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HomeMy WebLinkAboutLIEBERT CASSIDY WHITMORE (2)N-2019-055 1' Si,AA JCE ON FILE bk'()F4if mpy PROCEED IIttT1tlNSUR W,EEXPiRES EXHIBIT 2 SA370 � i,l 2019 V% ; AQ Pu 1VTFTh"T TOR SP1 CTAD SEMC; S ® La sit This Agreement is entered into between the City of Santa Arra, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of LIEBERT CASSIDX MITMORE, A Professional Corporation, hereinafter referred 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; Attarnev's Services{ During the year beginning January I; 2014, Attorncy will provide the following services to Agency (and the other aforesaid public agencies); Six (6) days of group training workshops covering such employment relations subject's as management rights and obligations, negotiation strategies, employment discrimination said affirmative action, employment relations from the perspective of elected officials, performnnce evaluation (administering evaluations), grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current oomf, 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 (coal 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 Lieber( Cassidy Whitmore material in other trainings or formats without the express written pormission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions; 2. 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) at- advice on on-going legal matters. The caller will be Informed if the question exceeds the scope of consortium calls, 3. Providing of a monthly newsletter covering employment relations developments. 4. Annual Access to Premium Licher( Library Services. Fee., Attorney will provide these special services to Agency for a foe of Four Thousand Two Hundred Sixty -Five Dollars and Fifty Cents ($4,265,50) payable in one payment prior to March 1, 2019. The foe, if paid after March 1, 2019 will be $4,365150!' 25F-11 ATTEST: e NORMA MITRE sem" Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney FOR APRROVAL: Executive Dired%r of Human Resources CITY OF SANTA ANA STEVEN MENDOZA Acting City Manager [Signature page-Liebert Cassidy Whitmore Consortium Agreement] 25F-13 25F-14 CERTIFICATE �t C f'1C LIABILITY �+� 1 OP ID:' CERTIFICATE OF INSURANCE nnretMMmorrYrvr 11rDgr2n19 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 policyges) 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 ondorsomentts). INSURED Agcy 6033 W. Century Blvd. 5th Fir Las Angeles, CA 00045 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. _ ___ ........_ ...._..._,_ INBR _W __—� mm� POLI Y EFF T Y 7(P L TYPE OF INSURANCE POLICY NUMBER � LIMITS '01 A S Y of GENERAL LIABILITY 20 Civic Center Plaza P.O. Box 1988 AUTHORRED REPRESENTATIVE Santa Ana, CA 92702/ EACH OCCURRENCE $ 2000,00 A X COMMERCIAL GENERAL LIABILITY X 7288AAK0318 12114/2018112,H412019 - DRFArSE'rO`R`S'RY€6` � $ _CWMSMAOE l X OCCUR i _JP_ MED. EXP(Ar yi ono Porsunl _1,000_100 S 10,09 AJ PERSONAL A ADV INJURY $ 2,000,_00_ _ OENERALAGGRCGATE_ $ 4,000_,_00 GENE AGGREGATE LIMITAPPLIES PER: _PRODUCTS, _ $ 4,000,00. IN PNC- X POLICY 1-1 LOC $_.._....__._..____ LIASIU ..a.. COMBINED SINGLE LIMIT $ 2,090,00 (E ccid¢ny ANY AUTO BODILY INJURY(Perpers ) $ �- ALLOWNEDAUTOS BODILY INJURY (Re rre, cdenQ $ SCHEDULED AUTOS PROPERTY DAMAGE $� A X HIRED AUTOS I 72SBAAK0318 1211412018112114/2019 (PeRACCIDEND A X. NONAWNEDAUTOS 72SSAAK0318 1211412018112/1412019 S X UMBRELLA LIAR X OCCUR s[7.1 EACH OCCURRENCE $ 2,000,09 A ____________ EXCESS LIAR CLAIMS-MIAGGREGATE -- BAAK0318 12/14/2018 12114/2019 —_— $ 2,000,00 ..._.�.._..........__�„.. DEDUCTIBLE —” s X RETENTION s 10,000 $ WORKERS COMPENSATION ....._.. X 4c STA' OTH ANOEMPLOYm8'LMSUJTY YIN I SORY.L1hitla yW _ I3 ANYPROPRIETOR)NARTNER]E%ECVTIVE r� 7175'05-9$ 04/91%2918104101/2019 ELEAGtIAGCIDENT 00 $ 1009,09 OFNCERIMEMSER EXGLUUE04 l^,J (Mandatory In NH) NIA - FL. OISEASE6A EMPLOYEE — $ 11--_000,00 (yes, describe under DESCRIPTION OF OPERATIONS bolo. -..-.--.-. _ — _._, B.L: tlISEA$E- POLI CY LIMIT ___ $ 11000,00 C Professional Lieu. l LRA9AF817 1211012018;12/10/2019 Per Claim 5,000,90 D Cyber Liability WN183087 12106/2018]12/09(2919 Per Claim 3,900,00 DESCRIPTION OF OPERATIONS ) LOCATIONS f VEHICLES (Mach ACORC 101, Addltlonal Rommk9 schadulu, if mom apace Is re Hind) _ Certificate Holder is named as an Additional Insured in regards to attached General. Liability Form SS 00 08, per written contract or agreement. CERTIFICATE HOLDER - CANCELLATION CiTY5AA SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit $an1N Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y of ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza P.O. Box 1988 AUTHORRED REPRESENTATIVE Santa Ana, CA 92702/ ©19882009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Policy Number:72S13AAK031.8 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 exorcised for any (1) "Bodily Injury" or "property damage" 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 A. Operator Of Mobilo Equipment Any person (other than your "employee" or With respect to "mobilo 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 also an Insured, but only with respect to liability temporary custody of your property If you arising out of the operation of the equipment, and die, but only; only if no other Insurance of any kind is avallable (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 representative has with respect to: been appointed. a. "Bodily injury" to a co-"omployee" 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 with respect to duties as such. That rented to, in the charge of or occupied by representativo will have all your rights and you or the employer of any person who is duties under this insurance, an Insured under this provision, a. Unnamed Subsidiary S. 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 fart. your permission, Any other person or The insurance afforded herein forany 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 llabllity. 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 darnage" 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 8. 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 parson(s) or organizations) 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 the Insureds when you have agreed, in a written policy perlod, whichever is earlier; and Form SS 00 08 04 05 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 perinit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision If such product; person or organization is Included as an additional insured by an endorsement Issued (g) Products which, after distribution by us 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, partt or ingredient of any additional Insured coverage grants In Section other thine or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (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" arlsing own acts or Omissions or those of out of "your products" which are distributed is employees or anyone else or sold the regular course of the vendor'ss vend acting on its behalf. However, this businesss and only If this Coverage Part exclusion does not apply to: provides coverage for "bodily Injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs (d) or (fl; or "products-ocmpietod operations hazard". (11) 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 dons not apply to; course of business, inconnection with the distribution (a) "Bodily injury" or "property or sale of the products, damage" for whioh the vendor is (2) This Insurance does not apply to any obligated to pay damages by reason of the assumption of Insured person or organization from liability Ina contractor agreement, whom you have acquired such products, This yXCor does hot apply to or any Ingredient, part or container, f lability far damages that the entering into, accompanying or vendor would have in the absence containing such products, of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (f) 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 s8 00 08 04 05 Form SS 00 09 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) Any state or political subdivision, but "occurrence" which 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) "Bodily Injury", "property 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 organization who O Any other person construction or demolition is not ani n under Paragraphs a. operations performed b or on p P Y . ab 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. (1) 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 (Ii) 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, dll "Bou Y Injury", Y" "property damage" or reports, surveys, field orders, ra p Y " personal and advertising Injury" change orders, designs or arlsing 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 09 04 05 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, Inspection, architectural or engineering activities. The limits of Insurance that apply to additional Insureds are described In Section R, — Limits Of Insurance. How this insurance applies when other Insurance Is available to an additional insured Is described In the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of; a, Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "sults". 2. Aggregate Limits The most we will pay for; a. Damages because of "bodily Injury' and "property damage" included In the "products -completed operations hazard" Is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily Injury", "property damage" or "personal and advertising Injury", Including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises Involving the same or connecting lots, or premises whose connection Is interrupted only by a street, roadway or right-of-way of a railroad, Policy Number.72SBAAK0318 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3, Each Occurrence Limit Subject to 2,a. or 2,b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" Is the Liability and Medical Expenses Limit shown In the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person Is the Medical Expenses Limit shown In the Declarations. A. Personal And Advertising Injury Limit Subject to 2,b, above, the most we will pay for the sum of ail damages because of all "personal and advertising injury" sustained by any one person or organization Is the Personal and Advertising injury Limit shown in the Declarations. S. Damage To Premises Ranted To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, While rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Promises Rented -To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of; a. The limits of insurance specified In a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not In addition to the Limits of Insurance shown in the Declarations and described In this Section. Form SS 00 08 04 05 (8) 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 addlkional 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 under this 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 riot 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: 72SBAAIt0318 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 ail 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.