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HomeMy WebLinkAboutMANAGEMENT PARTNERS 8MAYOR Miguel A. Pcdido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Senavides Vicente Sarmlento Jose Soiorto Sal71najem Juan Villegas a° �Metd> uvSURANCE ON FILE WORK MAY PROCEED UNTIL INSURA CE YPI}1 S 3+I � CLERK OF COUNCIL. DATE: JAN 0 82030 January 3, 2018 Andrew S. Belknap Regional Vice President Management Partners 3152 Red hill Ave, Suite 210 Costa Mesa, CA CITY OF SANTA ANA CITY MANAGER'S OFFICE 20 Civic Center Plaza, Mal . P.O. Bax 1988 Santa Ana, California 82702 714.0475200 a Fax 714-647-6954 Re: Worksho sn Facilitation Services Dear Mr. Belknap: N-2018-001 CITY MANAGER Rauf Godinez ii CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. Maria D. Hulzar This letter shall be our Agreement regarding the provision of Workshop Facilitation Services ("Services') to be provided by Management Partners C Consult€ent ), as an independent contractorto the City, of Santa Ana, City Manager's Office ("City'} for the EMT workshop on January 5, 2018. The term of this Agreement shall be for services on January 5, 2018 only. Consultant shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by prafessionals in the same discipline in the State of California, and consistent with all applicable laws, rules and regulations. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. City retains Consultant as an independent contractor and not as an employee. All additional personnel performing the Services shall also not be City employees and at all times shall be under the exclusive control and direction of Consultant. Compensation for the Services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the rate(s) described in Consultant's Proposal, attached as Exhibit A. However, unless expressly agreed in writing in advance by the City, the cost to the City for the Services shall not exceed $5,000. Consultant shall provide proof of commercial general liability, automobile insurance, workers compensation and errors and omissions professional liability insurance appropriate to its SANTA ANA CITY COUNCIL mavol APuNdo R oeu Martlnez Vteantu aarManln Jura sdmio P. narld&MOdaf Juan V06a5 Sal 17 w Mayo Mayw No Tan, Wom2 wadi Ward3 Wad4 Wada Wada yggmAenl4&11anWana.act a3f3:. p4Cl+aNtleaRDaanve gp;A.BYl1 Mkomwelemlag guim .Iv January 3, 2018 Page 2 profession to the City in amounts and with policies, endorsements and conditions required by the City for the Services, including naming the City as additional insured. Invoices shall be submitted to the City monthly as performance of the Services progresses. Consultant shall provide, at City's request, documentation of all charges contained in any invoice(s), City shall review and pay the approved charges on such invoices in a timely manner, The City may terminate this Letter of Agreement at any time with or without cause, If the City finds it necessary to terminate this Letter of Agreement without cause, Consultant shall be paid in full for those Services completed to the City's satisfaction prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only, following a minimum of ten (10) days' notice stating the basis for termination and providing an opportunity to cure. The Services to be performed by Consultant are intended solely for the benefit of the City, No person or entity not a signatory to this Letter of Agreement shall be entitled to rely on the Consultant's performance of its Services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Leiter of Agreement or the performance of the Consultant's Services hereunder. This Agreement may be amended only in writing signed by both parties, may not be assigned except with the City's prior consent, and shall be governed by the laws of the State of Cali£onria. Venue for any dispute resolution shall be in Orange County, California. If you agree with the terns of this Letter of Agreement, please sign and return this agreement so that we may make the necessary arrangements for you to begin work, The enclosed copy of the agreement is for your records. If you have any questions regarding this Agreement, please contact Robert Cortez, Deputy City Manager, at (714) 647-5200, CITY OF SANTA ANA Raul Godinez II City Manager i-4'2pis I_!nr CONSULTANT Signature ^T 17ate APPROVED AS TO FORM Laura A. Rossini Senior Assistant City Attorney SANTA ANA CITY COUNCIL Miguel A Pu9tla MchNe WHIraz VIMAo So"Wenlo dose salads P. 000d 6exavide, Juan V.11"05 sal innalaro Wy. Wye, Pm Tam, Wald 2 WomI Wool Wed Want Wat16 Ow1w2flaamm- a.am I ,§&ata•aftl.fm usaRNanfa(RttxY gkem1tl gapja anO OM (V1�fa¢aRf&%xnfx.arlp gg alnfi er .g�q� Management ` Partners January 2, 2018 Mr, Raul Godinez City Manager City of Santa Ana 20 Civic Center plaza Santa Ana, CA 92701 Clear Mr. Godinez: Exhibit A Thank you for the opportunity to provide a proposal to facilitate a half day workshop on January 5 for you and your executive management team (EMT). We have the experience and skills to assist the City with this important work. Jan Perkins, Senior partner, will serve as facilitator. Understanding of the Engagement The City of Santa Ana, like many other communities, will be addressing financial challenges in its upcoming budget. You and your team are interested in a collaborative process of setting priorities, as well as one that strengthens the executive management team (EMT). You contemplate a series of half-day workshops with the EMT. January 5 will be the first workshop. For the workshop, Jan will carry out the following tasks: Create an agenda and discuss it with you and/or Deputy City Manager Robert Cortez. Prepare workshop materials and advise on materials to be prepared by City staff. » Advise on workshop logistics. Facilitate the workshop. Prepare a summary of the workshop discussions, agreements and next steps. Facilitator Jan Perkins, Senior Partner, will serve as facilitator. Her qualifications are provided below. JAN PERKINS, SENIOR PARTNER Jan Perkins has 30 years of management experience in local government, Before joining Management Partners in 2005 she served in several California and Michigan jurisdictions, including as city manager in Fremont and Morgan Hill, California. She also served the cities of Santa Ana, California, Grand Rapids, Michigan; and Adrian, Michigan. She provides assistance 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 8615400 • FAX 513 8613480 2107 NORTH FIRST STREET, SIATE470. SAN JOSE, CALIFORNIA 95131 .4084375400 • FAX 4084536191 3152 RED HiLLAVENUE, SUITE 210 . COSTA MESA, CAUFORNIA 92626 • 949 2221082 • FAx 408453 6191 Mr. Raul Godinez page 2 to government leaders in organizational analysis, leadership development, facilitation, strategic planning, teambuilding, executive performance evaluation, and policy board/staff effectiveness. A sampling of clients she has served includes the Counties of Monterey, Santa Barbara and Ventura; and the Cities of Garden Grove, Santa Ana, Laguna Beach, Newport Beach, Tustin, Orange, San Juan Capistrano, Stockton, Santa Rosa, Seal Beach, Huntington Beach, Santa Maria, Pleasanton, Martinez, Benicia, Vallejo, Concord, Hayward, and San Jose. Jan is a frequent speaker at conferences and has authored a number of articles on leadership, executive performance evaluation, ethics and successful hiring strategies. Jan holds an undergraduate degree in sociology and a master's of public administration from the University of Kansas. She completed the Program for Senior Executives in State and Local Government from Harvard University and is an ICMA Credentialed Manager, Fee Proposal Management Partners will invoice on a time and expenses basis. We will charge $720 per hour for Jan Perkins' time. If other consultants are utilized, they will be charged their regular hourly rates ranging from $75 to $220. We anticipate spending 14 to 20 hours on the scope of work described above, for $4,500. We would enjoy working with you on this important process. Please feel free to contact Jan Perkins at 949-202-8870 or me if you have any questions. Sincerely, 10 � Id, Andrew S. Belknap Regional Vice President Accepted for the City of Santa Ana by: Name: Title: V Date: 4- r4 i& N J!E�?Op® CERTIFICATE OF LIABILITY INSURANCE Dq 1/5/2018 V) 115/2018 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 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 endorsement(s). PRODUCER HAUSER 5905 E. Galbraith Rd Suite 9000 _;0;A6 TE ACT VICKI Dixon 45-9200 AIC NO), 513-745-9129 R.P.nooaesvdixon thehauser rou .com Cincinnati OH 45236 INSURERS AFFORDING COVERAGE NAIC4 SKS57626057 INSURER A: Ohio Security Insurance Co 24082 EACH OCCURRENCE $1,000,000 INSURED MANAG-2 Management Partners, Inc. 1730 Madison Road INSURER B: American Fire & CasualtyCO 24066 INSURER C: The Ohio Casualty Ins. Co. 24074 INSURER D: Continental Casualty Co. 35289 Cincinnati OH 45206 INSURER E: CLAIMS -MADE FxI OCCUR INSURER F. COVERAGES CERTIFICATE NUMBER: 1397837418 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. NSR LTR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF MIDDIYVYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY SKS57626057 3/1/2017 3/1/2010 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITYDAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $15,000 CLAIMS -MADE FxI OCCUR PERSONAL &ACV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 X POLICY PRO LOC OHIO STOP GAP $1,000,000 B AUTOMOBILE LIABILITY BAA57626057 3/1/2017 3/1/2010 COMBINED SINGLE LIMIT Ea accident 1ppp OpO BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ C X UMBRELLA LIAB X OCCUR U3057826057 3/1/2017 3/1/2018 EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$0 $ A WORKERS COMPENSATION XWS57826057 3/1/2017 3/1/2016 XWC STATU- OTH- ANDEMPLOYERS'LIABILITY YIN E.L. EACH ACCIDENT $1,000,000 ANY OFFICERIMEMBER EXCLUDED? ECUTIVE NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D Mgmt. Prof. Liability Deductible 596801719 6/20/2017 311/2018 Mgment Use Profess. $1,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace Is required) Umbrella Policy follows farm to the General Liability and Auto Liability Policies The City of Santa Ana its officers, employees, agents, volunteers and representatives are Additional Insured per General Liability Blanket Additional Insured endorsement CG 88 10 04 13. Subject to signed written contract, policy terms, conditions, and exclusions. 'fwbe�l`CoY� � CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza M31 AUTHORIZED REPRESENTATIVE PO Box 1988 Santa Ana CA 92702 ' �G�'i.1.C1.1� © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and N (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to 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 III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. s The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Di 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the 'products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8