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HomeMy WebLinkAboutCATHY MOREHEAD AND ASSOCIATES 3A-2012INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-20'12-023-001 9-/--/AZ CLERK OF COUNCIL pp 2p?2 AMENDMENT TO CONSULTANT AGREEMENT b CC?f'} ?Z? M'THIS AMENDMENT TO CONSULTANT AGREEMENT, is made and entered into this ?30? ?by day of April, 2012, by and between Cathy Morehead and Associates (hereinafter "Consultant"), and the 1..0Y?'??? City of Santa Ana, a charter city and municipal corporation (hereinafter "City"). RECITALS A. The City of Santa Ana ("City") entered into a Consultant Agreement with Consultant dated February 8, 2012 (Agreement #N-2012-023), to retain a professional firm having special skill and knowledge in the field of color consultation, digital imaging, and photographic evaluations, and photographic design for parking structures. B. The parties desire to amend said Agreement to increase the compensation and extend the term thereof. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1 . Section 3 of the Agreement, "Compensation", shall be amended to include an additional Eight Thousand Dollars ($8,000.00) for a total not to exceed amount of Twenty Five Thousand Dollars ($25,000.00). 2. Section 4 of the Agreement, "Term", shall be amended to extend the term through June 30, 2012. 3. All other terms and conditions included in said Agreement shall have the same force and effect TN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written. ATTEST: `?11rL ??` / rte/ Gym Maria D. Huizar Clerk of the Council CITY OF S TA ANA ?_ Paul Walters Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ' - - By: ??, Lisi?t°orck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT ?oc?lir,«yY ?-_ By: Cat y Morehead Title: Principal By:`? a?rl uir ? ??a?lo Nancy T. Edwaqq PP, Interim Exec. Director Community Devb4opment Agency ACORO CERTIFICATE OF LIABILITY INSURANCE ?? DATE (MM/DD/1'1'YY) 3/23/2012 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requir¢ an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT EClm HU tChlna On ME: .7D Fulwiler 6 Co. Snsurance Inc. PHONE (503) 293-8325 FA 503 293 5418 , ) - /C Na' ( 5727 $W Macadam AVa E-MAIL kim@galescreek. tom ADD ESS' PO BOX 69508 INSURERS AFFORDING COVERAGE NAIO# Portland OR 97239 INSURERA American Casualt o£ Readin PA INSURED INSURER B : Cathy Morehead + Associates INBURERC: 2409 N Valencia St INSURER D: INSURER E Santa ASIA CA 92706 INSURER F: COVERAGES CERTIFICATE NUMBER:2011-2012 RFVISIt7N Nu MFiPR• 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 INSURANCE POLICY NUMBER POLICY EFF MM/OD POLICY EXP MMIDD/1'YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY REMISES Ea o^.-„ ante S 300 , 000 A CLAIMS-MADE ?X OCCUR X 4023017254 9/1/2011 9/1/2012 MED EXP (Any one parson) S 10 , 000 PERSONAL 8 ADV INJURY S 1 , DDO , OOD __ - GENERAL AGGREGATE S 2 , 000 , 000 __„_ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S 2 , OOO , 000 X POLICY PRO LOC ? AUT OMOBILE LIABILITY COMBINED IN LIMIT Ea acdCent E 1 000 000 A ANV AVTO BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS X 4023017254 9/1/2011 9/1/2012 BODILY INJURY (Per accitlenl) S X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE Per acclOent $ UMBRELLA LIAR OCCUR EACH OCCURRENCE E EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTIONS 1 S WO RKERS COMPENSATION 'a T'E' WC STATU- OTH- AND EMPLOYERS' LIABILITY x ???Q V ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N ri / 1. . J? OFFICER/M EMBER EXC LUDED9 ? N / A ? / ?ti'1-2, .. , ?-,_ EL EACH ACCIDENT S (Mandatory to NH) G, `- CK ,? E.L. DISEASE - EA EMPLOYE S u es.aescribeunGer A E S OR __ DESCRIPTION OF OPERATIONS below 1S EL DISEASE -POLICY LIMIT S Assistant I ?/ I: DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES (Attach ACORD t0'I, Adtlitlonal Remarks Schetlule, if more space Is required) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; it o££iclars, employees, agents and volunteers are named as Additional Snsured's and defense o£ suits arising £om ha operations and uses performed by or on behalf of the named insured per SB-146932- D attached. This insurance is considered primary and non contributing to any h®1d by the Additional ensured i£ a wrtten contract stating this is in effect- VCR 1 Ir'11.H 1 C r1VLVCK GANGF LLA I IC7N SHOULD ANY OF THE ABOVE OESCRIB ED POLICIES BE GANG ELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The CZty Of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Arla, CA 92702 AUTHORIZED REPRESENTATIVE Ki.m xutchinson/KIMti f? /"%-'7 f-%='-:???-s"lc7'z--%3?-? ACORD 25 (20'10/OS) ©1988-20'10 ACORD CORPORATION. All rights reserved- INS025 nrn nns? n+ The ACr'fRrT name Dori hni. ?ru ra,n:cturnA m?r4c ?f AGARIl CNp SB-146932-D (Ed- 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 7. ADDITIONAL INSURED -BLANKET VENDORS employees or anyone else acting on its behalf. However, this exclusion does not WHO IS AN INSURED is amended to include as an apply to: additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in [he usual course of business. in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2- does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended [o include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2. h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1 . Currently in effect or becoming effective during the term of this policy: and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additiohal insureds is limited as provided herein_ a. Additional Insured -Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting SB-146932-D APPROV3E17 AS TO r'???• (Ed. 07/09) ? Page 1 of 5 LISA E. STORCK Assistant City Attorney ?? SB-'146932-D (Ed.07/09) from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of [he additional insured. The insurance provided to the additional insured is limited as follows' (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to [heir liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased fo you and subject to the following additional exclusions: This insurance does not apply to: (i) Any "occurrence" which takes place after you cease to be a tenant [n that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes: marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB-'146932-D (Ed. 07/09) e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising ou[ of the ownership, maintenance, or use of a premises by you- This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests -Land is Leased An owner or other interest from whom land has been leased by you but on{y with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or I-'iR?R?3?TP:i? 1R.? `i'O FORM ??? Page 2 of 5 m LISA E. STORCK Assistant City Attorney ?/ 4 SB-146932--D (Ed. 07100) (2) Structural a{terations, new construction or demolition operations pertormed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are Insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the fotlowing additional exclusions apply: This insurance does no[ apply: (i) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of [he sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b, through h. above does not apply to "bodily injury" or "property __ damage" included within the "products-completed operations hazard." 3. The following is added to Paragraph H. of the ?" BUSINESSOWNERS COMMON POLICY CONDITIONS_ H. Other Insurance 4- This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, -_ contingent or on any other basis unless a _- written contract or written agreement __ specifically reguires that this insurance be -_ eTtTTer""- primary or primary and _= noncon n u mg_ ---? 4. LEGAL LIABILITY -DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k_ Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: i. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury [o a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply ifi the premises are "your work" and were never occupied, rented or held For rental by you. Paragraphs t, 3, and 4, of this exclusion do not apply to "property damage" (other -than damage by fire or explosion) to premises; (1) rented to you: (2) temporarily occupied by you wifh the permission of the owner, or (3) to the contents of premises rented [o you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D - Liability and Medical Expenses Limits of Insurance. SB-146932-D (Ed. 07{09) APPROVED AS TO FOR.lvf `? Page 3 of 5 ??.?T?.? LISA E. STORCK Assistant City Attorney ??? SB-'146932-D (Ed. 07/09) 5 Paragraphs 3. 4, 5, and 6 of this exclusion do no[ apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard" B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, 1, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7. or fewer consecutive days.. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C_ The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following; The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. Broad Knowledge of Occurrence The following items are added to E. B usinessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "soil" is known to_ (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 6. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any tirnc. which results as a consequence of the bodily injury, sickness or disease. 7. Expanded Personal and Advertising Injury Definition The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or et the direction of: a_ The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you area limitc>.d liability company) of the insured; and 2. Noi directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. B. The following is added to Exclusions, Section B. (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, tease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. SB-146932-D APPRPJV'?D AS SO F?dt?.??1 Page 4 of 5 (Ed. 07/09) lC ?'. LISA E. STORCI< Assistant City AttorTa•-r 5?,, SB-146932-D (Ed. 07/09) {76) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision (Expanded Personal and Advertising injury) doss not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, Expanded Persona( and Advertising Injury Coverage does not apply to poiicies issued in the stales of New York or Ohio. D_ This provision (Expanded Personal and Advertising Injury) does not apply f Personal and Advertising Injury Liabitityis excluded either by the provisions of the Policy or by endorsement. SB-'14fi932-D .AP?'ktC? Vk".]7 AS TO FO?TJi Page 5 of 5 (Ed. 07/09) i ?.D C ------??? 1_ISA E. STORt rneY Assistant City G'// Mitre-Ramirez, Norma From: Lomeli, Gabriela Sent: Thursday, May 10, 2012 10:37 AM To: Mitre-Ramirez, Norma Subject: RE: N-2012-023-001 Good Morning Norma, April 30t". Thank you. From: Mitre-Ramirez, Norma Sent: Thursday, May 10, 2012 10:25 AM To: Lomeli, Gabriela Subject: N-2012-023-001 Hello Gabby, What is the effective date of the attached amendment with Cathy Morehead and Associates? Norma Mitre Senior Deputy Clerk of the Council Clerk of the Council Office 20 Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, CA 92702 T: (714) 647-6520 F: (714) 647-6956 www.santa-ana.ore ? ?[I