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HomeMy WebLinkAboutLIEBERT CASSIDY WHITMOREINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES nmte WFE&3t3PPs4,33' N-2018-032 CLERK OF.COUNCIL AGREEMENT FOR SPECIAL. SERVICES DATE: jM -5 2018 fhis Agreement is entered into between the City of Santa Ana, A Municipal Corporation, hereinafter referred to as "Agency," and the law, firm of L,fF,'B iItT CASSII)Y'WHITMOIxF, A Professional Corporation, hereinafter reterred to as "Attorney." WHEREAS Agency has the need to secure expert training and consulting services to assist Agency in its workforce management and employee relations; and WHEREAS Agency has determined that no less than forty-seven (47) public agencies in the Orange County area have the same need and have agreed to enter into identical agreements with Attorney; and WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the Agency and is willing to perform such services; NOW, THEREFORE, Agency and Attorney agree as follows: Attorney's Services_ Diming the year beginning .lanuary 1, 2418, Attorney will provide the following services to Agency (and tine other aforesaid public agencies): Six (6) days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, performance evaluation (administering evaluations), grievance and discipline administration for supervisors and rnanagors, planning for and responding to concerted job actions, current court, administrative and legislative developments in personnel administration and employment relations, etc., with the specific subjects covered and lengths of individual workshop presentations to be determined by Agency and the other said local agencies. It is expressly understood that the material used during these presentations, including written handouts and projected power points are provided solely for the contracted workshops. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the express written permission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions. Availability of Attorney for Agency to consult by telephone, Consortium calls cover questions that the Attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters. 'Che caller will be informed if the question exceeds the scope of consortium calks. Should the calker request, the Attorney can assist on items that fall outside the service, but these matters will be billed at the Attorney's hourly rate. (See additional services section.) Providing of a monthly newsletter, covering employment relations developments. 4. Annual .access to premium Liebert Library Services. Free: Attorney will provide these special services to Agency for a fee of four Thousand "Two Hundred Sixty -Five Dollars and Nifty Cents ($4,265.50) payable in one payment prior to March 1, 2018. The fee, if paid after March 1, 2018 will be. $4,365,50. N-2018-032 Said fee will cover Attorney's time in providing said training and consultative services and the development and printing of written materials provided to attendees at the training programs. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Professional Liability Insurance: Attorney shall maintain professional liability insurance with limits not less than one million dollars per occurrence throughout the duration of the contract. Term: The term of this Agreement is twelve (12) months commencing January 1, 2018, The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent; It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than forty-seven (47) local agency employers entering into a substantially identical Agreement with Attorney on or about January t, 2018. Dated:__ Z'_I S' ---- Dated: By - --------- ----------- ---- N-2018-032 Signature page: Liebert Cassidy Whitmore — Special Services (2018) ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA r RACt GODINE I City Manager RECOMMENDED FOR APPROVAL: ELLEN SMILEY Interim Executive D' ector, Personnel Services Agency OP ID: YC 44Corrn CERTIFICATE OF LIABILITY INSURANCE DA11128/2017Yg 11f28V2017 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(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 certificate holder In lieu of such endorsement(s). PRODUCER Nerver Insurance 649 W. Las Tunas Drive PO Box 1509 San Gabriel, CA 91778.1509 N-2018-032 WESLEY HAMPTON HOUSE CONTACT El ,lime Samarin PH Nfi 626.943_2237 _ u". Laq, Ne g,n: __- L wm: fi66•?89.1010 EMAIL AOORESS: jSam -0 IEBE-1aNBGCOm ID X:I-1EBE•1 CUSTOMER INSURER(S) AFFORDING COVERAGE NAIC_A INSURED Llebert Cassidy Whitmore _ INSURER A; Sentinel Insurance Company 11009 6033 W. Century Blvd. Los Angeles, CA 90046 INSURER e: Federal Insurance _ 20261_ _ INSURERC:Aspen Specialty Insurance 10717_ _ INSURER D: PeIGUS Insurance Company X INSURERS: 1219412017 12/14/2018.. IN ERF; e PERSONAL a AOV INJURY COVERAGES CERTIFICATE NUMBER: RFVI8ION 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. INSft LTR �ADOL TYPE OP INSURANCE POLICYNUMSER POLICY EFF MMICDNYY OLICY EXP MMIOD/YYYY LIMITS GENERAL LIABILITY EACHOCCURRENCE I 2,000.,00 PRET s's ETd 'EiI, pL_ s 11000,00 A X COMMERCIALG'ENERALLRMUTY �C1AIMS-MAOE L AJ OCCUR X -72SBAAK0318 1219412017 12/14/2018.. MEDEP(Anyoneperson) 5 10,00 PERSONAL a AOV INJURY 5 2,000,ODC GENERALAGGREGATE S 4,000;00 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY! F-1PR 1ECTO 1-1 LOC PRODUCTS -COMPIOPAGG _ T_ 4,000,00 $ AUTOMOBILE LIASILrrY. COMBINED SINGLE LIMIT (Ea aeaident) S 2,000;00 ANY AUTO--' BODILY INJURY leer parson) S ALL OWNEU AtfTOS BODILY INJURY IParacddenl) 5 A X SCHEOULEDAUTOS HIRED AUTOS 72SBAAK0318 12/1412017 12/14/2018 PROPERTY DAMAGE (PER ACCIDENT) _ $ A X NON-OWNEDAUTOB 72SBAAK0318 12/1412017 12114/2018 s )( I UMBRELLAUAa X OCCUR EACH OCCURRENCE $ 2,000,000 A— LIAR CLAIMS -MADE 7256AAK0398 1211412017 12114/2018 AGGREGATE $ 2,000,000 TE)XCSSS DUCTIBLE $ S TENTION S 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY ECUTIVE YIN PROPRJETORIPARTNERIEXECUTIVE (Mandatory in NH) If yes, describe under OESCRIPTONO OPERATIONS 1. NIA 175-05-95 04/01/2017 04/0912018 X WC STATU• 0TH: E.L. EACHACCIOENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,00 E.L. DISEASE POLICY LIMIT S 1,000,000 C Pfofessional,Liab. LRA9AF817 12/10/2017 12/1012018 Per Claim 6,000,00 D Professional Liab. XPL409238 AggregateA 5,0001,,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aeach ADOPT, 104,Add(tiona(Renarks Sehsdula, it mora spa.N. le4uead) -' ( ( A () FORM! Certificate Holder is named as an Additional Insured in regards to attached General Liability Form SS 00 OB 04 05, per written contract or agreement. CITYSAA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All riohts. reserved ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Policy Nurnber:72SBAAK0318 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any 1 "Bodily"property damage" () in1u or "' p pert y purpose by you, any of your that occurred; or "employees". "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company), organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with ,your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person is temporary custody of your property If you also an insured, but only with respect to liability die, but only: arising out of Che operation of the equipment, and only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal repnesentative has with respect to. been appointed. a. "Bodily injury" to a co -"employee" of the d. Legal Representative If'You Die person driving the equipment or Your legal representative if you die, but b. "Property damage" to property owned by, only wifh respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. s. unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally Incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this Insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co -"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, In the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement, Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organlzation(s) Identified in. only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of tie policy period, whichever is earl.... M TO FORM insureds wh n,yo r l a written �.ID lAt�A AS .il AIA <4Ctu,,c4 A-: � Form SS 00 08 04 05 _,sura A. Rossini :;lstant City Attoru "all;) 01 SV 03A011ddV Policy Number:72SBAAK0318 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision If such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by ua and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or Organizations) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (i i) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement, or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Form SS 00 08 04 05 Policy Number:72SBAAK0318 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) (1) Any state or political subdivision, but .1 occurrencewhich takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises a "Bodilyinjury", in) Y°, °grope ty damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional Insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (fi) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard", services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Policy Number:7298AAK0318 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a, or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations, is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. — Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, C. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by Fre, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the, caused by the same event, whether such "products -completed operations hazard" is damage results from fire, lightning or explosion the Products -Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 5, How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations, written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described In this Section. railroad. Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured underthis Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary, If other insurance is also primary, we will share with all that other insurance by the method described in c. __below. (b)!Primary And Non -Contributory — 'To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 Policy Number: 72SBAAK0318 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that Is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits, Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a, Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us, The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them, This condition does not _ apply to Medical Expenses Coverage. b. ;Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.