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HomeMy WebLinkAboutCORNERSTONE COMMUNICATIONFEB 0 8 2021 (CMDR R0drtj,Yt2)(6 L3 5'JRA'rJOf_ ON FILE ";'�^,'F MAY PROOFEQ �.2o.tio11 cLeiKOFCUUNGI= or,Te December 10, 2020 David Valentin Police Chief Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Dear Chief Valentin: 001 CORNERSTONE cowl go It ITIONS N-2021-028 This letter is to set forth the terms on which Cornerstone Communications ("Cornerstone Communications"), will provide strategic communications services for the Santa Ana Police Department (SAPD). TERM AND COMPENSATION The term of this Agreement shall commence on January 1, 2021 and terminate on April 1, 2022. The parties may opt to renew for another one-year tern at the conclusion of engagement at the same rate exercisable by a writing from the City Manager and the City Attorney. Either party may terminate this agreement at any time upon thirty (30) days written notice. The parties agree that services provided and accepted by the City, as detailed in the Scope of Services section since April 1, 2020 through December 31, 2020, shall be paid by the City per the compensation terms provided below. The monthly service fee for the items outlined below is $2,000. The total not -to - exceed amount of this Agreement, including any extension period, shall be $48,000. At the end of each month, Cornerstone Communications will provide a statement for services rendered under this Agreement. In addition to the fees referenced above, SAPD will also pay reasonable and customary expenses incurred by Cornerstone Communications. For the purpose of this agreement, expenses shall include all reasonable expenditures for messengers, mail postage, freight and delivery cost, duplication and printing costs. Any expense over $500.00 shall not be incurred by Cornerstone Communications without SAPD's prior written approval. In addition, potential video, graphics and photography costs outside of BehindTheBadge.com activities will be agreed upon by both parties before those services such are performed. SCOPE OF SERVICES In exchange for the agreed upon compensation, Cornerstone Communications will provide the following services. Be available to respond to and assist SAPD with messaging, media relations and strategic counsel in the event of a critical incident or other crisis situation. Cornerstone will provide up to 12 (twelve) hours of service per month for the monthly fee above. Additional hours will be billed at $175/hour but only after receiving written permission from SAPD. At no time will Cornerstone undertake any additional work by billing any additional hours above the 12 (twelve) hours per month without the written permission from SAPD. 2. Report, write, photograph a minimum of one quarterly article about SAPD for BehindTheBadge.com. CONFLICT OF INTEREST If at any time a potential conflict arises with Cornerstone Communications' other clients, Cornerstone Communications will notify SAPD of the potential conflict. SAPD and Cornerstone Communications will discuss appropriate measures to address the potential conflict. AMENDMENT This agreement may be amended only by an instrument executed by the signed parties. Cornerstone agrees and understands that any extension or additional services requiring an increase to the not -to -exceed compensation amount detailed above is subject to approval by the Santa Ana City Council. INDEMNITY Neither party shall have any liability to the other for any lost profits or special, incidental, indirect or consequential damages, even if advised of the possibility of such damages. In addition, Cornerstone Communications shall not be liable for any liabilities, costs, and expenses incurred or suffered by reason of, or in any way relating to, this engagement other than as judicially determined to be caused by Cornerstone Communications own bad faith, willful misconduct or negligence. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (e) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Consultant shall supply City with a fully executed additional insured endorsement. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Please acknowledge your understanding and agreement regarding the terms of this engagement as described in this letter, by signing in the space provided below and returning it to Cornerstone Communications, P.O. Box 10246, Newport Beach, CA, 92658. Bill Rams Cornerstone Communications 9840 Research, Suite 200, Irvine CA, 92618 (949)200-6107 rL Agreed and accepted this � day of-9ecembet 202A j avutv- See attached signature page David Valentin Chief of Police Agreed and accepted this _ day of December 2020 N-2021-028 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA � r 1 Daisy Gomez I�RISTINE RID- Clerk of the Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney By: Tamara Bogosian �D v+ alentin Senior Assistant City Attorney Chief of Police Francine R.°oa,�hm, Villareal g,. m ACC> CERTIFICATE OF LIABILITY INSURANCE �' DATE (MMIDO YYY) 1 08/18/2020 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 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 endorsements. PRODUCER NextAssure Insurance Services 3151 AirwayAve F203 NAMEpCT Nanc Valle PHGNE 714258.2800 EA No: 714258-2820 ADDRESS: nancy.vallo@noxtassure.com Costa Mesa, CA 92626 INSURERS AFFORDING COVERAGE NAICp License #: OG81352 INSURERS: Travelers 25682 INSURED INSURERB: Arntrust North America 42376 INSURER c: CNA 60604 Cornerstone Communications & Public Relations Inc. PO Box 10246 Newport Beach, CA 92658 INSURERD: Scottsdale Insurance Company-41297 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 00000186-1024746 REVISION NUMBER: 127 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 ADDL SLIDE POLICY NUMBER POLICY Err M IDONYYY) POLICYEXP IMMIDDI LIMITS A X COMMERCIAL GENERAL LIABILITY 6806E535136 05/20/2020 06/2012021 EACH OCCURRENCE $ 2000000 CtAIMSMADE ❑OCCUR DAM M PREBEE EGE TO RocouD c $ 300,000 MED EXP A one arson) $ 5,000 PERSONAL &ADV INJURY $ 2,009000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4000000 SENT �( POLICY jE T LOG PRODUCTS - COMP/OP AGG $ 4,000 000 BPP $ 26.522 OTHER. A AUTOMOBILE LIABILITY BA-001R553052 07/09/2020 07/09/2021 OMBINEDIBIAGUE LIMIT $ 1000000 BODILY I WILEY(Per person) $ ANY AUTO OWNED SAUTOSCHEDULED AUTOS ONLY !t BODILYINJURY Feracddent) $ PROPERTY DAMAGE axitle 1 $ X HIRED NON-0WNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OMy FFICERIMEMBEREXOLUDED4ECUTIVE � (Mandatory In NH) NIA QWC1107762 05/20/2020 05/2012021 )t ISTATUTE ERµ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE_ $ 1,000,000 bo under ESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 C Errors and Omission 596695840 06/17/2020 0611712021 Occ/A99 1,000,00012,000,000 D EPL EKS3334112 06/07/2020 06107/2021 Agg. 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may W attached if more space is required) Those usual to the Insured's Operations. As respects to General Liability Coverage, Certificate Holder is an additional Insured per Form CG D1 05 04 94-Blanket AI.Owners, Lessees or Contractors, but only as respects to work performed by our insured. Blanket Waiver of Subrogation included per form CG D8420219. As respects to General Liability Coverage, coverage is afforded on primary & non contributory basis per Form CG T1000219. Scheduled Vehicle on auto policy: 2019 Ram 1500 Limited, 4DR Cab, 5.71- (VIN 1C6SRFHT4KN764348). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th floor Santa Ana, CA 92701 AUTHREPRESENTATIVE ©1988-2015 ACORD CO � RirlsMid w ser ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD ( REVIIv7EOSAPPaI Printed by N �' f4elc o�w P'.. _�ii ACOR" AGENCY CUSTOMER ID: 00000186 LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NextAssure Insurance Services NAMED INSURED Cornerstone Communications & Public Relations Inc. POLICY NUMBER NIA CARRIER Multiple Carriers NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM FORM City of Santa Ana, officers, agents, employees, and volunteers are named as additionally Insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any Insurance carried by City shall be excess and noncontributory. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. (2008101) ©2008 ACORD CO REVIEWED The ACORD name and logo are registered marks of ACORD _S ,R�nEvrEOSAr Printed by N ?�' ' v, f4mF c� P.,_ CORNERSTONE C VW V. U41 C III IN August 18,2020- City of Santa. Ana Risk Management. Division 20 Civic Center Plaza, e Floor Santa Ana, CA 92701 To Whom It May Concern: This letter is to clarify that, Cornerstone Communications did not own a vehicle when we originally entered into our agreement. Subsequently, we h Wee purchased a vehicle, a 2019 Ram 1500 Limited, and it is covered under our scheduled policy, Please letme know if have any questions, Regards, Jolty Christensen Cornerstone Communications 9840Itesearch, Suite 200,:Irvine CA, 92618 (940)200-6108 ra �= Rkk MW-Pneld DaiaM �"rt €REVIEWED&APPROZ 8 Y. l F.�A-a�lad�6 KI�.1CfiM1U.0 =_ {{lia M�1rnl�emerll Analyst �