DISEASE - POLICY LIMIT A Lawyers Professional Liability ENN721261101/2018 11/08/2018 11/08/2019 IPLP1000238PB Each Claim 7,500,000 B 11/08/2018 11/08/2019 Self -Ins red Reten' 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more spaceA V1 CP TO FORM V ra 1. chwarzmann S for Assistant CitN Attorney I UtKIIFIUAIt NULUtK I,ANt-tLLAIIUN City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Santa Ana City Attorney's Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Tamara Bogosian ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-29 P.O. Box 1988 SAUTHORIZED REPRESENTATIVE Santa Ana, CA 92702-1988 of Marsh Risk &Insurance Services Scott A Broome © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD