HomeMy WebLinkAboutICMA-RC ADMINISTRATIVE SERVICES AMENDMENT (COTC, CHIEF OF POLICE, EMT)INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:
AMENDMENT TO ADIVIINISTRATIVE
TERNATIONAL CITY
A-2015-022-02
T141S SECOND AMENDMENT to the above -referenced agreement is entered into
on May 1 2022 by and between International City Management Association Retirement
Corporation, now doing business as MissionSquare Retirement ("ICMA-RC"), and the City of
a..H S) (5A) t
RECITALS
under the
A. The parties entered into Agreement No. A-2015-022, dated January 20, 2015, that
N established a Vantagecare Retirement Health Savings ("RHS") Plan for the Clerk of
w Council, Chief of Police, and unrepresented Executive Management classifications and by
,.y which ICMA-RC agreed to provide administrative services for the RHS accounts;
� ("Agreement").
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� B. On May 29, 2015, the Agreement was amended to change the definition of "spouse" to
reflect a change in the law;
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C. 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.
D. 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
ICMA-RC shall provide the following minimum insurance coverages for this Agreement:
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 project/location (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit.
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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-hisured 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
administration, and defense expenses within the retention. The policy language
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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.
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2. Except as modified by this T4Th'*d Amendment, all terms and conditions of the Agreement
shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this T4tirS Amendment to the
Agreement on the date and year first written above.
ATTEST 0,
Daisy Gomez
Clerk of the Council
[Signatures continue on the next page]
CITY OF SANTA ANA
Jaso o sick
cutive Director
Human Resources Agency
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APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
ICMA-RC
ame: Rica ^Farquhar
Title: �estieFl;a�ccre t�Yfve
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NOTICE OF COMPLIANCE
Contractor
Mission Square Retirement
Name:
Project
A-2015-022-02
Number:
Second Amendment To Administrative Services Agreement
Project
With 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