3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 6th DAY OF DECEMBER 2022.
Rhonda Shader, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
1, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 6th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: Green, Smith Yamaguchi, Wanke, Shader
Councilmembers: None
Councilmembers: None
Councilmembers: None
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-84
TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES & INFRASTRUCTURE DECEMBER 6, 2022
SUBJECT: PURCHASE OF SB 1383 COMPLIANCE REPORTING SOFTWARE FISCAL
IMPACT: EXPENSE: $ 56,000 SOFTWARE SUBSCRIPTION PURCHASE AND IMPLEMENTATION (3 -YEAR SUBSCRIPTION)
BUDGETED: $ 73,147 CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT (833593-6365)
SUMMARY:
In September 2016, Governor Brown signed into law Senate Bill (SB) 1383 establishing methane emissions reduction targets for short-lived climate pollutants in various sectors of California's economy. SB 1383 establishes an unfunded mandated target to achieve a 50% reduction in statewide disposal of food and landscape waste into landfills from 2014 levels by 2020 and a 75% reduction by 2025. SB 1383 prescribes specific actions local jurisdictions must take to reduce short-lived climate pollutants related to solid waste collection and processing and includes new stipulations upon acceptable waste segregation and processing practices, as well as City procurement and reporting responsibilities.
In January 2022, the Department of Resources Recycling and Recovery (CalRecycle) solicited applications from for all jurisdictions in California to apply for the SB 1383 Local Assistance Grant Program. This program is a one-time non-competitive grant program meant to provide funding to local jurisdictions to assist with the implementation of regulatory requirements associated with SB 1383. The City applied for funding to assist with SB 1383 compliance requirements and was awarded a grant of $73,147 in April 2022. Staff is recommending the purchase of Minerva®, a cloud -based software provided by MSW Consultants, Inc. for SB 1383 compliance reporting and record keeping.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a Service Agreement with MSW Consultants, Inc. for SB 1383 compliance reporting and record keeping software subscription purchase and implementation in an amount not to exceed $56,000; and
1.0. Dec 6, 2022
City Council Agenda
December 6, 2022
2. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract not to exceed amount, or $5,600; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
There is no specific City Council adopted 5 -Year Strategic goal or objective related to this agenda item.
DISCUSSION:
On January 1, 2022, SB 1383 became effective, requiring the City to have a mandatory recycling ordinance in place by that date, and provide an organics collection service to all residents and businesses. From 2022 to 2023, SB 1383 will allow the City to take a non -punitive approach to enforcement and during this time period the City will take an educational approach and work with Placentia residents and businesses to inform them of the Ordinance requirements. However, the City must begin taking punitive action against non-compliant entities starting on January 1, 2024.
SB 1383 makes local jurisdictions directly responsible for the following actions, beginning on January 1, 2022:
• Provide organic waste recycling services to all residents and businesses. • Inspect covered entities and enforce compliance with SB 1383 by adopting an enforcement ordinance before January 1, 2022. This ordinance must match State -developed standards, including a minimum fine structure.
• Conduct outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and city/county departments. • Establish a food recovery program to recover edible food from the waste stream. • Perform capacity planning covering 15 years for organic waste diversion from landfills. This includes estimating organic material processing and food recovery capacity available to the City and creating a plan to fund expansion if capacity is not sufficient. • Procure recycled organic waste products such as compost, mulch, and renewable natural gas.
• Maintain accurate and timely records of SB 1383 compliance for annual reporting.
To date, the City has taken several actions to meet the requirements of SB 1383. On December 7, 2021, the City Council adopted Ordinance 0-2021-12, which amended the City's municipal code to implement the requirements of SB 1383. Last year, the State passed SB 619, which allowed cities to apply for a compliance extension and avoid administrative penalties for non-compliance of SB 1383. In February 2022, the City Council authorized the submittal of a Notice of Intent to Comply under SB 619 and it was subsequently approved by CalRecycle. As a result, the City is on track to be fully compliant by January 1, 2024.
City Council Agenda
December 6, 2022
To assist in the implementation of the City's SB 1383 compliance programs and to plan for future compliance, Staff is recommending the purchase of Minerva® with the grant funding received from CalRecycle. Minerva® is a cloud -based software platform designed to track State -legislated, regulatory compliance record keeping and reporting related to SB 1383 organics recycling requirements. Data to be tracked includes organic collection services, contamination minimization, waivers, inspection and enforcement, education and outreach, edible food recovery program, and organic material procurement.
Currently, there are only two (2) software plafforms available to assist cities in meeting California's SB 1383 jurisdictional requirements: 1) Recyclist Program Tracker by Recyclist and 2) Minerva® by MSW Consultants. Both plafforms have been developed with consultation and feedback from CalRecycle to ensure the software is up -to date with regulatory requirements and compatible with the City's solid waste hauler data. Staff received proposals and demo presentations from both companies. The table below provides comparison pricing for the two software plafforms.
Year Recyclist Program Tracker Minerva®
Year 1 $38,900 $14,000
Year 2 $28,900 $20,000
Year 2 $28900 $22,000
Total $96,700 $56,000
After reviewing the proposals and presentations, Staff determined that Minerva® provided the best value and resources utilizing the available grant funding. This software will be used internally by Staff to complete comprehensive jurisdictional recordkeeping and reporting for SB 1383, meeting all CalRecycle's jurisdictional recordkeeping and reporting requirements. Staff has received approval from CalRecycle to purchase Minerva® using the SB 1383 Local Assistance Grant. Therefore, Staff is recommending approval to purchase a three-year subscription to Minerva®.
FISCAL IMPACT:
The implementation, licensing, and initial purchase costs amount to $56,000 and will be paid up front from the SB 1383 Local Assistance grant funds to cover the three (3) year subscription service. The grant has an expenditure term of two (2) years and to maximize the available funding, Staff has received approval from CalRecycle to prepay a three-year subscription for Minerva® using the grant received under SB 1383 Local Assistance Grant Program. This recommended action will allow the City to swiftly implement the software and meet SB 1383 compliance reporting requirements. Prior to the end of the three-year subscription, Staff will evaluate the performance of the software and present future subscription contracts for the City Council's consideration.
City Council Agenda
December 6, 2022
Prepared by:
6.1fgbrrison
Senior Management Analyst
Reviewe
Reviewed and approved:
Jennifer Lampman
Director of Finance
pproved: Reviewed and approved:
Luis Estevez
Deputy City Administrator
City Administrator
Attachments:
1. Proposal from MSW Consultants, Inc.
2. Service Agreement with MSW Consultants, Inc
MliII
CONSULTANTS
SOLID WASTE CONSULTANTS
TO LOCAL GOVERNMENT
November 07, 2022
Ms. Cathy Nguyen
Environmental Services Coordinator
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
Dear Ms. Nguyen:
MSW Consultants is pleased to submit this proposal to furnish Minerva° recycling compliance software to the City of Placentia. As you know, the current CalRecycle SB 1383 regulatory environment requires extensive tracking, reporting and communication. Minerva° is a technology solution that provides transparency to the commercial recycling process. As we discussed at our demo, Minerva° enables the City to coordinate compliance activities among City staff, hauler staff, and outreach consultants. Minerva° is also able to serve as the City's SB 1383 Implementation Record.
This proposal will remain in effect through December 31st, 2022.
We appreciate this opportunity to submit this proposal. If you have any questions, please call me at (951) 973-0024 or email me at [email protected].
Sincerely yours,
Craig Stroud, CPA
Program Manager, MSW Consultants
41760 Ivy St., Suite 203, Murrieta, CA 92562
(951) 973-0024
www.msw-consultants.com
Features of Minerva°
Reporting
• Compliance Dashboard with visual status indicators, EAR metrics, and simple 1 click filtered reports for SB 1383 (SLCP), AB 1826 (MORe), and AB 341 (MCR). • Advanced, transparent, generator location based reporting accounting for all active accounts and services a generator may have, even multiple haulers. • Reports can be exported as .xlsx or .csv files or can be printed directly from the browser.
• Reports can be filtered by hauler, or by as many as 50 or more other variables, allowing quick and specific customizable reports.
Compliance Tracking
• Tracks the SLCP, MORe, & MCR compliance status of individual commercial waste generators by location and account.
• Tracks the organic material types generated and the recycling status for each, ensuring that all non-waivered generators have the containers needed to recycle all organic waste generated.
• Identifies which generators recycling have a SLCP 1, 2, 3, or 3+ container collection system, and tracks MORe & MCR alternative compliance methods like self -hauling and 3rd party recycling.
• Integrated waivers and exemptions, with status monitoring, issue date tracking, and automatic compliance updates.
• Let's users identify edible food generators and assists with determining Tier 1 or Tier 2 commercial status, and reports on edible food generators for SLCP. • Let's users enter edible food recoverers, link generators to recoverers, and report on recoverers within a jurisdiction.
Education and Outreach
• Location linked assets such as notes, photos, documents, waivers and more that remain accessible even as haulers change account numbers or info, or services. • Facilitates mobile site visit documentation, uploading of documents and photos right from a tablet or phone.
• Outreach history per location independent of hauler billing system account level changes.
System Capabilities
• Microsoft Azure, cloud -based, encrypted, data protection and backup. • Designed for use on desktop, tablet, and mobile.
• We create hauler specific data schemas allowing haulers to quickly export and provide consistent data using their existing reports for import. No more templates to fill out. • Multiple user roles and permissions for detailed access control and collaboration.
On -boarding Process
During the setup and on -boarding process, our staff will:
• Schedule a kickoff meeting with the jurisdiction to coordinate the on -boarding process • Work with staff and haulers to obtain data import using an existing hauler report, and gaining an understanding of the available containers and materials by jurisdiction • Create hauler specific data schema to import service data consistently over time • Setup user roles and establish user access via established jurisdiction or company email • Setup and train users on full functionality of the system Product Roadmap
As part of its subscription, the City will enjoy enhancements to Minerva° at no additional cost during the term of the contract.
Pricing
Pricing Element
Annual software cost:
Year 1 Year 2 Year 3
$14,000 $20,000 $22,000
• Includes four (4) uploads per year
• *Additional uploads $500 per upload.
o *Requires consistent hauler report. $500 per new report setup on system • Unlimited users
• User training provided
• Technical support Monday through Friday 9-5
*Planned roadmap upgrade - data importation by user - free of charge (requires consistent hauler report)
Minerva° SaaS Services ORDER FORM
Customer: City of Placentia
Address: 401 E. Chapman Ave.
Placentia, CA 92870
Services: Minerva subscription ("The
Services")
Service Capacity: To provide for CalRecycle
regulatory solid waste recycling compliance
for commercial waste generators with 4 Data
Imports per year.
Service Fees: Annual Subscription Fee billed
upon initiation of Implementation Services,
subject to the terms of Section 4 herein.
Data Import Fees billed upon receipt of each
Data Import, subject to the terms of Section
4 herein.
Annual Fees: Initial Service Term
Pricing Element
Annual software subscription
Contact: Elsa Robinson
Email: [email protected]
Phone: 714-993-8189
Initial Service Term: 36 months,
commencing on the date of this agreement.
Implementation Services: Company will use
commercially reasonable efforts to provide
Customer the services described in the
Statement of Work ("SOW") attached as
Exhibit A ("Implementation Services"), and
Customer shall pay Company the
Implementation Fee in accordance with the
terms herein.
Implementation Fee: (onetime): Payable
upon execution of the Agreement, subject to
the terms of Section 4 herein.
(Implementation Fee waived)
Year 1 Year 2 Year 3
*$14,000 $20,000 $22,000
* Discounted rate based on initial proposal delivered on May 31st, 2022.
One -Time Fees
Implementation Fee
Additional Data Imports (per Data Import) in excess of four per year *Custom Data Template Surcharge (per Data Import)
so
$500
$500
* Data Imports require consistent hauler report. Different reports will require Custom Data Template Surcharge.
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SAAS SERVICES AGREEMENT
This SaaS Services Agreement ("Agreement") is entered into on this 29 day of November 2022 (the "Effective Date") between MSW Consultants, Inc. with a place of business at 41760 Ivy St., Suite 203, Murrieta CA 92562 ("Company") and the Customer listed above ("Customer"). This Agreement includes and incorporates the above Order Form, as well as the attached Terms and Conditions and contains, among_other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form unless expressly identifying this Agreement, specifically referencing the provisions of this Agreement to be altered or superseded and signed by the parties after the date hereof.
MSW Consultants, Inc. City of Placentia
Name: Name:
Title: Title:
Date: Date:
2 of 10
TERMS AND CONDITIONS
1 SAAS SERVICES AND SUPPORT
1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services.
1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with Company's standard practice. 2 RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with its intended functionality and all applicable laws and regulations. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). Customer will be responsible for any and all activities made pursuant to the user access granted to Customer's hereunder and any of its users' or Equipment or the access credentials to the Services. Customer shall, and shall ensure its users, use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify Company promptly of any unauthorized access or use, Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer's use of Services. Although Company has no obligation to monitor Customer's use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 3 of 10
3 CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services ("Customer Data"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
3.2 Customer shall own all right, title and interest in and to the Customer Data.
Company shall own and retain all right, title and interest in and to (a) the Services and Software, all related improvements, enhancements or modifications, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
3.3 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (b) disclose such data solely in aggregate or other de -identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. 4 of 10
4 PAYMENT OF FEES
4.1 Customer will pay Company the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the "Fees"). If Customer's use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then -current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). Notwithstanding the foregoing, all Data Import Fees set forth in the Order Form are estimates only and are, at any time during the Term, subject to reasonable increases based on then -current Company fees for Data Imports ('Data Import' is defined as a single -tab Excel worksheet or CSV file. Types of data imports include hauler service level data, past outreach activities, and edible food generator lists.) If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company's customer support department.
4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company's net income.
5 TERM AND TERMINATION
5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form.
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5.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days' notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 6 WARRANTY AND DISCLAIMER
6.1 Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third -party providers, or because of other causes beyond Company's reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. Except as expressly set forth in this section, the services and implementation services are provided "as is" and company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non -infringement.
7 LIMITATION OF LIABILITY
7.1 Customer acknowledges, understands and agrees that Company utilizes third party hardware, software and hosting solutions in connection with the Services ("Third Party Solutions") in order to economically provide the Services to Customer. Customer recognizes that the quality of the Services is dependent upon such Third Party Solutions and that Company does not have nor exercise significant bargaining power with such Third Party Solutions so as to reasonably control the Customer's experience resulting from such Third Party Solutions, and therefore notwithstanding any other provision of this Agreement to the contrary, agrees that Company shall not be liable or in breach of this Agreement to the extent such liability or breach is the result of the acts or omissions of Third Party Solutions or their providers.
7.2 Notwithstanding anything to the contrary, except for bodily injury of a person, 6 of 10
company and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory:
(a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; (b) for any indirect, exemplary, incidental, special or consequential damages; (c) for any matter beyond company's reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by customer to company for the services under this agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not company has been advised of the possibility of such damages and whether or not subject to the indemnification obligations of company hereunder.
8 MISCELLANEOUS
8.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company's prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of California.
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EXHIBIT A
Statement of Work
Implementation Services:
• Work with jurisdiction and hauler to obtain hauler data report. • Configure data Import process to align with Customer's hauler(s) provided data report.
• Setting up user accounts and permissions.
Base subscription includes:
Reporting
• Compliance Dashboard with visual status indicators, EAR metrics, and simple 1 click filtered reports for SB 1383 (SLCP), AB 1826 (MORe), and AB 341 (MCR). • Advanced, transparent, generator location -based reporting accounting for all active accounts and services a generator may have, even multiple haulers. • Reports can be exported as .xlsx or .csv files or can be printed directly from the browser.
• Reports can be filtered by hauler, or by as many as 50 or more other variables, allowing quick and specific customizable reports.
Compliance Tracking
• Tracks the SLCP, MORe, & MCR compliance status of individual commercial waste generators by location and account.
• Tracks the organic material types generated and the recycling status for each, ensuring that all non-waivered generators have the containers needed to recycle all organic waste generated.
• Identifies which generators recycling have a SLCP 1, 2, 3, or 3+ container collection system, and tracks MORe & MCR alternative compliance methods like self -hauling and 3rd party recycling.
• Integrated waivers and exemptions, with status monitoring, issue date tracking, and automatic compliance updates.
• Let's users identify edible food generators and assists with determining Tier 1 or Tier 2 commercial status, and reports on edible food generators for SLCP. • Let's users enter food recovery organizations (FROs), link generators to FROs, and report on FROs within a jurisdiction.
Education and Outreach
8 of 10
• Location linked assets such as notes, photos, documents, waivers and more that remain accessible even as haulers change account numbers or info, or services. • Facilitates mobile site visit documentation, uploading of documents and photos right from a tablet or phone.
• Outreach history per location independent of hauler billing system account level changes.
System Capabilities
• Microsoft Azure, cloud -based, encrypted, data protection and backup. • Designed for use on desktop, tablet, and mobile.
• We create hauler specific data schemas allowing haulers to quickly export and provide consistent data using their existing reports for import. No more templates to fill out.
• Multiple user roles and permissions for detailed access control and collaboration.
On -boarding Process
During the setup and on -boarding process, our staff will:
• Schedule a kickoff meeting with the jurisdiction to coordinate the on -boarding process
• Work with staff and hauler(s) to obtain acceptable Data Import using an existing hauler report, and gaining an understanding of the available containers and materials by jurisdiction
• Create a hauler specific data schema to import service data consistently each time
• Setup user roles and establish user access via established jurisdiction or company email
• Setup and train users on functionality of the Minerva° system Product Roadmap
As part of its subscription, the City will enjoy enhancements to Minerva° at no additional cost during the Initial Service Term of the contract.
Data Import includes:
Processing and importing a single -tab Excel worksheet or CSV file For service record data Imports:
o Provided in an industry standard form of data by container group 9 of 10
o Updating generator compliance statuses to align with new data • Custom Data Template Surcharge is applicable to any and all Data Imports not delivered in the same format as the initial configuration provided during Implementation Services and/or the preceding Data Import. 10 of 10
4WRL
MSWCONS-01 MBENGCO
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
12/1/2022
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 have ADDITIONAL INSURED provisions or 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).
CONTACT Colleen Koch
NAME:
PHONE
(A/C, No, Ext): (951) 284-4863
E-MAIDRESS: [email protected]
AD
INSURER(S) AFFORDING COVERAGE
INSURER A : Sentinel Insurance Company, LTD
INSURER B : California Automobile Insurance Co
INSURER C : Scottsdale Indemnity Co
PRODUCER
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 95742
INSURED
MSW Consultants, Inc.
41760 Ivy St., Ste. #203
Murrieta, CA 92562
FAX
(A/C, No):
INSURER D :
INSURER E :
INSURER F :
NAIC #
11000
38342
15580
COVERAGES CERTIFICATE NUMBER: 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY DAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD (MM/DD/YYYYI (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO- LOC
JECT
OTHER:
B AUTOMOBILE LIABILITY
X ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
■
■
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
OCCUR
CLAIMS -MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
QpS ,RIP-cION Qt c)PE,RATIONS below
C Professional Llab. EK13433924
C Professional Liab. EK13433924
Y/N
X 57SBANU5438
X BA040000030086
NIA
6/1/2022 6/1/2023
10/21/2022 10/21/2023
6/12/2022 6/12/2023
6/12/2022 6/12/2023
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
Aggregate
Each Claim
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
1,000,000
3,000,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Placentia and its officers, agents, employees, and representatives are included as Additional Insured in regards to General Liability and Commercial Auto per attached endorsement.
CERTIFICATE HOLDER
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 57 SBA NU5438
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PERSON -ORGANIZATION
THE CITY OF PLACENTIA
AND ITS ELECTED AND APPOINTED BOARDS, OFFICERS, OFFICIALS, AGENTS,
EMPLOYEES AND VOLUNTEERS
401 E CHAPMAN AVE
PLACENTIA, CA 92870
Form IH 12 00 11 85 T SEQ. NO. 006 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 03/02/22 Expiration Date: 06/01/23
POLICY NUMBER: 57SBANU5438
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05
© 2005, The Hartford
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1. Bankruptcy 15
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15
3. Financial Responsibility Laws 16
4. Legal Action Against Us 16
5. Separation Of Insureds 16
6. Representations 16
7. Other Insurance 16
8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.
A. COVERAGES
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.
We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section D. -
Liability And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property
damage" only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. — Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section
C. — Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
(3)
2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.
3. COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work.
All costs taxed against the insured in
the "suit".
(6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.
(3)
(5)
(7)
b. If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met:
(1) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2) This insurance applies to such liability
assumed by the insured;
The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4) The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(6) The indemnitee:
(a) Agrees in writing to:
(3)
(5)
(i)
Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
"suit"; and
(ii) Conduct and control the
defense of the indemnitee in
such "suit".
BUSINESS LIABILITY COVERAGE FORM
So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. —
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.
B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "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; or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury'.
b. Contractual Liability
(1) "Bodily injury' or "property damage"; or
(2) "Personal and advertising injury"
for which the insured 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 because of:
(a) "Bodily injury', "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
Form SS 00 08 04 05 Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
"bodily injury" or "property damage"
provided:
(i)
Liability to such party for, or for
the cost of, that party's defense
has also been assumed in the
same "insured contract", and
(ii) Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business, or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.
However, this subparagraph does
not apply to:
(i)
"Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(ii) "Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
(c) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i)
"Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
BUSINESS LIABILITY COVERAGE FORM
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured's behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a)
Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".
However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.
Form SS 00 08 04 05 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g.
Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
"Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(3)
(5)
(2) The use of "mobile equipment' in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury', "property damage" or
"personal and advertising injury', however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
J•
(3)
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
(3)
(5)
(7)
(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.
Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to:
(1) 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 to 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)
(4) Personal property in the care, custody
or control of the insured;
That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on 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.
Property loaned to you;
(5)
BUSINESS LIABILITY COVERAGE FORM
Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to 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. - Limits Of Insurance.
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products -completed operations hazard".
I. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products -completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury':
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another's "advertising idea" in your
"advertisement";
Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or services;
Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.
However, this exclusion does not
apply to infringement, in your
"advertisement", of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(3)
(5)
(7)
(8)
(9)
(c) Title of any literary or artistic work;
Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or service provider.
However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of "personal and
advertising injury" in Section G. —
Liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality
of an "advertisement" or other
content on your web site;
q•
(13) Arising out of a violation of any anti-
trust law;
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
"electronic data".
r. Employment -Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a), (b), or (c)
above is directed.
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
BUSINESS LIABILITY COVERAGE FORM
(a)
May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern E -
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN -SPAM Act of 2003, including
any amendment of or addition to such
law; or
Any statute, ordinance or regulation,
other than the TCPA or CAN -SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.
Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.
(3)
Form SS 00 08 04 05 Page 9 of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury':
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard".
Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockholders.
g.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(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), or to a co -"employee"
while in the course of his or her
employment 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 that "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.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), 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 and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance 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;
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 omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) 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.
(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.
b. Lessors Of Equipment
(g)
(1)
Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury', "property damage" or "personal
and advertising injury' caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury', "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory,
architectural
activities.
inspection,
or engineering
BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products -
completed operations hazard", but
only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products -
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
(3)
You and any other involved insured must:
BUSINESS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
(3)
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" 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;
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.
(3)
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimants legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
(3)
(5)
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
(7)
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision — Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Insured — State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2) "Bodily injury" or "property damage"
included in the "product -completed
operations" hazard.
7. Additional Insured — Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, 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 and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
(1) This insurance 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, unless 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;
BUSINESS LIABILITY COVERAGE FORM
(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;
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 omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) 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.
(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.
8. Additional Insured — Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured —
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
(g)
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "products -
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
Radio;
Television;
Billboard;
Magazine;
Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment.
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the territory described in a. above;
(2) The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.
7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
BUSINESS LIABILITY COVERAGE FORM
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.
12. "Insured contract" means:
a. A contract for a lease of premises.
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. — Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road -beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include
that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
(b) Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
(2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and supervisory,
inspection, architectural or
engineering activities.
13. "Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased worker" does not
include a "temporary worker".
14. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1) Power cranes, shovels, loaders,
diggers or drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a., b., c., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c., or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
(1) Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.
16. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
(3)
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement";
Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.
18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
g.
19. "Products -completed operations hazard";
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a) When all of the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
(c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
BUSINESS LIABILITY COVERAGE FORM
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b. Does not include "bodily injury" or
"property damage" arising out of:
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.
20. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.
As used in this definition, "electronic data" is
not tangible property.
21. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee";
Form SS 00 08 04 05 Page 23 of 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.
24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
Policy Number: BA040000030086
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR — DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO — COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH MCA85100817-CA
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BUSINESS AUTO COVERAGE FORM
NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage does not apply to an "accident" which occurred before you acquired or formed the organization.
II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.
III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g.
An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
MCA85100817-CA
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VI. FELLOW EMPLOYEE COVERAGE:
SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance.
VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:
We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance.
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
MCA85100817-CA
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X. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:
4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
(1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.
The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss.
XI. GLASS REPAIR — DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
If two or more "company" policies or coverage forms apply to the same accident:
1. If the applicable Business Auto deductible is the smallest, it will be waived; or
2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or
3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.
For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation.
MCA85100817-CA
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XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:
5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:
Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.
This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal.
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
1. Any covered "auto" you lease, hire, rent or borrow; and
2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
MCA85100817-CA
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XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.
MCA85100817-CA
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STATE
COMPENSATION
INSURANCE
FUND
ISSUE DATE: 11-29-2022
CITY OF PLACENTIA
401 E CHAPMAN AVE
PLACENTIA CA 92870-6101
POLICYHOLDER COPY
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
SP
GROUP:
POLICY NUMBER: 1863281-2022
CERTIFICATE ID: 140
CERTIFICATE EXPIRES: 06-28-2023
06-28-2022/06-28-2023
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement. tern or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions. and conditions, of such policy. .rC •"/�cl•ru��.
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2022-11-29 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF PLACENTIA
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-28-2021 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2022-11-29 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF PLACENTIA
ENDORSEMENT #2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE 2022-06-28 IS ATTACHED TO AND FORMS A PART OF THIS POLICY ENDORSEMENT #1651 - DAVID L DAVIS PRES,SEC - EXCLUDED.
ENDORSEMENT #1651 - CHRISINDA J DAVIS VICEPRES - EXCLUDED.
EMPLOYER
MSW CONSULTANTS, INC.
41760 IVY ST STE 203
MURRIETA CA 92562
(REV.7-2014)
SP
[P12,SK]
PRINTED : 11-29-2022
SP
TO:
VIA:
FROM:
DATE:
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF FINANCE
DECEMBER 6, 2022
Placentia Cit Council
AGENDA REPORT
SUBJECT: MEASURE M (M2) EXPENDITURE REPORT FOR FISCAL YEAR 2021-22 FISCAL
IMPACT: NONE
SUMMARY:
On November 6, 1990, Orange County voters approved Measure M, which authorized the imposition of a 1/2% sales tax for a 20 -year period effective April 1, 1991, to provide funding for regional and local transportation projects. On November 7, 2006, voters approved Renewed Measure M (M2). M2 is a 30 -year, multi -billion -dollar program extension of the original Measure M with a new slate of transportation projects and programs. The City of Placentia receives local M2 funds each year. Adoption of the attached Resolution will approve and adopt the Fiscal Year ("FY") 2021-22 M2 Expenditure Report for submittal to the Orange County Transportation Authority (OCTA) as part of the M2 compliance.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Adopt Resolution No. R-2022-82, a Resolution of the City Council of the City of Placentia, California, concerning the Fiscal Year 2021-22 Measure M2 (M2) Expenditure Report for the City of Placentia.
DISCUSSION:
On November 6, 1990, Orange County voters approved Measure M, which authorized the imposition of a 1/2% sales tax for a 20 -year period effective April 1, 1991, to provide funding for regional and local transportation projects. On November 7, 2006, voters approved Renewed Measure M, which is commonly referred as M2. M2 is a 30 -year, multi -billion -dollar program extension of the original Measure M with a new slate of transportation projects and programs. The City of Placentia receives local M2 funds each year.
As a part of M2's compliance program an annual report is prepared by the City to validate eligible use of funds and must be submitted within six (6) months to OCTA following the end of the City's
1.p.
Dec 6, 2022
City Council Agenda
December 6, 2022
fiscal year. The year-end report for FY 2021-22 is required to be submitted by December 31, 2022. This expenditure report is a detailed financial report submitted by the City and used to track financial activity as it relates to M2 and other improvement funds. The report accounts for funds received, interest earned, and use of M2 and other funds. A copy of this report (Attachment 2) is attached to the Resolution. Staff is recommending the adoption of this Resolution and report to allow the City to continue to receive M2 funds from OCTA.
FISCAL IMPACT:
There is no direct fiscal impact associated with the recommended actions. The M2 Expenditure Report is a receive and file document that is a required component of M2 compliance and must be submitted in order to qualify for current and future M2 funding.
Prepared by: Review
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Luis Estevez
Deputy City Administrator
Attachments:
1. Resolution No. R-2022-82 — Measure M2 Expenditure Report
2. FY 2021-22 Measure M2 Expenditure Report
RESOLUTION NO. R-2022-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, CONCERNING THE
FISCAL YEAR 2021-22 MEASURE M2 (M2)
EXPENDITURE REPORT FOR THE CITY OF PLACENTIA
A. Recitals
(i). Local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
(ii). Local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and
(iii). Local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and (iv). The M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and (v). The M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction's fiscal year to be eligible to receive Net Revenues as part of M2.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year.
2. The M2 Expenditure Report is hereby adopted by the City of Placentia.
3. The City of Placentia Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2022.
Resolution R-2022-82 ATTACHMENT 1
APPROVED and ADOPTED this 6th day of December 2022
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
1, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 6th day of December 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-82 ATTACHMENT 1
City/County of
Description
Balances at Beginning of Fiscal Year
A -M Freeway Projects
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Beginning and Ending Balances
O Regional Capacity Program (RCP)
P Regional Traffic Signal Synchronization Program (RTSSP) Q Local Fair Share
Line
No.
Amount
Schedule 1
Interest
1 $ -
2 $
3 $
- $
- $
4 $ 574,315.96 $ 1,732.38
R High Frequency Metrolink Service 5 $
- $
S Transit Extensions to Metrolink 6 $
T Convert Metrolink Station(s) to Regional Gateways that 7 $ connect Orange County with High -Speed Rail Systems
• Senior Mobility Program or Senior Non -Emergency Medical 8 $ Program
V
Community Based Transit/Circulators
81,004.42 $
2,888.38
9 $
W Safe Transit Stops 10 $
X Environmental Cleanup Program (Water Quality) 11 $
:Other*
Balances at Beginning of Fiscal Year
Monies Made Available During Fiscal Year
Total Monies Available (Sum Lines 13 & 14)
0.19 12 $ - $
13 $ 655,320.57 $
Expenditures During Fiscal Year
Balances at End of Fiscal Year
A -M Freeway Projects
4,620.76
14 $ 1,027,354.00 $
15 $ 1,682,674.57 $
16 $ 908,744.18 $
1,262.00
5,882.76
17 $ $
O :Regional Capacity Program (RCP) 18 $
P Regional Traffic Signal Synchronization Program (RTSSP) 19 $ Q Local Fair Share
20 $ 861,180.24 $
2,898.09
R High Frequency Metrolink Service 21 $
S Transit Extensions to Metrolink 22 $
T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High -Speed Rail Systems
23 $ - $
Senior Mobility Program or Senior Non -Emergency Medical 24 $ 71,125.96 $ Program
2,984.67
✓ Community Based Transit/Circulators 25 $ - $
W Safe Transit Stops 26 $ - $
X Environmental Cleanup Program (Water Quality)
27 $ (158,375.81) $
,Other*
* Please provide a specific description
28 $ - $
MEMORANDUM
City of Placentia
TO:
FROM:
DATE:
SUBJECT:
Damien R. Arrula, City Administrator
Christian Bettenhausen, City Attorney
Rosanna Ramirez, Deputy City Administrator
December 6, 2022
City Council Meeting — Add Agenda Item
The City created the Placentia Fire and Life Safety Department in July 2020 and the Placentia Firefighter's Association (PFA) was formed and formally recognized in December 2020. In February 2021, City Staff and legal counsel began working with the PFA to create their first Memorandum of Understanding (MOU).
At the time the agenda for tonight's meeting was posted last week, the terms of the MOU had not yet been finalized. The parties continued to work diligently, however, to try and reach a final agreement. Earlier today the MOU was finalized. One of the terms is for a one-time stipend to be paid to employees in December 2022. Due to the length of time involved in creating this initial MOU, and due to the specific clause regarding the stipend and tax reporting obligations, the December 6th Council meeting would be the last opportunity in 2022 to present this item to City Council for approval. Therefore it is important for the Council to consider this MOU at tonight's meeting, and I request that the MOU be added to the City Council December 6, 2022 agenda.
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINSTRATOR
DECEMBER 6, 2022
AGENDA REPORT
SUBJECT: MEMORANDUM OF UNDERSTANDING TERMS BETWEEN THE CITY AND THE
PLACENTIA FIREFIGHTERS' ASSOCIATION
FISCAL
IMPACT: FISCAL YEAR 2022-23 $80,920 (Estimated)
SUMMARY:
The City created the Placentia Fire and Life Safety Department in July 2020 and the Placentia Firefighter's Association (PFA) was formed and formally recognized in December 2020. In February 2021, City Staff began working with the PFA to create their first Memorandum of Understanding (MOU). The City and the Placentia Firefighters' Association (PFA) have been engaged in good faith labor negotiations and have reached terms on the wages, hours, and working conditions for their employees. The Memorandum of Understanding which represents the tentative agreement, is presented for City Council approval.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the Memorandum of Understanding between the City of Placentia and the Placentia Firefighters' Association; and
2. Authorize the City Administrator, to execute the necessary documents, in a form approved by the City's Labor Counsel.
DISCUSSION:
This the first Memorandum of Understanding (MOU) between the City and the PFA. City representatives have been in discussion with the labor group representatives and with cooperation from PFA, the negotiations process has been successfully completed between these parties.
In December 2021, due to both parties understanding the length of time involved in creating an initial MOU for a newly formed labor group, the PFA received an economic offer of 3% market rate adjustment effective the first full pay period of July 2021 and 3% effective the first full pay period of July 2022; and a one-time bonus of 3% based upon adjusted wages as of July 1, 2021.
AGENDA iTEM 3a
Dec 6, 2022
Walk -On Item
City Council Agenda
December 6, 2022
The City and PFA have reached terms for this MOU which include the following compensation and benefits:
1. Term: January 1, 2023 — June 30, 2023
2. One -Time Stipend: All employees in paid status as of the approval and adoption of the MOU will receive 1) a one-time stipend 2% of the member's base pay as of July 1, 2021 and 2) 5% of the member's base pay as of July 1, 2022.
3. Formally memorializing all the benefits given to fire personnel upon their hire (PTO, AHW, etc.).
4. All employees shall be eligible for Education Incentive Pay: 2% salary differential for possession of an Associate of Arts degree, 4% for possession of a Bachelor's degree and 6% for possession of a Master's degree.
FISCAL IMPACT:
The total cost for the one-time stipend is estimated at $80,920 for Fiscal Year 2022-23. Sufficient funds exist to fund the aforementioned benefits.
Prepared by:
VVj..
Rng nna RarnIm7 n
Deputy City Administrator
Reviewed and approved:
Jen'iifer Lampman
Director of Finance
Review- • -
AliP Riirnp'
r
Director of Human Resources
d approved:
Reviewed and a
Da - . rrula
City Administrator
ved:
Attachment:
Memorandum of Understanding with Placentia Firefighters' Association
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PLACENTIA
AND
THE PLACENTIA FIREFIGHTERS' ASSOCIATION
JANUARY 1, 2023 THROUGH JUNE 30, 2023
PREAMBLE
The wages, hours and conditions of employment that are set forth in this Memorandum of Understanding ("MOU") have been discussed and jointly proposed by and between the City of Placentia (hereinafter the "City") and the Placentia Firefighters' Association (hereinafter the "Association") and shall apply to all the employees in classifications represented by the Association.
The terms and conditions of employment that are set forth in this MOU have been discussed in good faith between the City and the Association. The Association has recommended, and its members have ratified all of the terms and conditions of employment as set forth herein. The City recommends to the Placentia City Council that the terms and conditions of employment as set forth herein be implemented by resolution of the City Council. Upon the adoption of such resolution, all the terms and conditions of this MOU so incorporated shall become effective without further action by either party.
RECOGNITION
Pursuant to Government Code Section 3500 et seq. and Resolution 71-R-153 of the City Council of the City of Placentia (Employer -Employee Relations Resolution), the City has recognized the Association as the exclusive representative of all sworn, full-time, non -management fire employees of the City for purposes of representation on wages, hours, fringe benefits, and other terms and conditions of employment. As the representative of sworn, full-time, non -management fire employees, the Association is empowered to act on behalf of said employees, whether or not they are individually members of the Association.
The list of represented classifications at the time of entering this Agreement is as follows:
• Firefighter
• Patrol Engineer
• Fire Engineer
• Fire Captain
The City hereby agrees it shall no longer employ a part-time program for any rank except firefighter.
COMPLETE AND ENTIRE AGREEMENT
This Agreement, upon ratification and adoption, supersedes all prior agreements, whether written or oral, unless expressly stated to the contrary herein and constitutes the complete and entire agreement between the parties and concludes the meet and confer process for its term unless otherwise expressly stated. Moreover, to the extent not in conflict or inconsistent with the provisions herein, the parties understand and agree that existing City Personnel Rules and
Placentia Fire and Life Safety Department Rules and Regulations, and other City rules, regulations, and policies, continue to apply, as presently constituted.
SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this MOU is for any reason held to be invalid, illegal, unconstitutional, or unenforceable by reason of any existing or subsequently enacted state or federal legislation, regulation or order or decree of a court of competent jurisdiction, the invalidation of such part of this MOU shall not affect the validity of the remaining portion of this MOU. Either party may request to meet and confer over the impacts that the invalidation of any section, clause, or provision causes.
STIPEND
Stipend, each employee shall receive a onetime, stipend (off salary schedule and not based on hours worked) equal to 1) 2% of the member's base pay as of July 1, 2021, and 2) 5% of the member's base pay as of July 1, 2022. The stipend shall be paid to employees in December 2022 by direct deposit. It is further understood that this stipend is a onetime payment and shall not recur after the payment in December of 2022.
UNIFORMS
a) Initial Issue of Uniforms: The City shall provide an initial issue of 3 sets of Class B uniforms to each employee 1 name plate (last name only), 1 pair of station boots, 4 Physical training shorts, 6 short sleeve t -shirts and 4 long sleeve t -shirts. The City shall provide each new employee, upon completion of his/her original probation period a Class A uniform. Upon promotion, the City will provide any needed updates to the Class A uniform. Maintenance and replacement due to normal wear and tear of the Class A and B uniforms shall be the responsibility of the City.
b) Safety gear: The City will provide and maintain the following safety gear, to include, at a minimum, the following:
• 2 turnout coats
• 1 pair of structure boots
• 2 pairs of turnout pants
• 2 pairs of suspenders
• 2 pairs of structure gloves
• 1 pair of work gloves
• 1 structure helmet
• 1 pair of goggles
• 2 hoods
• 1 pair of safety boots
• 1 pair of medical safety glasses
• 2 wildland coats
• 3 pairs of uniform brush pants (replaced if damaged)
• 1 pair of raingear pants
• 1 raingear jacket (parka and parka lining)
MUTUAL AID
Staffing for State Mutual Aid will be determined as provided on a case-by-case basis by the Fire Chief or their designee.
PROBATIONARY PERIOD
NEW HIRES:
A. Employees hired or appointed as an entry level full-time firefighter will serve an eighteen (18) month probationary period.
B. Lateral employees who have completed one or more years in the fire service in the rank of full-time firefighter or above will serve a twelve (12) month probationary period.
C. The City Administrator or his/her designee may establish a one-time six (6) month extension when an employee fails to satisfactorily meet the expectations of their probation. If probation is extended, the employee shall be informed in writing of the extension prior to the expiration of the initial probationary period.
D. During the probationary period, an employee may be rejected at any time by the Fire Chief or City Administrator without cause and without the right of appeal. Notification of rejection, in writing, shall be served on the probationer and a copy filed with Human Resources.
E. The Fire Department shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status. The Fire Department shall also give a copy to the employee and file the original with the Human Resources Division before the probationer's permanent status date.
PROMOTIONAL: Employees on promotional probation shall be subject to a 12 -month probationary period. An employee's probation may be extended at the discretion of the City by up to 180 days, by providing the employee written notice of the extension. Upon completion of the probationary period (12 months, or up to 18 months if extended) the employee shall be deemed permanent in the promoted rank. Employees who are rejected on promotional probation, shall be reinstated to the rank held immediately before their promotion.
HOURS WORKED/WORK SCHEDULE
A. Work Period
In accordance with the provisions of the Fair Labor Standards Act (FLSA), the work period consists of twenty-four (24) consecutive days. The City declares a 7(k) exemption under the FLSA. Paid leaves including but not limited to AHW, PTO, holiday and bereavement are not considered hours worked.
B. Work Schedules
Full-time suppression personnel (not including the Patrol Engineer) will work a 48/96 schedule. Each regular shift will consist of 48 consecutive work hours, which will be followed by 96 consecutive hours off duty, unless recalled to work. The City shall maintain three (3) shifts designated as "A," "B," and "C" shifts. Patrol Engineer(s) will work a 4/12 schedule.
The Fire Chief may change/adjust station assignments and work shifts (A, B or C shift) to meet operational needs.
Initial hire probationary employees may be assigned to any station and/or work shift.
C. Hours of work
All Emglovees except Patrol Engineer
Each 24-hour workday begins at 0800. A work shift begins at 0800 and is complete after 48 hours of work. Shift change occurs at 0800. There are two (2) twenty -four-hour days in each shift. The Fire Chief shall have the discretion to adjust the start of a work shift as he/she sees fit to meet operational needs, subject to the duty to meet and confer.
Patrol Engineer
Each 12 -hour workday begins at 0800 and ends at 2000. The Patrol Engineer shall supplement core fire suppression (heavy apparatus) operations only. It shall ideally operate for 12 -hours a day, 7 days a week during peak call volume periods. As the Patrol is only supplementary, it shall only be placed in service if designated patrol staffing are available.
The Fire Chief shall have the discretion to adjust the start of a work shift as he/she sees fit to meet operational needs, subject to the duty to meet and confer.
D. Consecutive Hours Worked
1. There will be a ninety-six (96) consecutive hours cap on the number of hours an employee can be required to work (break in between is 24 hours), except in cases of emergency to maintain staffing levels for emergency responses.
Employees may agree to work up to 120 consecutive hours.
2. The Consecutive Hours cap will not apply to strike teams and hours worked while on a strike team will be managed by the State Mutual Aid Agreement.
CHRISTMAS LANGUAGE: In the event that the 48/96 schedule requires a shift (affected shift) to work on both December 24 and December 25, the affected shift will switch scheduled workdays with the proceeding shift (relief shift) as follows: The entire affected shift will work on December 22 and December 25, the entire relief shift will work December 23 and December 24. These changes will be considered regular work days for the shifts and are subject to normal Fire Department practices regarding leave requests, shift trades, etc.
ACTING ASSIGNMENTS
Employees may volunteer to act in a higher classification provided the employee has completed the actor's task book for the higher classification. Employees may be assigned by the Fire Chief to act in a higher classification when there is a long-term absence (anticipated to last 90 days or longer). Employees may not act in a higher classification when there is a permanent vacancy and a promotional list for the higher classification exists. Employees shall be paid at the bottom step of the acting class or at a step that provides the employee a minimum of a five percent (5%) increase in their compensation, whichever is greater. The acting assignment shall end at the discretion of the City, but in no event longer than six months. An individual may serve in an acting capacity for up to 12 -months only if there is a vacancy occasioned by a long-term injury
or illness, the injured employee remains employed by the City and there is no other employee willing and qualified to serve in the acting capacity.
SHIFT TRADES
1. Exchanges of time (aka shift trades) count as hours worked for the employee whose shift was worked, not for the employee who worked the shift.
2. Employees may have the ability to trade shifts with their colleagues at the same rank subject to the following conditions:
i. The practice of shift trading shall be voluntary on the part of each employee. ii. The Battalion Chief may review and determine whether to approve or deny the shift trade. However, denials are not subject to being grieved. iii. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet.
iv. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back. Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the City be obligated for any further compensation whatsoever to any of the involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. v If an employee agrees to trade shifts with another employee and then calls in sick and/or does not work the shift, the employee who agreed to work the shift shall have his/her AHW Leave deducted. For example, if Employee A agrees to work the shift for Employee B and prior to the shift, Employee A calls in sick and does not work the shift, Employee A's AHW Leave is deducted and Employee B gets credit for the shift. If no AHW leave is available, PTO hours will be used.
STAFFING
Placentia Fire and Life Safety Department heavy apparatus shall be constantly staffed with two (2) three-person companies supervised by one (1) Battalion Chief or Acting Battalion Chief.
Reserve Firefighters shall staff the fourth seat on each apparatus in service when available. Each of the two (2) 3 -person companies shall consist of an Engine or Quint staffed by full-time and part time personnel in the following ranks:
o 1 Captain (full time)
o 1 Engineer (full-time)
o 1 Firefighter (Full or Part -Time)
In addition to the two required engines/quints, the City may elect to operate a Patrol staffed by a minimum of one (1) full-time Patrol Engineer or a part-time Firefighter that is certified to operate the Patrol, with the option of one additional full-time or part-time firefighter.
• Part-time firefighters are scheduled to work on an engine only pursuant to the overtime protocol, below, or as a fourth person.
SALARY
Base Salary: The base salaries for represented classifications shall be as set forth in Appendix A to this MOU.
Salary upon appointment: Appointments are typically made at the entry step of the salary range. The Fire Chief or City Administrator may authorize at the time of appointment placement at any step within the salary range for individuals with experience, knowledge, skills, and/or abilities related to the classification.
Movement within the salary range: Individuals are eligible for advancement within the established salary step range based upon obtaining a "meets standards" or better overall rating on their annual performance evaluation. Advancement within the salary range based on performance shall not occur more than once for every twelve (12) months of service and shall not exceed a one-step increase (5.4%) in pay.
OVERTIME
1. Definition: For non-exempt full-time employees, overtime shall be defined as all hours actually worked or deemed worked in excess of one hundred and eighty-two (182) hours in a twenty-four (24) consecutive day work period. All overtime must be pre -approved by the Fire Chief or his/her designee.
2. Compensation: Any employee who works overtime shall be compensated at FLSA premium rates; i.e., one and one-half (1-1/2) times the employee's regular rate of pay including any applicable special rate supplement or locality payment.
3. Payment: Payment for overtime premiums shall be made in the second pay period of the FLSA work period to allow for the computation of overtime to be determined.
4. Hours worked shall be tracked in increments of quarter hour increments. Time worked under 8 minutes shall be deemed de minimus. Time worked of 8 minutes or more shall be rounded up to the next quarter hour.
When there is a need to fill a shift or a partial shift, the following steps must be followed:
Step 1
Captains Engineers Firefighters
Offer to Captain Offer to Engineers, Offer to Part time Fire including Patrol Fighter
Engineers
f
Step 2 Offer to Actor Offer to Actor Offer to Full Time Firefighter
Step 3 Captain Mandate Offer to Captain Offer to Engineers, including Patrol
Engineers
Step 4 N/A Engineer Mandate, Fire Fighter Mandate
including Patrol
Engineers
EDUCATION INCENTIVE PAY
Employees covered by this agreement shall be eligible to receive one of the following educational bonus payments:
1 REQUIREMENTS ADDITIONAL PAY
1 AA Degree 2% of Base Pay
1 Bachelor's Degree 4% of Base Pay
Master's Degree or PhD 6% of Base Pay
PHYSICAL FITNESS
The City acknowledges the importance of physical fitness. One hour per day for physical fitness on duty will be authorized, provided, however, employees are responsible to complete daily duties and assignments. The Fire Chief or his/her designee may authorize physical fitness in the morning, understanding daily duties and assignments shall take priority. Physical fitness while on duty may only take place at the fire station and not at a gym or other private location; however, employees may be permitted to go on a run in the immediate surrounding area of the station, such that response times are not delayed. If the Fire Association obtains pre -approval from the City Manager or his/her designee to purchases exercise equipment, the City will contribute, up to, 50% of the cost of the exercise equipment. Workout equipment and physical fitness shall not impede the operations of the fire station.
DEFERRED COMPENSATION PLAN
Employees may participate in a 401 or employee -funded 457 deferred compensation program by electing to contribute pre-tax earnings to the plan subject to annual plan limits.
Grievance Procedure
A. Purpose
The provisions of this Section shall in no way apply to the "meet -and -confer" process.
The purpose of the grievance procedure is:
1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that a grievance shall be settled as near as possible to the point of origin.
4. To provide that appeals shall be conducted as informally as possible.
B. Matters Subject to Grievance Procedure
Any unit employee shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, h o u r s , o r conditions of employment, or suspension, dismissal from employment or any other disciplinary action; and for which appeal is not provided by other regulations or is not prohibited.
C. Informal Grievance Procedure
If an employee has a problem relating to a work situation, the employee is encouraged to request a meeting with his/her immediate supervisor to discuss the problem in an effort to clarify the issue and to work cooperatively towards a solution. A unit employee who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance. Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance.
D. Formal Grievance Procedure
1. First Level of Review (Step 1) - The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render his/her decision and comments in writing and return them to the unit employee within fifteen {15) calendar days after receiving the grievance in writing. The initial written grievance should contain the name of the grievant, the name of the grievant' s representative, if any, identification of nature of the grievance and any rule, regulation or MOU provision alleged to be violated, the remedy requested and any other information to assist in resolving the grievance. If the unit employee does not agree with his/her supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present an appeal in writing to the Fire Chief. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the
written decision of his/her supervisor, or within twenty-five (25) calendar days following submittal of the written grievance to the supervisor if no decision by the supervisor is rendered, will constitute a withdraw/dropping of the grievance.
2. Department Review (Step 2) - The Fire Chief receiving the grievance, or his/her designated representative, shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The Fire Chief (or designee) shall render his/her decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving the grievance.
If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Fire Chief, or within a total of twenty-five (25) calendar days following submittal of the written grievance to the Fire Chief if no decision is rendered, will constitute a withdraw/dropping of the grievance.
3. City Administrator Review (Step 3) -The City Administrator shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator, if no decision is rendered will constitute a withdraw/dropping of the grievance.
E. Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concerned.
2. The unit employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.
3. The unit employee and his/her representative may be permitted to use a reasonable amount of work time, as determined by the Fire Chief, in conferring about and presenting the appeal.
4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.
F. Arbitration
1. General Provisions
After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to his/her satisfaction, except in instances where such submission is specifically prohibited by the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may baffled only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein. Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.
2. Procedures
If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration, the provision(s) allegedly violated, and the remedy requested.
a. The City's representative and the grievant, or his/her designated representative(s), shall select an impartial third party to serve as the arbitrator. b. If the City's representative and the grievant, or his/her designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations.
Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date, within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties his/her decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties.
3. Conditions
The arbitrator shall have no power to add to, subtract from, nor to modify any of the terms of any memorandum of understanding between the parties, work rules, Department Policies and/or Personnel Rules. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of
California. Further, the Hearing Officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds beyond those already contemplated in the MOU, work rules, department policies, personnel rules or existing state or federal laws, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the MOU, Personnel Rules, or any resolutions, ordinances, work rules, practices or policies adopted by the City. The Hearing Officer shall not have the authority to require the City to perform any other action that would violate state or federal laws.
All expenses of arbitration shall be borne equally by the parties.
Disciplinary Appeal Procedure
A. Standards of Conduct
All employees are expected to adhere to standards of reasonable and prudent conduct.
B. Applicability of Discipline
Disciplinary action may be taken against any non -elected employee of the City.
C. Discretion in Disciplinary Action
The City Administrator, Director of Administrative Services, Fire Chief or designee can exercise their discretion in applying discipline appropriate to the employee's offense(s) and work record.
D. Permitted Disciplinary Action
Any one or combination of the following disciplinary actions may be taken against any employee for offenses stated in this section or for any other just cause:
Oral admonishment
Directive Memorandum
Corrective Memorandum
Written reprimand
Suspension
Reduction in salary
Demotion
Dismissal
Elimination of ability to do/request shift trades
E. Non -Disciplinary Actions
An employee being considered for any discipline shall be insured due process when appropriate through pre -disciplinary measures described in this section and pursuant to the Firefighters' Procedural Bill of Right Act.
Oral Admonishment
Oral admonishments should be given in private. The supervisor shall include in the admonishment a review of appropriate departmental standards and policies, employee performance expected in the future and the likely consequences of failure to correct performance or behavior. Oral admonishments may not be appealed. No documentation of an oral admonishment shall appear in the employee's personnel file and any such documentation will be destroyed on the employee's anniversary date
Directive Memorandum
It informs the employee how to complete a task and directs the employee to perform correctly in the future. It can also be used to give general direction to more than one employee. Issuance of a directive memorandum may not be appealed. A directive memorandum shall not appear in the employee's personnel file and will be destroyed on the employee's anniversary date.
F. Disciplinary Action
Written notice of any proposed disciplinary action shall be given to the employee in private. This notice shall include the proposed action, the intended effective date and the specific reasons for such action. A written copy of the allegations of misconduct and the grounds for such allegations shall also be included, along with a copy of all materials upon which the discipline is based. The employee is entitled to copies of all materials on which the allegations are based, if there are any. The employee's right to respond orally or in writing, the right to respond in person with or without a designated representative, the time in which the response should be made and to whom and where it should be made, shall be specified in the notice of intended discipline.
Written Reprimand
A written reprimand shall be prepared for the continued or more serious offense. The reprimand shall take the form of a memorandum including a full, accurate and factual statement of the reason for the reprimand. The memorandum shall be given to the employee in private. The supervisor shall explain appropriate departmental standards and policies, employee performance expected in the future and likely consequences of failure to correct performance or behavior. A copy of the memorandum shall be placed in the employee's personnel folder. The employee may respond to the memorandum in writing within thirty (30) calendar days from date of receiving the memorandum and have such response placed in the employee's personnel folder. A dated copy of the written reprimand shall be released to the employee.
Suspension Without Pay
When the employee's undesirable conduct has been continuous, repeated, or is deemed by management to be of such severity that lesser penalties are inadequate or have proved ineffective, the Fire Chief or his/her designee may impose suspension without pay of up to 10 shifts. Such suspension shall occur only after the notice of intent to suspend is issued. The employee will have appeal rights as indicated in employee response section of this contract.
Reduction In Salary
When the employee's undesirable conduct has been continuous, repeated, or is deemed by management to be of such severity that lesser penalties are inadequate or have proved ineffective, the Fire Chief or his/her designee may impose a reduction in salary. The reduction in salary shall be to a lower step in the employee's pay range and for a maximum of 12 months, following which the employee will be eligible for a merit step increase to the next higher step.
The employee will have appeal rights as indicated in employee response section of this contract.
Dismissal
When the employee's conduct has been of a continuous nature, uncorrected by previous discipline, or is of such a nature as to make further employment not in the City's interests, or for other good cause, the Fire Chief or his/her designee shall have the right to dismiss the employee. Any action of dismissal shall be taken only in compliance with the notice procedures.
The employee will have appeal rights as indicated in employee response section of this contract.
G. Employee Response for Disciolinary Actions
An employee is entitled to a reasonable time, (15) calendar days from date of notice, to respond to a notice of proposed discipline. Should an employee respond, the Fire Chief shall consider the response in reaching a decision on the proposed disciplinary action. If the event the Fire Chief has a conflict of interest, they shall recuse themselves from the discipline process and the pre -disciplinary response shall be delegated to another individual who shall make the final decision. The employee is entitled to respond in writing or orally, personally or through a designated representative, or any combination thereof. If the employee requests a meeting to present a response, the meeting shall not be conducted as an adversarial hearing. The Fire Chief or his/her designee may grant an extension of time to respond to the proposed discipline.
The employee may not cross-examine the department's witnesses nor present a formal case to support the response. The employee shall be given the opportunity to make a representation the employee believes might affect the disciplinary decision. Any time extensions shall be permitted only with the consent of the Fire Chief or his/her designee. If the employee fails to respond within the time specified, the Chief may proceed with a decision.
The Chief has the right to conduct further investigations should new information be presented. If new charges result from the investigation, the employee shall be given another opportunity to respond.
H. The Disciplinary Response
The Fire Chief, or, in the case of a conflict of interest, the designee, shall provide a written answer to an employee's pre -disciplinary response at the earliest practical date, not to exceed fifteen (15) calendar days following the response of the employee. The Chief shall deliver the notice of decision to the employee at or before the time when the action will be effective. The answer shall be dated and signed by the Chief or his/her designee. The answer shall inform the employee if the proposed discipline has been sustained. The answer shall include a statement of the employee's right to appeal, as provided herein.
Additionally, the time limit for an appeal and the specific discipline to be imposed or the decision not to impose discipline shall be included in the answer. The effective date of discipline shall be included in the answer.
I. Appeal of Department Disciplinary Actions
Any employee may appeal imposition of discipline within fifteen (15) calendar days after the receipt by the employee of the Disciplinary Response from the Chief or his/her designee.
Appeals from discipline shall be in writing and delivered to the City Administrator or designee.
Appeals shall be conducted pursuant to the Grievance procedure, above, by an arbitrator mutually selected by the parties by agreement or through the striking process. Each party shall bear their own costs of representation. All expenses shall be borne equally by the parties.
FITNESS FOR DUTY
A. Employees must be physically and mentally fit to perform the duties of the job in order to instill public confidence in the fire service. It is equally important that the dignity and rights of all personnel be respected and followed in the administration of fitness for duty examinations.
B. The Fire Chief or designee, in consultation with the Deputy City Administrator and City Administrator may determine that an employee who demonstrates behavior or performance that calls into question his or her fitness for duty may be required to submit to a physical or psychological fitness for duty examination.
C. When a fitness for duty exam is ordered the employee will be presented a written statement containing the facts that were used to make this decision. The medical provider who performs the fitness for duty exam will be provided with the documentation detailing the performance and behavior issues as well as a job description. An employee administratively relieved from duty pending a fitness exam shall be placed on paid administrative leave until the results of the examination are known to the Chief, City Administrator, and Administrative Services Director.
D. When the results of the examination indicate that the employee is fit to perform the regular duties of the position, the employee shall be returned to work on his or her next regular work shift.
E. When the results of the examination indicate the employee is not fit for duty, the employee will be placed on leave. An employee with no unused, accrued leave may be placed in an unpaid status.
F. The employee may request, or if there is a possibility that the cause is based on a work-related issue, the employee will be offered, a DWC1. Determination of the compensability of the claim will be made following standard workers' compensation procedures.
G. If the results of the examination indicate that the employee is fit for duty with limitations, in accordance with ADA and FEHA, the City and the employee will meet in an interactive process to determine whether the employee's limitations can be reasonably accommodated, and the employee returned to work. If there is no reasonable accommodation that can be made, the employee shall be treated as though unfit for duty.
H. Exams: The cost of the examination shall be borne by the City. An employee shall be paid for all time spent in the exam, including travel to and from the exam.
USE OF TOBACCO
All employees shall not smoke, vape or use any tobacco products (including vaping and e - cigarettes) at any time while on duty or off duty.
EMT REQUIREMENTS
Employees shall, as a condition of employment, be required to maintain a California EMT -1 with the County of Orange, Department of Health, Emergency Medical Services Section. In addition, employees shall demonstrate their required skill proficiency at intervals not to exceed 6 months.
Violation of this condition of employment shall be deemed good cause for reprimand and possible dismissal. Employees who are licensed paramedics within the State of California shall be deemed to meet this requirement. Employees shall be solely responsible for ensuring that their EMT -1 licenses are renewed prior to expiration, and the City will reimburse employee for any renewal fees. Employees who allow their licenses to expire will not be allowed to provide patient care and may be reassigned to other duties until their license is renewed. Employees must provide the City with a copy of their valid and current EMT -1 licenses which the City will keep on file in the employee's personnel records. Continuing education requirements and training to maintain an EMT -1 license shall be provided by the City, while the employee is on -duty.
SUBSTANCE ABUSE
A. It is the responsibility of all employees to cooperate to protect the lives, personal safety and property of coworkers and fellow citizens. Employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.
B. It is in the best interest of the City, its employees and the public to ensure that employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potential liability to the City. "Under the influence of drugs" means the use of any illegal substance or misuse of a prescribed drug in a manner and to a degree that impairs the employee's work performance or ability to use City property or equipment safely.
C. The City shall, upon showing of reasonable suspicion that this policy is being violated, compel an employee who appears to be presently under the influence of drugs or alcohol to submit to a drug or alcohol screening examination on City time and at the City's expense. Refusal to submit to the test may be deemed insubordination and may subject the employee to discipline, up to and including termination. Nothing contained herein shall limit the City's right to discipline or discharge any employee for violating the terms of this Section.
D. Marijuana use is strictly prohibited by all Fire Department personnel.
PERSONNEL FILES
A. Employees may review their own personnel and/or administrative file, including his/her background investigation insofar as may be required by then -controlling law, provided
reasonable notice by written request is made to the City.
B. The Employee shall make an appointment with Human Resources to review his/her administrative/personnel files at least one working day in advance and the City shall honor his/her request under normal conditions.
C. Material derogatory to an Employee's conduct, service, character, or personality shall not be entered in an Employee's personnel or administrative file unless the Employee is notified and given an opportunity to review and comment thereon. The Employee shall be given a copy of the material on request. The Employee shall acknowledge that he/she has read and does not necessarily indicate agreement with its contents.
D. Any Employee wishing to review his/her file while on duty under the provisions of this section shall first notify his/her supervisor and obtain approval for the necessary time. The supervisor shall not unreasonably withhold approval but may set reasonable time limits and schedules so as not to adversely affect City operations. The employee need not notify his/her supervisor if this review is not done on duty.
E. Letters of reprimand shall remain in personnel files for a period of two (2) years. After two (2) years the employee may petition letters of reprimand for removal unless a similar incident has occurred during that time. Cumulative letters for the same type of incident shall remain for two (2) years after the date of the last letter of reprimand. Any removal is at the sole discretion of the City and shall not be eligible for grievance.
F. All other disciplinary actions and documents shall remain in personnel files for four (4) years.
After four (4) years, the employee may petition disciplinary actions and documents for removal unless a similar incident has occurred during that time. Cumulative disciplinary actions and/or other documents for the same type of incident shall remain for four (4) years from the date of the last disciplinary action and/or documentation. Any removal is at the sole discretion of the City and shall not be eligible for grievance.
G. In all situations related to past and current disciplinary items, it shall be the responsibility of the employee to petition for the removal of said items to the Fire Chief or designee.
LEAVE OF ABSCENSES
A Alternative Health & Wellness
Employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of said leave.
AHW hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used.
Additionally, AHW leave may be used for family sick leave purposes as defined under the law (Labor Code 233).
Employees must notify the Battalion Chief a minimum of four (4) hours prior to the beginning of their shift, if possible. Employees who call in sick must utilize all available AHW leave for the
duration of their sickness and may not use any other type of leave unless the employee's AHW leave is exhausted.
Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of two (2) or more consecutive working shifts days during which AHW leave is requested unless waived by the City Administrator. If the absence during which leave is requested is less than 2 consecutive workdays, no physician's certificate (note) will be necessary prior to returning to work, unless the City has reasonable cause to believe there is abuse of the leave.
AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours. The AHW hours have no cash value during employment or upon termination of employment.
Employees receive up to ninety-six (96) hours of AHW leave effective the first pay period in July, as long as the AHW bank does not exceed 192 hours.
New employees will receive a pro -rated amount of AHW hours based on their date of hire. For example, an employee who begins employment in October, will receive sixty-four (64) hours of AHW with the first pay period in November for the remaining eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.
Employees in active service as of July 1st will receive $250 with the first paycheck in July each year.
In addition to the $250, employees who use thirteen (13) hours of leave or less of AHW leave during a fiscal year (between July 1 -June 30) will be given $1,000 with the first pay check following the completion of the fiscal year and may convert twenty-four (24) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave.
In addition to the $250, employees who use more than thirteen (13) hours but twenty-six (26) hours of leave or less of AHW leave between July 1 - June 30 will be given $500 with the first pay check following the completion of the fiscal year and, may convert twelve (12) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave.
B. Bereavement Leave
Upon the death of an immediate family member,48/96 and 4/12 employees may use up to forty- eight (48) hours of paid bereavement leave in a consecutive twelve-month period and 4/10 employees may use up to forty (40) hours of paid bereavement leave in a consecutive twelve- month period beginning from the date the leave first begins. For bereavement leave purposes, immediate family members include spouse, registered domestic partner, parent, parent -in-law, sister/sister-in-law, brother/brother-in-law, child, stepchild, and foster child as well as grandparent and grandchild.
C. Personal Time Off (PTO)
The purpose of personal time off (PTO) is to enable eligible unit employees to take time off from work.
PTO accrues on a per pay period basis as follows:
• Upon Hire - completion of five (5) years of service 120 hours • Beginning of sixth year - completion of seven (7) years of service 140 hours • After Completion of eight (8) to ten (10) years of service 160 hours • After completion of ten (10) years of service 180 hours Partial PTO Leave Accrual
Should an employee have paid hours less than their normally required full-time scheduled hours on any pay period, PTO accrual is pro -rated based on the number of paid hours.
PTO Maximum Accrual
Employees may accumulate up to a maximum of 260 hours. Once an employee reaches the maximum, no additional PTO will accrue until the accrual bank is below the maximum.
Accrual Balance Upon Appointment
Upon appointment to a classification covered by this compensation resolution, the City Administrator may authorize a beginning PTO level above zero.
PTO Use
PTO may be used following the completion of six (6) months of City service.
PTO may be requested and used for any reason subject to the AHW policy. Use of PTO is subject to approval by the employees' Battalion Chief. Requests for PTO use should be provided as far in advance as feasible, but generally with at least four (4) weeks' notice. Employees must comply with department policy regarding scheduling and use of PTO. Should a request to use PTO be denied, and the nature of the request is for a protected leave under the law, the employee is expected to seek assistance from Human Resources to facilitate approval of the leave. PTO will be reviewed and approved by the Fire Chief or his/her designee. Vacations will be pre- scheduled a minimum of three months in advance.
PTO Cash Out
An employee may irrevocably elect to receive payment for PTO as follows.
1. The employee submits a completed PTO Leave Cash Out Election form (provided by Human Resources) by December 15th to elect to receive a cash payment for PTO hours that was accrued during that calendar year.
2. The election for cash out is limited to one -hundred and fifty {150) hours of accrued and unused PTO.
3. The irrevocable election request is to receive cash payment for the number of hours elected at the base hourly rate of pay.
4. Payment for the PTO cash out will occur with the first paycheck paid in December of the following calendar year.
5. At the time of the cash out, the balance of PTO once the cash out is made must be at least forty-eight (48} hours. Should the balance fall below forty-eight (48) hours, the amount of cash out will be adjusted to provide a cash out that results in a PTO balance of forty-eight (48) hours.
Should fewer than ninety-six (96) hours be accrued at the time of cash out, no payment for PTO will be made to the employee.
Use of PTO Immediately Prior to Separation
PTO may not be used immediately prior to separation as a means to extend fully paid status for an individual when there is no intent to return to work, unless expressly approved by the City Administrator or as permitted under the law.
Payment or Accrued and Unused PTO Upon Separation
Accrued and unused PTO in accordance with the maximum accrual and other applicable sections of this document is paid at the base hourly rate of pay with the final paycheck upon separation from City service.
D. Holidays
Unit employees shall not be entitled to leave on designated holidays, but will receive 4.62 hours per pay period in lieu of holiday pay or leave on the designated holiday.
Employees in the Fire service work without regard to holidays. No additional compensation is provided for working on holidays.
If an employee is scheduled to work on a holiday, they are not entitled to use PTO.
E. Jury Duty
Employees who are summoned for jury duty on a regularly scheduled work day will be compensated with paid jury duty service of up to eleven (11) hours per day. Employees released from jury service shall return to work immediately to complete their shift. Employees must submit proof of jury duty service upon completion of the service.
F. Leave of Absence Without Pay
The City Administrator may grant a leave of absence without pay for up to one year at his/her sole discretion. The denial of a request for an unpaid leave of absence is not subject to any grievance or appeal process.
The unpaid leave of absence in this section would be for a leave of absence that is not covered under any law or other City policy. An employee must exhaust all accrued leave prior to being eligible for an approved leave of absence without pay. An employee, who fails to return to work from a leave of absence without pay, may be subject to termination from employment.
During any unpaid leave of absence, employees will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.
G. Military Leave
Military leave is provided pursuant to the provisions of the State of California and federal law_ H. Workers' Compensation Leave
Safety employees are eligible for leave benefits pursuant to Labor Code 4850.
Modified Dutv/Return to Work Program
All injured employees shall adhere to the City's Modified Duty/Return to Work Program K. Holidays —Unit employees shall receive the equivalent of 13 fixed holidays (i.e. 4.62 hours of CTO per pay period) and 48 hours floating holidays
BENEFITS
A. Insurance and Benefit Plans
1. Medical
The City will provide access to medical insurance through the California Public Employees' Retirement System (CaIPERS). If an employee elects to participate in a CaIPERS medical plan, the maximum monthly City contribution, including any PERS required minimum, will be made as follows:
The City shall pay up to 100% of the plan selected, up to a maximum of:
• $722 per month for employee only
• $1,444 per month for employee+1
• $1,877 per month for employee+2
Employees may select any available CaIPERS benefit plan. Should an employee select a plan with premiums in excess of the City contribution level, the employee will be responsible for payment of such through payroll deductions. Should an individual select a plan less than the City contribution, the City's contribution is limited to the plan premium.
Employees who opt out of the CaIPERS medical plan will receive $400 per month. To receive the opt out cash, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out payment cannot be made, and the City will not in fact make payment if the employer knows that the employee or tax family member doesn't have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. The selection of dental plan provider and coverage is at the City's sole discretion.
2. Dental
Employees (and eligible dependents) may elect to enroll in a dental plan offered by the City. City will provide a choice between an HMO plan (California Dental) or PPO Plan (Principal Dental) to include orthodontic coverage, this benefit is a $1,500 lifetime maximum per family member enrolled in the dental plan. The selection of dental plan provider and coverage is at the City's sole discretion.
3. Vision
The City will enroll employees and eligible dependents in a vision plan. The vision plan premium is paid by the City. The selection of vision plan provider and level of coverage is at the City's sole discretion.
4. Life Insurance
The City provides a life insurance benefit in the amount of one times the employee's annual salary, rounded to the next $1,000 with a maximum of $150,000 if coverage for employees, and $1,000 for spouse and children over the age of six (6) months. The premium for life insurance is paid by the City. The selection of life insurance plan provider and level of coverage is at the City's sole discretion.
5. Short Term and Long -Term Disability
The City offers a short-term and long-term disability plan. The premiums for both plans are paid by the City. Coverage levels, eligibility requirements, and benefit payments are maintained in the plan document maintained in Human Resources. The selection of the plan provider and level of coverage is at the City's sole discretion.
6. Section 125 Flexible Spending Accounts
The City offers medical and/or dependent care flexible spending accounts. Participation in one or both plans is voluntary and funded by the employee.
B. Retirement
The City does not participate in Social Security. The City provides a defined contribution plan for employees. Retirement age is 50 years. Employer contributions to the plan are ten percent (10%) of base pay. Compensation defined as base pay excludes overtime, specialty pay, education pay, reimbursements, allowances, leave cash outs, and any other ad hoc pay.
Employees become 100% vested in the plan upon completion of their fourth anniversary of employment with the City. Should the employee separate from service prior to their fourth anniversary all retirement benefit contributions made by the City on their behalf will be returned to the City. No employee contributions are required but are permitted if the employee chooses.
The annual limit shall be per IRS rules and regulations (currently $20,500).
The City retains sole discretion in selecting the plan provider. Details on plan provisions are in the plan document.
C. Deferred Compensation Plan
Employees may participate in a 457 deferred compensation program by electing to contribute pre- tax earnings to the plan subject to annual plan limits.
D. Tuition Reimbursement
The City shall reimburse an employee seventy-five percent (75%) of the actual cost of books and tuition for a course given by an accredited public and private institution at the current per unit cost of tuition at a "tax supported" institution (Cal -State Fullerton shall be used as the standard); provided such course directly pertains to the employee's present duties and/or pertains to the next step toward promotion in his/her field of endeavor; further provided that a written request must be submitted and approved by his/her department head and the City Administrator prior to the date of the first meeting of the course; further provided said employee remains in the employ of the City for one (1) year after successful completion of said course. If he/she leaves prior to said one (1) year, the employee is responsible for reimbursement of that cost. The City may cap the amount of the tuition reimbursement funds. Those funds will be identified annually in the City budget. Requests for reimbursement will be processed in a first-come, first-served basis, subject to the annual cap.
APPENDIX A
PLACENTIA FIREFIGHTERS ASSOCIATION
SALARY SCHEDULE
Effective July 1, 2022
Hourly STEPS
Job Class A 8 C ❑ E
Fire Captain' 28.91 30.47 32.12 33.85 35.68
Fire (Apparatus) Engineer1 24.81 26.15 27.56 29.05 30.62 Patrol Engineer2 28.94 30.51 32.15 33.89 35.72
Firefighter' 21.80 22.98 24.22 25.53 26.91
NOTE:
1. Position hourly rates are based on a 56 hour work week (2,912 annual work hours)
2. Position is based on 48 hour work week on a 4/12 schedule ( 2,496 annual work hours)
TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR
DECEMBER 6, 2022
AGENDA REPORT
SUBJECT: CERTIFICATION OF THE CANVASS OF THE NOVEMBER 8, 2022 GENERAL
MUNICIPAL ELECTION RESULTS
FISCAL
IMPACT: NONE
SUMMARY:
On July 19, 2022, the City Council adopted Resolution R-2022-49 calling a General Municipal Election to be held Tuesday, November 8, 2022, for the purpose of electing one (1) member to the City Council, District 2; one (1) member to the City Council, District 4; and an at -large City Clerk, each to a four (4) year term. This action adopts a resolution declaring the results of the November 8, 2022 General Municipal Election.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Receive and file the Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns; and
2. Adopt Resolution No. 2022-86, a Resolution of the City Council of the City of Placentia, California, reciting the fact of the General Municipal Election held on Tuesday, November 8, 2022 declaring the result and such other matters as provided by law.
INTRODUCTION:
Every even -numbered year, the Placentia Charter requires the holding of a General Municipal Election for the purpose of electing City officials. Through City Council action, the November 8, 2022 General Municipal Election was consolidated with the Statewide General Election conducted by the Orange County Registrar of Voters held on the same day.
The State Elections Code requires the City Council to certify the election results no later than the next regularly scheduled City Council meeting following the Orange County Registrar's final Agenda Item 3b
3.a.
Dec 6, 2022
City Council Agenda
December 6, 2022
Canvass of the Returns. The City Clerk is submitting the subject Resolution (Attachment No. 1) for adoption as required by the State Elections Code and City Charter.
The Resolution and the Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns (Attachment No. 1, Exhibit A) provide the specific numbers of ballots cast and votes received by each candidate in the November 8, 2022 election.
Orange County Registrar of Voters Analysis and Results
The municipal elective offices open in the election were as follows:
• One (1) member of the City Council, District 2 for a full term of four (4) years.
Candidates: Chad Wanke
Jeff Buchanan (write-in)
• One (1) member of the City Council, District 4 for a full term of four (4) years.
Candidates: Michael Beshai
Kevin Kirwin
• One (1) City Clerk for a full term of four (4) years.
Candidate: Robert S. McKinnell
Pursuant to the vote of the people of the City of Placentia, the following individuals were elected to the following offices:
Member of the City Council, District 2: Chad Wanke
Member of the City Council, District 4: Kevin Kirwin
City Clerk: Robert S. McKinnell
The City Council's adoption of the proposed Resolution is required to certify the election results.
According to the City Charter, the term of all members shall commence at the first regular Council meeting following the certification of the election results and each member shall serve until a successor is elected and qualified. The official canvass of the election contains a report of the numbers of votes cast for each candidate.
City Council Agenda
December 6, 2022
Prepared by:
I/O
Rb anna Ramirez
Deputy City Administr
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachment:
Resolution R-2022-86 - Reciting the Fact of the General Municipal Election Held On Tuesday, November 8, 2022
RESOLUTION NO. R-2022-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON TUESDAY,
NOVEMBER 8, 2022, DECLARING THE RESULT AND
SUCH OTHER MATTERS AS PROVIDED BY LAW
A. Recitals.
(i). A General Municipal Election ("Election") was held and conducted in the City of Placentia, California, on Tuesday, November 8, 2022, as required by law. (ii). Notice of the Election was given in the time, form and manner as provided by law; voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Election Code of the State of California for the holding of elections in general law cities and pursuant to the requirements of the Placentia City Charter.
(iii). The Orange County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as "Exhibit A".
(iv). All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., above.
2. The whole number of ballots cast in the precincts except vote by mail voter ballots and provisional ballots, was 3,118.
3. The whole number of vote by mail voter ballots cast in the City was 14,202, making a total of 17,320 ballots cast in the City.
4. The names of persons voted for at the election for Member of the City Council, District 2 are as follows:
Chad Wanke
Jeff Buchanan (w)
Resolution R-2022-86 ATTACHMENT 1
5. The names of the persons voted for at the election for Member of the City Council, District 4 is as follows:
Michael Beshai
Kevin Kirwin
6. The name of the person voted for at the election for City Clerk is as follows:
Robert S. McKinnell
8. The number of votes given in the City to each of the persons above named for the respective offices for which the persons were as listed in "Exhibit A" attached hereto and by this reference made a part hereof.
9. The City Council does declare and determine that:
Chad Wanke was elected as Member of the City Council, District 2 for the full term of four (4) years;
Kevin Kirwin was elected as Member of the City Council, District 4 for the full term of four (4) years;
Robert S. McKinnell was elected as City Clerk for the full term of four (4) years.
10. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the Election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; and (4) The total of number of votes given to each person.
11. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
12. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Resolution R-2022-86 ATTACHMENT 1
PASSED, ADOPTED AND APPROVED this 6th day of December 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 6th day of December 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-86 ATTACHMENT 1
EXHIBIT A
The Certificate of Registrar of Voters
Result of the Canvass of the General Municipal Election Returns For November 8, 2022
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE
CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I, Bob Page, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote, consolidated with the General Election held on November 8, 2022.
CITY OF PLACENTIA
MEMBER OF THE CITY COUNCIL, DISTRICT 2
KEVIN KI RWI N
MICHAEL BESHAI
1,975
1,590
VOTE CENTER BALLOTS CAST: 717
VOTE -BY -MAIL BALLOTS CAST: 3,562
TOTAL BALLOTS CAST: 4,279
MEMBER OF THE CITY COUNCIL, DISTRICT 4
CHAD WANKE
JEFF BUCHANAN
2,970
97 VOTE CENTER BALLOTS CAST: 757
VOTE -BY -MAIL BALLOTS CAST: 3,607
TOTAL BALLOTS CAST: 4,364
CITY CLERK
ROBERT S. "BOB" MCKINNELL 12,540
VOTE CENTER BALLOTS CAST: 3,118
VOTE -BY -MAIL BALLOTS CAST: 14,202
TOTAL BALLOTS CAST: 17,320
I hereby certify that the number of votes cast for each candidate is as set forth above and appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 2nd day of December, 2022.
BOB PAGE
Registrar of Voters
Orange County