HomeMy WebLinkAboutINTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA-RC) (CITY MANAGER) (2)INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:
TO ADMINISTRATIVE
INTERNATIONAL CITY
A-2015-023-04
THIS FOURTH AMENDMENT to the above -referenced agreement is entered into
on May L , 2022 by and between International City Management Association Retirement
Corporation, now doing business as MissionSquare Retirement ("ICMA-RC"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
(� 1Constitution and laws of the State of California ("City").
0'.+AK" r;�JCS'A)I RECITALS
N A. The parties entered into Agreement No. A-2015-023, dated January 20, 2015, that
N established a Vantagecare Retirement Health Savings Plan ("RHS") for the City Manager
.,.i classification and by which ICMA-RC agreed to provide administrative services for the
RHS account; ("Agreement").
B. On May 29, 2015, the Agreement was amended to change the definition of "spouse" to
reflect a change in the law;
C. On June 1, 2015, the Agreement was amended (A-2015-023-01) to change the percentage
of salary reduction;
D. On June 30, 2016, the Agreement was amended (A-2011-258-04) to change the RHS Trust
plan from Vantagecare to Vantage Trust II Multiple Collective Investment Funds Trust;
E. On May 1, 2019, the Agreement was amended (A-2015-023-02) to change the percentage of
salary reduction and to allow for additional leave accruals to be rolled over into the RHS
Plan;
F. The Parties agree to amend the Agreement to add insurance coverage requirements that
ICMA-RC was already providing.
The Parties therefore agree:
1. Section 14 regarding insurance requirements is added to the Agreement to read as follows:
14. Insurance
A. ICMA-RC shall provide the following minimum insurance coverages for this
Agreement:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $1,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
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project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2) Workers' Compensation insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
3) Professional Liability (Errors and Omissions) Insurance appropriates to ICMA-
RC's profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
B. If ICMA-RC maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or
the higher limits maintained by the contractor. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available
to the City.
C. The insurance policies are to contain, or be endorsed to contain, the following
provisions:
1) Additional Insured Status- The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the ICMA-RC including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to ICMA-RC's insurance.
2) Primary Coverage- For any claims related to this contract, ICMA-RC's
insurance coverage shall be primary insurance primary coverage at least as
broad as ISO CG 20 0104 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, or volunteers shall be excess of ICMA-
RC's insurance and shall not contribute with it.
3) Notice of Cancellation- Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4) Waiver of Subrogation- ICMA-RC hereby grants to City a waiver of any right
to subrogation, which any insurer of said ICMA-RC may acquire against the
City by virtue of the payment of any loss under such insurance. ICMA-RC
agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation, but this provision applies regardless of whether or not the City
has received a waiver of subrogation endorsement from the insurer.
D. Self -Insured Retentions- Self -insured retentions must be declared to and approved by
the City. The City may require ICMA-RC to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
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administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self -insured retention may be satisfied by
either the named insured or Entity.
E. Acceptability of Insurers- Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the Entity.
F. Claims Made Policies- If any of the required policies provide coverage on a claims -
made basis:
1) The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
3) If coverage is canceled or non -renewed, and not replaced with another claims -
made policy form with a Retroactive Date prior to the contract effective date,
ICMA-RC must purchase "extended reporting" coverage for a minimum of
five (5) years after completion of contract work.
G. Verification of Coverage- ICMA-RC shall furnish the City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage required by this clause) and a copy of
the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive ICMA-RC's obligation to
provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications,
at any time.
2. Except as modified by this Fourth Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to
the Agreement on the date and year fast written above.
ATTEST CITY OF SANTA ANA
Daisy Gomez as
Clerk of the Council ecutive Director
Human Resources Agency
[Signatures continue on the next page]
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APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
ICMA-RC
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Authorized Representattwe
NOTICE OF COMPLIANCE
Contractor
Mission Square Retirement
Name:
Project
A-2015-023-04
Number:
Fourth Amendment To Adimistrative Services Agreement With
Project
International City Management Association Retirement
Name:
Corporation (ICMA-RC)
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
EXPIRATION
TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME
DATE
MissionSquare
Retirement COI
BANKERS PROF. LIAB. 82116261 06/30/2023 08/03/2022
Exp 8-1-23
RMD08042022.pdf
MissionSquare
Retirement COI
GENERAL LIABILITY 36044995 08/01/2023 08/03/2022
Exp 8-1-23
RMD08042022.pdf
MissionSquare
WORKERS COMPENSATION AND EMPLOYERS' Retirement COI
71763685 08/01/2023 08/03/2022
LIABILITY Exp 8-1-23
RMD08042022.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team