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HomeMy WebLinkAboutSTIPKOVICH, ELISAINSURANCE NQTREQUIREI A-2018-181 WORK MAY PROCEED CLERK Of' COUNC tl ltr ` ��� EXHIBIT I � 208 0" C"OAC_0 FIRST AMENDMENT TO CONSULTING AGREEMENT /A,rj- /qDr k.4 THIS FIRS' AMENDMENT TO CQNSULTINO AGREEMENT is made and entered into this 03vo day of August, 2018, by and between Elisa Stipkovich ("Consultant"), and the CITY OF SANTA ANA, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California ("Client"). RECITALS A. Client and Consultant entered into Consulting Agreement No. N-2017-154, dated August 3, 2017, to create an independent contractor relationship in connection with the services that Consultant may perform for Client with respect to negotiations related to the proposed project by Caribou Industries at Third and Broadway in the City of Santa. Ana ("said Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend Section 1 — Scope of Services, to update Consultant's scope of work, and Section 2 — Compensation, to increase the maximum amount of said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, Scope of Services, shall be amended to replace Exhibit A in said Agreement with Exhibit 1 attached herewith and incorporated herein by this reference. Upon commencement of this First Amendment, Consultant shall perform those services as set forth in Exhibit 1 to this First Amendment. Section 2, Compensation, shall be amended to increase the maximum amount of compensation by twenty-five thousand dollars ($25,000.00) such that the total sum to be expended under said Agreement shall not exceed fifty thousand dollars ($50,000.00) during the term of said Agreement. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the Parties have executed this First Amendment to Consulting Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO CityjRyO By: o geCity A torney RECOMMENDED FOR APPROVAL: STEVEN . MA ENDOZA Executive Director Community Development Agency CITY OF SANTA ANA RAUL GODIN I City Manager r0MRT TT TA MT- Page 2 of 2 s YOUR BUSINESS INSURANCE SOLUTION SPECTRUM© BINDER Prepared for: Elisa Stipkovich 500 High Dr Laguna Beach, CA 92651 POLICY LEVEL Liability Coverage .................................. Reference Number: 76SBUBC5868 - 000 Lindsay Kramer Specialized Sales Underwriter Specialized Sales Team Phone: 704-942-2708 Fax: 877-538-1130 Email: Lindsay Kramertthehartford com Offered through: Micro Business Page 2 This document is a binder of insurance for the applicant indicated above. It is not to be used as proof of coverage, unless bound by an authorized agent. CoveragedaysdsLl , effective By y bound for 300days08/14/2018 Lin.i�Y6iYf9eY f (Date) (Authorized Agent) WHY THE HARTFORD .200 years experience I 1 million customers I Named One of the World's Most Ethical Companies The Hartford is the market leaderfor small business with more than 200 years. of experience, trusted by over I million customers and rated 4.8 out of 5 by Small Businesses. Spectrum Binder oflnsurance with Sentinel Insurance Company A member company of The Hartford 811 412 01 8 - 811 412 01 9 Policy Level Liability Coverage Business Liability: Broad Form Named Insured includes subsidiaries in which greater than 50% of voting stock is owned by the Named Insured Defense Costs outside of the Limits of Insurance Employees and Volunteers included as Insureds Incidental Malpractice Mental Anguish resulting from bodily injury, sickness or disease Newly Acquired Organizations Non -Owned watercraft under 51 feet Per Location General Aggregate - owned or rented premises Personal and Advertising Liability Property Damage to borrowed equipment not being used to perform operations at the job site Unintentional failure to disclose hazards Additional Insured - Coverage is automatically extended to persons or organizations whose written contracts or permits with the insured require insurance to be provided Limits oflnsurance Included Premium Included $ Included $ Included $ Included $ Included $ Included $ Included $ Included $ Included $ 180 days $ Included $ Included $ Included $ Included $ Included $ Included $ Included $ Included $ Included Included Included Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Damage to Premises Rented to You $ 1,000,000 Medical Expenses $ 10,000 Hired and Non -owned Auto $ 1,000,000 Included Included 26 Included Included Included Included 160 Data Breach Responses Expenses Limit Includes the following: $ 10,000 $ 43 • Notification expenses Protection Class 0003 Class Code 65781 • Public Relation Expenses Consultant - Noe Area 250 Annual Sales/Receipts • Legal and Forensic IT Review • Good Faith Advertising Expenses • Services for Impacted Individuals (credit monitoring, help line, etc) Data Breach Deductible $ 1,000 Business Income Extra Expense Sub -limit - A $ 10,000 $ 19 waiting period applies Extortion Threats Sub -limit $ 10,000 $ 4 1 st Party Retroactive Date: 8/14/2018 Data Breach - Defense & Liability Limit $ 50,000 $ 78 Data Breach Deductible $ 1,000 3rd Party Retroactive Date: 8/14/2018 Defense costs apply within limits unless otherwise stated Policy Base Premium $ 135 Minimum Premium Difference $ 26 Terrorism $ Included $ 9 Location/Building Level Location/Building Information Location No./Building No. 001/001 Street Address 500 High Dr City, State and Zip Code Laguna Beach, CA 92651-1525 Protection Class 0003 Class Code 65781 Description Consultant - Noe Area 250 Annual Sales/Receipts $60,000 -9�tA 3 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Terrorism Coverage and Premium In accordance with the federal Terrorism Risk Insurance Act (as amended "TRIA"), we are required to make coverage available under your policy for "certified acts of terrorism." The actual coverage provided by your poliey(ies) will be limited by the terms, conditions, exclusions, limits, and other provisions of your policy(ies), as well as any applicable rules of law. The portion of your premium attributable to this terrorism coverage is shown in the premium section(s) of this quote proposal or binder. Definition of Certified Act of Terrorism A `certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of TRIA, to be an act of terrorism under TRIA. The criteria contained in TRIA for a "certified act of terrorism" include the following: 1. The act results in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to TRIA; and 2. The act results in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission; and 3. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Disclosure of Federal Share of Terrorism Losses under TRIA The United States Department of the Treasury will reimburse insurers for 85% of insured losses that exceed the applicable insurer deductible. Effective January 1, 2016, this percentage will be reduced to 84%, effective January 1, 2017 to 83%, effective January 1, 2018 to 82%, effective January 1, 2019 to 81 %, and effective January 1, 2020 to 80%. However, if aggregate industry insured losses under TRIA exceed $100 Billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. Cap on Insurer Liability for Terrorism Losses If aggregate industry insured losses attributable to "certified acts of terrorism" under TRIA exceed $100 Billion in a calendar year, and we have met, or will meet, our insurer deductible under TRIA, we shall not be liable for the payment of any portion of the amount of such losses that exceed $100 billion. In such case, your coverage for terrorism losses may be reduced on a pro -rata basis in accordance with procedures established by the Treasury, based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury's procedures, amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. Note to Producer on TRIA: The premium for terrorism coverage and the TRIA disclosures above must be provided to the insured or prospect at the time of quoting. If you are not using this quote proposal, you can use Hartford's stand-alone TRIA disclosure form for quotes and binders, which is available on the EBC or from the company. LAILA