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HomeMy WebLinkAboutCOOPERATIVE INSURANCE MARKETING ASSOCIATES, INC. - 1982-10-07THIS A PIE",ENT is made and entered. into by and etwven the CITY ;i'TI3uT31�uii, aunicipa3 eorzora4 in of the State,.} of California, herein called i x .. , and Q0PW!AT1VE INSURANCE N t• � n a vcr oration, herein ��TA*i�:T�`rf'� �1SS",�::TAT..� , INC. , a ail x • corn �.. A 4 = ; called '„'IOzlSULTANT. 11 ,`r i :.. RE1 9.i.FR.�t "` S WHEREAS, ^LTY is in need. �� �: ., U tang services tee revied s risk management er:i. rc Y^ar. and prepare s•ecot~��*�ndatitsns concerning the adr€iri :�tra at rc Arid improvement of the prygrall, and CONSUMANT desires to perf"cx'il, such : ervi ces.. 1,. The CITY retains C0!,STq,1."ANT and C"ONVLTANT accept x,. such e4q lc-ym,-nt and agree` := to perf orr2 c:t�e fc�l�.��ir�� services' valuate t, '" abilI ty, wor kPrs l c 5-,= nsation, aril group �"ei2 c claims administration sere �'� that are currently provided tO the b) Adarise the CITY a$ to the Vcst cG t effect'" ;.�:. manner of performing C�Ae claims a:dmiii. tr�t��n f��n�t',�n. �jyy iuuUtAik"yy!py y!�� ♦+ane4. .[ .: i�16�-- ®id11 �. 1[1191Ni l'R}�4` ,_ . .n .:•[` ,r e) Evaluate and advise the CITY in regard ter ;= ether aspects of the Ci'_'".c 1 s Risk Management prornam i Yt d n Administrator, as requested and: r� rep. e b;� the City Ad ir�,�.stratcr. 2. The QITY - nters into this agreement upon the--onsid- _r;A era.tion that Rod Sackstt, to employee or CONSVITAITT, shall serve as i n k, ' project manager, and. personally perf-,m all work required bythi. com-rat �-xce"pt here sui''pa"xt ca:i +br., prs,iv.E.wLed by City personnel and except for such speciall technical zomk,,tl1.Anfr. services as :gay be approved in advance, in writing, by thce -..ity Adriinistrator, If at any time Rod a--%ett ran longer serves as protect zmanaF�er, the CITY :i ll have ithe opton to terninate thl agreenent x aedia�.ejy by written notice. 3. CONXMITA111T agrees that r".ill der,: 3i!eents, Ci'?p.es, L'om--' pilations, reports, rotes, ,alaulatlons and other Instruments developed or utilized in the perf",, may e of this agreement shall be turned over to �IITY uT;Dn t�ae co.mr; eti ra )f the work.. rt:a�e 4, 1azba41 Cxcz."r:aIgn 'A staff .. iaord ln'at r to 1-'isark O1'.A�,c . dire tly with. Cu1,11SU ,f?':iN in c with the performance of this agreement , Ili cons lderwt Ion or the perP:c:4mance Of the-.�:rviees d above, CITY agrees to -ay 41ONSTULTANT at the rate of firty dollars 0501 per boar, howertrer, tatal cast of this contract shall not exceed Ilse sum of tmm thousand fire hundred dollars ($h 50 ) .. _ J Payment shall be made monthly upon written invoices stating the services performed the preceding month, 'Monthly involces shall :specify t1h@ work performed, the time required, and the per -sort who � wr formed the work. G fa. he parties anticipate that the work sball be pe'r-- ; or ed. w1thinfort-y-five 0 ) work ng days; however, the term or this onl ra.ct shall now xcead rr .net y ( ") nays from the date k.ont /Yitet{\riut ct�+.`s a.af2y��' tine i�. G.i.a Ws i. Y} u�;£ ef1 %.at-+#i. b+k.. date :.��,.'%'�.Akx thirty (3 ) days' written votice to the t-ov y rar , } a3♦ This g reem,ia nt Is a per�iorcal %#-r ilc iontracSay and the work as projec+tpmanager vrdergk this Pontrae: not beper- jr.�a�.l{ formed Vi. rr3, L' i«}�4,at: c, La �y'F.ton 1��'y eCti4.`�T 4: :theme i.+har. those aesIgnated herein without Vie; Written consent of the CITY. } General provia`R ��Y'n , .zzre of«- - s}%x''M ,�"a o F.xh'klbit "A",, attached hereto and Incorporated by z eferf,}rage a. c vy of which 's hereby Acknowlefted. 0, N2' T',, At,'- agree: •�\ be by and pe4*form the terms and provIsion th*'t are tzere� set x orth. DATED: a municipal corporation TTR a a By"� f--4- —aycr Exhibit "A" GENERAL PROVISIONS I.. Limitations. ,on3ultant shall have no power to incur obligations on behalf of the City for lator, water .al.s, services or other costs, witbout prior written consent of City. 2. Nondiscrimination. Consultant alr. ees that, in the per- formance of the terms of this agreement, he will not engage in, � nor permit his agents to era ,age in, discrimination in employment x of persons because of race, religious creed, color, nn-:icnal origin, ancestry, physa.cal handicap, wed;cal condition, :ilarita7. Status, or sex of such persons, except as provided in Government Lode Section 12940. ' Workers' Compensation. Consultant shall comely with all of the provisions of the Workers' Compensaw on Insurance and Safety Act or the State of 'California, the applicable provisions of Divi- sions 4 and 5 of the California Labor Code and all a:rmendvents t'herer,o, and all simi.tar sza.te or federal ants oT. laws appls le; and shall indemnify, &, end and nold harmless City from and � ;> against all claims, deninds, payments, sums, actions, proc.e ings and judgments of every nar::.re and description, including att. .,neys' fees and costs, presented, broat,h'; or recovered against City, for or on ac-ccur_t of any liability under any of said acts wh,lch may be incurred by reason of any work to be perfcrzeu by Consultant under this agree-ent. 4. independent Contractor. It is further understood and agreed that Consultant is , a.nd shall be, acting at all times as independent contras ttors hereon and not as eriployees of City Consultant shall secure at its expense, and be responsible for any and all payment of income ta, social security, state disability insurance coeTpensaticn, unenployment compensation and payroll deductions for Consultant and its officers, agents and employees ,and all. business Ucenwes, if ?;.,y, i.n c rer tion with the Services to be performed hereunder. -Told Harmless. C4,7ns1,t1t rt --,hal)- defend, indemnify ,knd hold harmleas City, its offic^.rs, a2;ent a and employees, from and against any and all: liability, judgments, damages, costs, losses, claims, inT�ludinr, Workers' Compensation claims, and expensees. resultiag ;'rom or connected with Consultant's .neegligenre or other lortious conduct in 1be performance of this agreement. 77 6. Insurance. Consultant agrees to fit-vnish to City evidence of a policy ref 3,nsurar ce satyr faotory to the City Attorneys and raintain such insurance in force rntil the completion of the work to be performed hot eunder, a general liability ineuranee policy in wh?:ch City is named as an additional ingared. The policy shall insure Consultant, its officers, agents and employees and City, its ► rficeps, av4 employees, wb le acting within the scope of their duties, against all claims arising out of or in connection with the work performed pursuant to this agreenerit. The policy- shall provide for not less than the following amounts: Combined single limit bodily injury and/or property damage of $300,000 per occur- rence. Such policy of insurance shall specifically provide that any other insurance earri:ad by City wrhich may be applicable shall be deemed excess and Co.nsultantls insurance primary despite any conflicting pro "isions in Consultants poliey to the contrary. kx _ 1. y Return Uriginal and Copy completed certificate to: CERTIFICATE Of- 'NSU RANCf Approver' as to. Form: City of Huntington Beach TO Gail Hutton ity Attorney Dept. Risk Management CITY OF WJN'TINGTON BEACH, CALIFORNIA P. t). Hox 77 t By: Huntington Beach, CA 92648 A MUNICIPAL COHPORATION .This is to certify that the pta,'icies of insurance at described below have been issued to the insurod by the u , signed and are in farce. at this time. If these policies are cancelled or Changed in ,,- ^ a manner, that will affect this certificate, the insurance company agrses to give 10 days prior written notice, by mail, to City of Huntington Beach P. O. Box 711, Huntington Reach, California 92W. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR rHANGE IN THIS FG'RM SHALL BE SIGNED AND DATEv BY Afa AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING 13Y THE CITY ATTORNEY, Name of Insured COoberative Insurance Marketing As Ociates Address afInsured P.O. Box 11055 Costa 14esa 92627 Location of Work:- Operations to he performed City Hall and 2308 L' a Linda Newport Deaeh Description of Work or Operations; 'Risk Management Consulting _ POLICY DAT[S LIMITS OF LIABILITY NAME �7F COMPANY _ Effective � EYphatn"or+ POLICIES IN FORCE POLiCYNO. to Tttiounands IG60i (iNSJ GENER4L LIABILITY COMPREHENSIVE FORM t;t-^ ~G.c L'Lc"r CSL PRI&MISES `OvPSRATIONS (I EXPA OStON AND q f fry'¢ �61f�O . l ` .y C• J, ��,1� a :.% E _ ir—�. r c�c'h Occurance CO:..,.APSE HAZARD J) 7 I 'I UNDERGROUND HAZARD PROC)UCTbCOMPL.ETEO I OPERATIONS HAZARD / - CONTRACTUAL I INSURANCE t i BROAD Forw _ PROFEnTY DAMt.+E f 'J INDEPENRENY CONTRACTORS ,04, PVRSONAt l:%JURY AUTOMOBILE LIABILITY I) COMPREHENSIVE FORM 11 OWNED g�st�r �. ta%(a CSL t J HiR6.D Each GcctIronce j�p P1t?N-OY'FN£(2 EXCESS LIABILITY t) UMBRELLA FORM Ll OTHER ;rlr/¢t. S UMBRA .�—A FORM M Vy0A'KERS' C 0MPeNSATION D!s 1% 9 yy jy j kvY t / �. w FNIPLO'YEAS' LIABILITY Addition-0 i.nsurei3'watsctrwh 11w Insurer rl mes I tit the Cit, of Humbigton Space and its City Council, andior all City Co;,ncil appointed groups, committees, corrtrttIOL-irts, lm,,,ands s,^rl any other City Council appoiotetl bodYY, andic-t elective and appoitt;ivs officers, servants or emplGy60S of the CSty of HuntUigton Beach, when a4bing as such art additional insuw4s hereunder, for the: sits of the insured, and such insurance shalt be primary to any insurance of the City of Huntington Beach, ris thalr interest may appear. Belo —.5 ..: .. AUTHORIZED REORESENTAT, !E OF INSURANCE COMPANY if iP�$UFtANd �OMPAN9' a t 7L By Name Lstdroml LACE' AIItSSCGYA; p r f 1— �r 7 t c;,I' l .rk `Iola hone city rr HOLD HARMLESS AGREEMENT Ito be executed by insurcdi The' insat(rdk grees to pR'atect, dslend, intlamnity, aavr a, Arid hold harmless the Cher of Huntington Beach its officer, agents, and ernotoyoes against any'-liabiiyty, lost, damage, cost, or expense by reason of an,' Ind all liability, suits, realms, tt snaridfs; ika3pnrtertts and caR tes of action cautw by tnture'�, his employees, xirients or any subcontramdr or by any third party arising out Of or in conse446nck of the performarn,e of all or �y rations r activity for which this certificate of insurance is furnished. "5'fi1irr ISriss�tarsitrF tZi f� *tlscvsr,Ic aI C . 141 r ROLOffitRttiLESSSIi3MDs By Insured. 40 olowr'0411 be orinl or typed 13y Ira^urod. ff I Ira iatprTWO t?ff wx rrttistsi n, at r+tsint m0deooa oP`artthcarrzattan to bind Corporation.