HomeMy WebLinkAbout04125 - RUTAN & TUCKER CITY ATTORNEY MO 6463 PALM City of Palm Springs
Office of the City Clerk
(760) 323-8204
V N
MEMORANDUM
4r .`
o1'0A'V.
C1cI FORN\r
Date: February 11, 2004
To: Troy Butzloff, Asst. City Manager
From: City Clerk
AGREEMENT #4125- Rutan & Tucker
Please let us know the status of the above agreement, and if it may be closed.
Termination Date of Agreement: Terminated by City 06-30-02
STATUS: L- ' '
COMPLETED:
REMAIN OPEN UNTIL:
Date & Initials
CLOSE AGR- -
$g ture
PLEASE RETURN TO THE OFFICE OF THE CITY CLERK
c-clk\forms.std\agr-c1 se.mem
Rutan&Tucker, LLP
Legal Services
AGREEMENT#4125
M06463, 7-28-99
PALM SPRINGS -- - - -
LEGAL SERVICES CONTRACT
This LEGAL SERVICES CONTRACT (the "Agreement") is entered into by and
between the law firm of RUTAN & TUCKER, LLP, ("Rutan & Tucker") and the CITY OF
PALM SPRINGS, a municipal corporation ("City"). The term "City" shall also include the
PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, the PALM SPRINGS
HOUSING AUTHORITY, and all boards, commissions, and other bodies of City. This Legal
Services Contract shall supersede the prior Legal Services Contract dated September 25, 1990,
as amended June 2, 1993, and June 13, 1996; as of July 1, 1999, if approved by the City
Council.
1. SCOPE OF WORK AND DUTIES.
City Council hereby appoints David J. Aleshire as the City Attorney, and hires
Rutan & Tucker as its City Attorney, to render such legal services as are customarily rendered
by a City Attorney, including attending meetings of the City Council, Redevelopment Agency,
Housing Authority, Planning Commission, and other boards and bodies of City, and its affiliated
agencies, as directed by the City. Representation shall include, but not necessarily be limited
to, reviewing ordinances and resolutions, reviewing city contracts, recommending, reviewing
and overseeing the hiring and supervising of any and all other attorneys employed by City to
perform legal work on any litigation or other matter, consulting with or advising City staff on
legal issues which arise within their areas of operation, and generally advising the City Council
and City staff concerning all legal affairs of City. With respect to pending matters handled by
attorneys previously or otherwise employed by City, Rutan & Tucker shall become responsible
for and proceed to represent City in such matters once the same are identified by the City
Council or City Manager and all files have been transferred to Rutan & Tucker.
Rutan & Tucker, as a full-service law firm, is prepared to, and will, provide
representation to City in all of its legal affairs, including, but not limited to, municipal law, land
use, environmental, toxics, mining, tort defense, personnel, labor representation, code
enforcement, criminal prosecution, redevelopment, housing, cable television, finance,
franchising, contracts, enterprise matters, and other matters, except where conflicts exist or
where the City Council may otherwise direct. The City Attorney shall represent City in
initiating and defending all litigation unless otherwise directed by the City Council.
All of these duties shall be performed, as directed by the City Council, and the
City Attorney will keep City informed as to the progress and status of all pending matters.
Finally, the City Attorney is expected to manage, control and oversee the delivery of legal
services in a competent, professional, and cost-effective manner. Notwithstanding the foregoing,
it is expressly understood that Rutan & Tucker shall not be responsible for any pending litigation
matter(s) until Rutan & Tucker has specifically appeared in the matter(s) as attorneys of record
on behalf of City. Notwithstanding any other provision contained herein, any legal services can
only be authorized by the City Council or City Manager.
276/099999-0084/3268055.1 m06/02/99 -1- PALM SPRINGS LEGAL SERVICES CONTRACT
2. CITY DUTIES.
City agrees to provide such information, assistance, cooperation, and access to
books, records, and other information, as is necessary for Rutan & Tucker to effectively render
its professional services under this Agreement. To the extent City desires services to be
rendered on site, City, at City's expense, will make available sufficient office space, furniture,
telephones, computers, facsimile machines, and secretarial support, as approved by the City
Manager, necessary therefor.
City further agrees to abide by this Agreement, and to timely pay Rutan &
Tucker's bills for fees, costs, and expenses. In addition, City understands that the fee structure
herein represents a blending of rates, with certain services offered at discounted rates, on the
assumption that, due to the volume of work, other services will be rendered at higher rates.
Therefore, insofar as possible, it is the intent of the parties hereto that all matters
of City requiring the rendition of legal services be performed by Rutan & Tucker. However,
nothing in this Section, or any other part of this Agreement, shall be construed in any manner
as limiting the ultimate and absolute discretion of the City Council, and the City Council solely,
at any time, to assign or reassign legal matters of City from or to Rutan & Tucker.
3. LEGAL FEES, BILLn1 G PRACTICES. AND PERSONNEL.
Rutan & Tucker's fees will be charged on an hourly basis for all time actually
expended, and such fees are generally billed monthly with payment due within thirty (30) days
after the date of the bill. In addition to David J. Aleshire acting as City Attorney, Rutan &
Tucker will provide the following additional attorneys to render the predominate legal services
hereunder:
William W. Wynder: Chief Litigation Deputy/Labor, Personnel
Fred Galante: Assistant City Attorney/Planning, Land Use, General
William M. Marticorena: Deputy City Attorney/Cable, Finance
Richard Montevideo: Deputy City Attorney/Toxics, Mining
Robert O. Owen: Deputy City Attorney/Litigation
M. Katherine Jenson: Litigation
Douglas J. Dennington: Code Enforcement
Rutan & Tucker will exercise its discretion to utilize whichever attorney(s) (and
staff) it determines to be best suited to its rendition of legal services under this Agreement,
consistent with the competent and efficient rendering of legal services, and with a view toward
rendering such services in an economically efficient manner.
Commencing July 1, 1999, a monthly retainer of Ten Thousand Dollars
($10,000.00 ($100.00 per hour)) will be paid by City for up to one hundred (100) hours of
general legal services (excluding the specified services noted hereinafter). For all hours of
general legal services above one hundred (100) hours per month, City will compensate Rutan
& Tucker at a blended hourly rate irrespective of the attorney rendering the legal services, of
One Hundred Fifty-Five Dollars ($155.00) per hour.
2761099999-0084/3268055.1 M06/02/99 -2- PALM SPRINGS LEGAL SERVICES CONTRACT
With respect to additional special areas of legal expertise, including
redevelopment, personnel, labor, cable television, franchising, mining, toxics, major contracts,
enterprise activities, or other similar matters, City will compensate Rutan & Tucker at the
blended rate of One Hundred Seventy-Five Dollars ($175.00)per hour from July 1, 1999; which
rate will be increased to One Hundred Eighty Dollars ($180.00) per hour on July 1, 2000.
With respect to liti ag tion services, City will compensate Rutan & Tucker at the
blended rate of One Hundred Seventy-Five Dollars($175.00)per hour from July 1, 1999; which
rate will be increased to One Hundred :Eighty Dollars ($180.00) per hour on July 1, 2000.
Additional information with respect to this fee arrangement is set forth in more
detail in Exhibits "A" and "B" attached hereto and incorporated herein by this reference. In the
event of any conflict in the provisions, the terms of base document shall control over the
exhibits. Blended rates are computed based upon the hours of service irrespective of the rate
of the attorney. Blended rates are also shown for legal assistants.
The foregoing arrangement would remain in effect for at least Fiscal Years 1999-
2000 and 2001-2002. However, the hourly rates of the attorneys at Rutan & Tucker are
reviewed annually and, when appropriate, adjusted to reflect increases in expertise as well as
other appropriate factors. Such increases are made on an annual basis, effective as of the
beginning of each calendar year. While the hourly rates for services rendered by individual
Rutan & Tucker attorneys may be adjusted as set forth herein, the "blended rates" established
in this Section shall not be adjusted except as provided here, and only upon the approval of the
City Council.
4. COSTS AND OTHER CHARGES.
Rutan & Tucker may incur various costs and expenses in rendering the legal
services required by this Agreement. These costs and expenses are set forth in more detail in
Exhibit "B" attached hereto, and incorporated herein by this reference. City agrees to reimburse
Rutan & Tucker for these costs and expenses in addition to the hourly fees for legal services.
Rutan & Tucker may determine it necessary or appropriate to use one or more
outside investigators, consultants, or experts in rendering the legal services required(particularly
if a matter goes into litigation). City will be responsible for paying such fees and charges.
Rutan & Tucker will not, however, retain the services of any outside investigators, consultants,
or experts without the prior agreement of City. Rutan & Tucker will select any investigators,
consultants, or experts to be hired only after consultation with City.
The cost and expenses referred to herein include certain travel expenses;
transportation, meals, and lodging; when incurred on behalf of the client. Generally, these will
only be charged when outside of the area, and only with the prior agreement of City.
Finally, periodically, when on-site, Rutan & Tucker personnel may be required
to make local and long-distance telephone calls, or make photocopies, or incur other expenses
on behalf of the City as well as other clients. Rutan & Tucker will not be charged for such
276/099999-0084/3268055.1 m06/02/99 -3- PALM SPRINGS LEGAL SERVICES CONTRACT
expenses and, in exchange, will not charge the City for calls made from Costa Mesa or other
locations to the City.
5. STATEMENTS.
Rutan & Tucker shall render to City a statement for fees, costs, and expenses
incurred on a periodic basis (generally monthly). Such statement(s) shall indicate the basis of
the fees, including the hours worked, the hourly rate(s), and a brief description of the work
performed.
6. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.
The experience, knowledge, capability and reputation of Rutan & Tucker, its
partners, associates, and employees, were a substantial inducement for City to enter into this
Agreement. Therefore, Rutan & Tucker shall not contract with any other person or entity to
perform, in whole or in part, the legal services required under this Agreement without the
written approval of City. In addition, neither this Agreement, nor any interest herein, may be
transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of
law, whether for the benefit of creditors, or otherwise, without the prior written approval of
City.
7. INDEPENDENT CONTRACTOR.
Rutan & Tucker shall perform all legal services required under this Agreement
as an independent contractor of City, and shall remain, at all times as to City, a wholly
independent contractor with only such obligations as are required under this Agreement. Neither
City, nor any of its employees, shall have any control over the manner, mode, or means by
which Rutan & Tucker, its agents or employees, render the legal services required under this
Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge,
supervision or control of Rutan & Tucker's employees, servants, representatives, or agents, or
in fixing their number, compensation, or hours of service.
8. INSURANCE.
Rutan & Tucker shall procure and maintain, at its sole cost and expense,
comprehensive general liability and property damage insurance, including automobile and excess
liability insurance, and professional liability insurance against all claims for injuries against
persons or damages to property resulting from Rutan & Tucker's negligent acts or omissions
rising out of or related to Rutan & Tucker's performance under this Agreement. The minimum
amount of such insurance shall be Five Million Dollars ($5,000,000.00) or such amount as the
City may determine. Rutan & Tucker shall also carry Workers' Compensation Insurance in
accordance with applicable workers' compensation laws. The insurance required hereunder shall
be kept in effect during the term of this Agreement, and shall not be subject to reduction in
coverage below the limits established herein, nor cancellation, nor termination without thirty (30)
days' prior written notice by registered letter to City. A certificate evidencing the foregoing,
and naming City as an additional insured, shall be delivered to and approved by City prior to
commencement of the services hereunder.
276/099999-0084/3268055.1 m06/02/99 -4- PALM SPRINGS LEGAL SERVICES CONTRACT
9. COVENANT AGAINST DISCRIMINATION.
Rutan&Tucker covenants that, by and for itself, its heirs, executors, assigns, and
all persons claiming under or through them, that there shall be no discrimination against, or
segregation of, any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry in the performance of this Agreement. Rutan &
Tucker shall take affirmative action to ;insure that applicants are employed, and that employees,
are treated during employment, without regard to their race, color, creed, religion, sex, marital
status, national origin, or ancestry.
10. TERM, DISCHARGE AND WITHDRAWAL.
This Agreement shall continue in effect, subject to modification of fees as
provided in Section 4, until terminated by either party hereto. City may discharge Rutan &
Tucker at any time. The City Attorney shall not be deemed an employee of City, and shall have
no right to hearing or notice, and may be discharged with or without notice. Rutan & Tucker
may withdraw from City's representation at any time, to the extent permitted by law, and the
Rules of Professional Conduct, upon at least sixty (60) days' notice to City.
In the event of such discharge or withdrawal, City shall pay Rutan & Tucker's
professional fees and costs, in accordance with this Agreement, for all work done (and costs
incurred) through the date of cessation of legal representation. City agrees to execute, upon
request, a stipulation in such form as to permit Rutan & Tucker to withdraw as City's attorneys
of record in any legal action then pending. Rutan & Tucker shall deliver all documents and
records of City to City, or to counsel designated by City, and assist to the fullest extent possible
in the orderly transition of all pending :matters to City's new counsel.
11. CONFLICTS.
Rutan & Tucker has no present or contemplated employment which is adverse to
the City. Rutan & Tucker agrees that it shall not represent clients in matters either in litigation
or non-litigation against the City. However, Rutan & Tucker may have past and present clients
or may have future clients, which, from time to time, may have interests adverse to City, and
Rutan & Tucker reserves the right to represent such clients in matters not connected with its
representation of the City.
If a potential conflict of interest arises in Rutan & Tucker's representation of two
clients, if such conflict is only speculative or minor, Rutan & Tucker shall seek waivers from
each client with regards to such representation. However, if real conflicts exist, Rutan &
Tucker would withdraw from representing either client in the matter, and assist them in
obtaining outside special counsel.
[SIGNATURES ON NEXT PAGE]
2761099999-0084/3268055.1 m06/02/99 -5- PALM SPRINGS LEGAL SERVICES CONTRACT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
of execution by the City.
"CITY"
CITY OF PALM SPRINGS,a municipal corporation
Date City Manager
_ f
City Clerk
"RUTAN & TUCKER"
RUTAN & TUCKER, LLP
Date David J. Alg5hire, Esq.
[END OF SIGNATURES]
Ifs`;'"�.
�°
276/099999-0084/3268055.1 m06/02/99 -6- PALM SPRINGS LEGAL SERVICES CONTRACT
• i
EXHIBIT "A"
FEE .ARRANGEMENT
(1) The retainer will be Ten Thousand Dollars ($10,000.00) per month ($100.00 per
hour) for up to One Hundred (100) hours of general legal service.
(2) General legal services over one hundred (100) hours per month will be billed at
the blended rate One Hundred Fifty-Five Dollars ($155.00) per hour from July
1, 1999.
(3) Special legal services shall include litigation matters, public finance, disciplinary
actions or hearings, labor negotiations, redevelopment, housing, cable television,
mining, toxics, refuse, franchising, enterprise activities, and any major contract
negotiation. Except for public finance, all such matters shall be billed at the
blended billing rate of One Hundred Seventy-Five Dollars ($175.00) per hour
from July 1, 1999, to June 30, 2000, and One Hundred Eighty Dollars ($180.00)
per hour thereafter.
(4) For public finance the fee structure is one percent of the first $1 million executed
and delivered; one-half percent of the next $4 million executed and delivered; and
one-quarter percent of the balance in excess of $5 million subject to a minimum
fee of Twenty Thousand Dollars ($20,000.00). In the event that multiple series
of bonds or notes are issued, the foregoing fee schedule would be applied to each
issue, subject to the $20,000.00 minimum fee. Payment of the fees are entirely
contingent upon the successful execution and delivery of the bonds or notes to be
payable on or after delivery except for out-of-pocket expenses.
(5) In addition to the foregoing, we would be reimbursed for out-of-pocket expenses
including telephones, telecopier, messenger, courier, and other communication
costs; reproduction expense; computer research facilities; court reporters; travel
expense outside of Southern California (and not to Palm Springs); and other costs
and expenses incurred on your behalf.
(6) The blended rate for legal assistants, irrespective of matter, shall be Eighty
Dollars ($80.00) per hour, and for document clerks shall be Thirty-Five Dollars
($35.00) per hour.
(7) The other normal terms and conditions of our billing are set forth in the
Statement of Billing Practices attached as Exhibit "B".
(8) The foregoing fee arrangement would commence July 1, 1999, and remain in
effect until June 30, 2002, and thereafter until adjusted.
Exhibit "A"
276/099999-0084/3268055.1 m06/02/99 -7- TO IRWINDALE FEE AGREEMENT
EXHIBIT "B"
STATEMENT OF BILLING PRACTICES
FOR EMPLOYMENT OF LEGAL SERVICES
Rutan & Tucker's fees are charged on an hourly basis for all time actually expended and
are generally billed monthly with payment due within thirty (30) days after the date of the bill.
Our presently prevailing hourly design rates vary between $135.00 per hour and $375.00 per
hour depending upon the experience and background of the individual attorneys and between
$45.00 and $135 for legal assistants. The current hourly design rate for the attorneys and staff
working on this matter will be set forth in the billing statement. At the end of this exhibit are
the current hourly design rates for the attorneys who will spend the predominate amount of time
on this matter. It should be understood that hourly rates are reviewed, and when appropriate,
adjusted to reflect increases in seniority and experience as well as inflationary factors. These
increases are generally made on an annual basis effective on the beginning of each calendar year.
Rutan & Tucker will incur various costs and expenses in performing legal services.
These costs and expenses are separately billed to the client and include fees fixed by law or
assessed by public agencies, long distance telephone calls, messenger and other delivery fees,
postage, parking, and other local travel expenses, photocopying (charge of twenty cents ($.20)
per page) and other reproduction costs, clerical, staff overtime, computer-assisted research fees,
travel costs beyond Southern California (including lodging, meals, and incidentals), and other
similar items including deposition, reporter fees, and transcript fees. In addition, the client will
be responsible for paying the fees of consultants and other outside experts who are retained after
consultation with the client.
It is understood that Rutan & Tucker will not charge for actual travel time, local
telephone calls or calls made to the City. In exchange, Rutan & Tucker shall not be charged
for calls made or received at the City, whether local or long-distance, nor for copying charges
since copying on-site will reduce the charge to the client.
The monthly billing statements for fees and costs shall indicate the basis of the fees,
including the hours worked, the billable rates charged, and description of the work performed.
All bills are expected to be paid within thirty (30) days of the date of the billing statement. in
the event any statement remains unpaid for more than thirty (30) days after the date of the
statement, interest thereon at the rate of ten percent (10%) per annum shall be due and payable
thereafter on the unpaid balance.
It is expressly understood that the client may discharge Rutan & Tucker at any time.
Rutan & Tucker may withdraw from representation at any time to the extent permitted by law
under the Rules of Professional Conduct, upon reasonable notice to the client. In the event of
such discharge or withdrawal, client shalll pay Rutan & Tucker fees and costs in accordance with
this agreement for all work done (and costs incurred) through the termination of Rutan &
Tucker's representation of client. Upon such termination withdrawal, Rutan & Tucker shall
deliver to client all of its files in this matter and any property in possession at Rutan & Tucker
belonging to client.
Exhibit "B"
276/099999-0084/3268055.1 M06/02/99 -$- TO IRWINDALE FEE AGREEMENT
HOURLY RATES FOR ATTORNEYS ASSIGNED TO MATTER:
David J. Aleshire $280.00
Eric L. Dunn $165.00
William M. Marticorena $300.00
William W. Wynder $250.00
Richard Montevideo $240.00
Hans Van Ligten $230.00
Ski Harrison $225.00
Bob Owen $225.00
Dan Slater $215.00
Jennifer White-Sperling $190.00
Jeff Melching $165.00
BLENDED RATES PREVAIL OVER THE HOURLY RATES.
HOURLY RATES FOR LEGAL ASSISTANTS:
Jacqueline Strain $ 85.00
Teri Ford $ 75.00
Exhibit "B"
276/099999-0084/3268055.1 M06/02/99 -9- TO IRWINDALE FEE AGREEMENT
Client# : 25926 RUTATUC
AC�RD� CERTIFICP& OF LIABILITY INSUONCE 09/00/03
0309/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Armstrong/Robitaille Iris Svcs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
680 Langsdorf Drive #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 34009
Fullerton, CA 92834-9409 r INSURERS AFFORDING COVERAGE
INSURED { INS),�ERA:Kemper National Ins Companies
RUTAN & TUCKER, LLP1 '4.
- ) SURERB:Superior Nation ante Group
P .O. Box 1950 ; 611 Anton B vd. 'I ! NSURER C:
Costa Mesa, CA 92626
INSURERD: 0/• �
INSURER E:
COVERAGES C;
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE INDIC �. 0, RHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 9OA M BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUS ONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTRGATE MM/DD/YY OATE MM/DO/YY LIMITS
A �GENERAL LIABILITY 3MH73160900 03/01/00 03/01/01 EACH OCCURRENCE $1 000 000
h COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 500 000
�� CLAIMS MADE� OCCUR VIED EXP(Any one person) $ 10 000
PERSONAL&ADV INJURY $1 000 , 000
J GENERAL AGGREGATE $2 000 , 000
GEN'L AGGREGATE LIMITAPPLIESPER. PRODUCTS-COMP/OPAGG $2 000 000
POLICY PRO LOC
A AUTOMOBILE LIABILITY 3MH73160900 03/01/00 03/01/01 COMBINED SINGLELIMIT
ANYAUTO (Eaaccldent) $1, 000 , 000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIREDAUTOS BODILYINJURY
X NON-OWNEDAUTOS (Peraccitlent) $
�
PROPERTY AGE(Per accldeni)idenp $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHERTHAN EAACC $
AUTO ONLY: AGG $
A �EXCESSLIABILITY 3SX13212400 03/01/00 03/01/01 EACH OCCURRENCE $10 , 000 , 00
yI
J OCCUR 1:1CLAIMS MADE AGGREGATE $10 , 000 , 00
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND W9911S76S1 � 01/01/00IO1/O1/01 �X WC STATU- OTH-
EMPLOYERS'LIABILITY - - - - — TAR-Y_LMJTS_ EP _
E.L.EACH ACCIDENT $1, 000, 000
E.L.D ISEASE-EA EMPLOYEE $1, 000, 000
E.L.DISEASE-POLICY LIMIT $1 000 000
OTHER 10 day NOC non-pay
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONSADDED BY EN OORSEMENT/SPECIAL PROVISIONS
Certificate holder is additional insured as respects liability arising
out of work performed by or on behalf of the named insured, excluding
Workers' Compensation.
CERTIFICATE HOLDER ADDIIIONALINSUREO'INSURER LETTER CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION
City Of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL EN DEAVORTO MAIL3 n DAYSWRITTEN
3200 E. Tahquitz Canyon Way NOTICETOTHE CERTIFICATE HOLDERNAMEOTOTHE LEFT,BUTFAILURE TO DO SO SHALL
P.O. Box 2743 IMPOSE NO OBLIGATION OR LIABILITY OF ANYKINO UPON THE INSURER,ITS AGENTS OR
Palm Springs, CA 92263 REPRESENTATIVES.
AUTHOPSIZEDREPRESENIATIVE
ACORD25-S(7/97)1 of 2 #S101438/M101430 MJM 0 ACORD CORPORATION 1988
Ciient : 25926 RUTATUC
EDJW.M CERTIFIC OF LIABILITY INSU CE 0DATE 3/(19/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Armstrong/Robitaille BUS&InsSv ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT ANJEND,)E)TtND OR
680 LangSdorf Drive #100 ALTER THE COVERAGE AFFORDED BY THE-POCI'CIES BELOW.
PO Box 34009
Fullerton, CA 92834-9409 INSURERS AFFORDING COVERAGE
INSURED INSURER A.Vigi i ant / Chubb v.rl
RUTAN & TUCKER, LLP INSURERBFederal / Chubb
P.O. Box 1950 INSURERC.Calif State Compensation Ins Fund
611 Anton Blvd, 14th Floor -- - - -- -
Costa Mesa, CA 92626-1998 INSURER D. /
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
- -- -_.-
NTpI TYPE OFINSURANCE POLICY NUMBER PDATE MM/0D%YY POATE MM/SAD%IVY LIMITS
A GENERAL LIABILITY 35777864LAO 03/01/02 03/01/03 EACH OCCURRENCE $1, 000 , 000
X I COMMERCIAL GENERAL LIABILITY _FIRE DAMAGE(Any one t ire) S1ncluded
CLAIMS MADE; XJ OCCUR MED EXP(Any one person) I$10 000
PERSONAL&ADV NJURY $l, 000 , 000
GENERAL AGGREGATE 1,$2 , 000 , 000
IGEN-LAGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OPAGGI$included
POLICY; JE CT LOC
B AUTOMOBILE LIABILITY 74970319LAO 03/01/02 03/01 03 COMBINED SINGLE LIMIT ;
ANYAUTO (Eaaccmtlenl) $I-, 000, 000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Perperson) $
X I HIRED AUTOS BODILYINJURY Is
$
X NON-OWNED AUTOS (Per acm tleni) - - -
PROPERTY DAMAGE $
IF accltlenl)
GARAGE LIABILITY ;AUTO ONLY-EA ACCIDENT $
ANYAUTO OTHERTHAN EAACC $
(AUTO ONLY: AGO $
B EXCESS LIABILITY i79806708LA0 03/01/02103/01/03 1I EACH OCCURRENCE $10 000 00
X OCCUR ; CLAIMS MADEi AGGREGATE - $10, 000 ,,00
$
DEDUCTIBLE $
X RETENTION 50 I $
C WORKERS COMPENSATION AND 1158994202 01/01/02 01/01/03 IX TOR
CSTATTSI_ .-IOER. _
EMPLOYERS'LIABILITY
_ E.L.EACH ACCIDENT__ $1, 000 , 000
E.L.D ISEASE-EA EMPLOYEE $1, 000 , 000
E L.DISEASE-POLICYLIMI $1, 000 , 000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY EN DORSEMENTISPECIAL PROVISIONS
*Ten Day Notice of Cancellation for Non Payment of Premium
The City of Palm Springs is additional insured, excluding Workers'
Compensation.
CERTIFICATE HOLDER ADDITIONALINSURED;INSURERLETTEFR _ _ CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION
City Of Palm Springs DATETHEREOF,THE ISSU ING INSURER WILLEN DEAVOR TO MAIL*.3_0_DAYSWRITTEN
3200 E . Tahqulta Canyon Way NOTICETOTHECEFMFICATE HOLDER NAMED TOTHE LEFT,BUTFAILURE TO DO SO SHALL
P .O. Box 2743 IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER,ITSAGENTSOR
Palm Springs, CA 92263 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD25-S(7/97)1 of 2 #S165073/M164686 CJA 0 ACORD CORPORATION 1988
I
page 2 Of 5
Client#: 1257796 305RUTANTUC
ACORD. CERTIFICATE OF LIABILITY INSURANCE DAT 1612OD/YVVV)
2/1 HO23
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: It the certificate holder IS an AUDIT IUNAL INSURCU, LM Pohl
it SUBROGATION IS WAIVED, subject to the terms and conditions of the p
this certificate does not confer any rights to the certificate holder In lieu of
PRODUCER
I
McGriff Insurance Services
130 Theory Ste 200 i
Irvine, CA 92617
714 941 II -
must have ADDITIONAL INSURED provisions or be endorsed.
certain policies may require an endorsement. A statement on
INSURER A: Federal Insurance Company
INSURED INSURER 8:
Rutan & Tucker LLP
18575 Jamboree Rd., 9th Floor
Irvine, CA 92612-1998
INSURER C
INSURER D:
INSURER E: - ---
INSURER F
COVFRAn FS CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTq
TYPE OF INSURANCE
ODL
Inn
UBii
Wye
PDLICYNUMBER
POLICY EFF
MMIDWYYY
POLICY EXP
MsoevvyYYj_
A
X COMMEnCIALGENERALLIAINLRY
CLAIMS -MADE �]X OCCUR
-a —
36001486WUC
0112023
D3101/2t124
EACH OCCURRENCE
p AGE TO RENTED
i. PRPHO'ER Pecunence
f1 oD0000
f 1 OlX1000
MED EXP (Any one pemon)
f 10 000
PERSONAL B A)V IN.AIRY
f1000000
GEN'L AGGREGATE LIMIT APPLIES PER PER:
X POLICY J COT LOC
OTHER:
GENERAL AGGREGATE
f2000000
PRODUCTS - COMPIOP AGO
It
f
A AUTOMOBILELIABLRY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
MIRED NONOWNED
X AUTOS ONLY X AUTOS ONLY
73SO261
-�
03MM023
MM/2024
COOMBIiNED1SINGLELMIT
0
1r000000
BODILY INJURY tow Person)
It
BODILY INJURY (Pa" a¢iINI
f
PROPERTY DAMAGE
Per 0
f
s
A X. umsAELLA LUIS . X OCCUR
EXCESS UAB CLANS -MADE
�DED RETENTIONS
79890486
/2023
03/01/2024
EACH OCCURRENCE
610 060 000
AGGREGATE
f10 o00 D00
WORKERS COMPENSATION
AND EMPLOYERS' LUIBILRY
ANY PROPRIETOWPARTNEWEXECUTIVE YIN
OFFICEWMEMSER EXCLUDED,
(1111aMMorr In NN)
nyyS� de ft.unler
DESCRIPTION OF OPERATIONS below
NIA
PER OTH-
El. EACH ACCIDENT
f
E.L. DISEASE - EA EMPLOYEE
3
_
E1. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1ACORD 101, AWMonal Remark$ Schedule, may be attached It more space N mqulrarp
Certificate is subject to policy limits, conditions and exclusions. RECEIVED
The City of Palm Springs is included as Ac"EcjNtr" with respects to General Liability as required
by written contract. FEB 2 7 2023
-B 2 i 2023
C ty Hail
('tV HAII Re ID,
UCH I IrIUA I C MULUCM UAIYUCLLA I IUM
City of Palm Springs
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
3200 E. Tahqutta Canyon Way
ACCORDANCE WITH THE POLICY PROVISIONS.
P.O. Box 2743
AUTHORIZED REPRESENTATIVE
Palm Springs, CA 92263-0000
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) 1 off The ACORD name and logo are registered marks of ACORD
450( #S31586034IM31584506 TOMOC
page 3 of 5
This page has been -left blank intentionally.
4588
page 4 oT b
Liability Insurance
Endorsement
Policy Period 03/012023 to 03/012024
Effective Date ON012023
Policy Number 36001486WUC
Insured Rutan&Tucker LLP
This Endorsement applies to the following forms:
GENERAL LIABILITY
Under Who Ls An Insured, the following provision is. added
Who Is An Insured
Additional Insured- Persons or orgarti zatiorn shown in the Schedule are insured s; but they am insureds only i f you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by
Or Organization this policy.
However, the person or organizationis an insured only:
if and then only to the extent the person or organization is described in the Schedule;
to the extent such contract or agreement requires the person or organization to he afforded
status as an insured;
for activities that did not occur, in whole or in part,before the execution of the contract or
agreement; and
with respect to damages, loss, cost or expense for injury or damage to which this insurance
applies.
-- ----- No person ororganizationisan insuredunderthis provision: - - --- ------ -_
- _ . _ ,• -, ,. that -is morespecifica6yidendfiedamder-anyotherprovisionof-the-Who-Is-An-Insured
section (regardlessofany limitationapplicablethereto).
• with respectin any assumption of liability(of another person or oiganizadon)by them in a
contract or agreement.This limitation does not apply to the liability for damages, loss, cost or
expense for injury or damage, to which this insurance applies,that the person or organization
would have in the absence of such contract or agreement.
uabilitylnsuranoe Add'tionatlnsured- Schcdo%fMr��,RrioWFation contFnuod
Form 80-02-2367 (Rev. "7) Endorsement Page 1
4509
page 5 of 5
Liability Endorsement
(continued)
Under Conditions,the following provision is added to the condition titled Other Insurance.
Conditions
Olherinsurance-
If you am obligated,purs. uantto a contractor agreement, to provide the person or organization
Primary, Noncontributory
shown in the Schedule with primary insurancesuch as is afforded by this policy, then in such case
Insurance —Scheduled
this insuranceis primary and we will not seek contribution finm insurance availableto such person
Person Or Organ¢ation
or organization.
— -- - --- persons or organizations that you are obligated, pursuant -to a con ra or agreement, to promdewth--
such insurance as is afforded by this policy.
All other terms and conditions remain unchanged
Authorized Representative
Uabilitylnsurance Addtional Insured- Sched�r !aUrn lastpage
Form 80-02-2367(Rev 5-07) Endorsement �} Page 2
4510