HomeMy WebLinkAbout2004 CON CDC Opper & Varco - Legal ServicesAGREEMENT BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AND
OPPER & VARCO LLP
THIS AGREEMENT is entered into this 2"d day of February, 2004 by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY, (the "CDC"), and Opper & Varco LLP, (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to provide legal
advice and assistance with regard to brownfield redevelopment, particularly environmental
matters and cost recovery litigation, and
WHEREAS, the CDC has determined that the CONTRACTOR is a law firm
qualified by experience and ability to perform the services desired by the CDC, and the
CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CDC for such services, except as authorized in
advance by the CDC. The CONTRACTOR shall appear at meetings as required and requested to
keep staff and the CDC Board advised of the progress on the project.
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under
this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
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3. PROJECT COORDINATION AND SUPERVISION.
Raul Carrillo hereby is designated as the Project Coordinator for the CDC and will monitor the
progress and execution of this Agreement. The CONTRACTOR shall assign a single Project
Director to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONTRACTOR. Richard G. Opper is designated as the Project Director
for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $75,000 without prior written
authorization from the Executive Director of the CDC. Monthly invoices will be processed for
payment and remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A" as determined by the CDC.
The CONTRACTOR shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CDC
and for furnishing of copies to the CDC, if requested.
5. LENGTH OF AGREEMENT. This Agreement shall continue until
terminated by the CDC for cause or convenience, at its unilateral discretion.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CDC for use with respect to this Project, and shall be turned over to the CDC upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CDC and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under this
agreement, except upon the CDC's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CDC, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S
written work product for the CDC's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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Any modification or reuse by the CDC of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section
14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability
to the CDC should the documents be used by the CDC for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CDC and is not entitled to any of the rights, benefits, or privileges of the CDC's
employees, including but not limited to medical, unemployment, or workers' compensation
insurance.
This Agreemcnt contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CDC for entering into this Agreement was, and is, the professional reputation
and competence of the CONTRACTOR and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONTRACTOR without the prior written consent of the
CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or
hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees shall
have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's
employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent
that the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are in any
manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR,
its agents, servants, and employees are as to the CDC wholly independent contractors and that
the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each
of its subcontractors, shall obtain and maintain a current City of National City business license
prior to and during performance of any work within the CDC.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the
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term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations.
The CDC expects that the CONTRACTOR shall take all special precautions necessary to protect
the CONTRACTOR's employees and members of the public from risk of harm arising out of the
nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CDC that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR's professional performance or the furnishing of materials or services relating
thereto.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual oricntation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment any noticcs provided
by the CDC setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONTRACTOR without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder, the
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CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONTRACTOR shall he liable to Ci)C for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
I4. INDEMNIFICATION AND IIOLD IIARMLESS. The CONTRACTOR
agrees to indemnify, defend, and hold harmless the CDC, the City of National City, and their
officers, employees and volunteers, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings,
costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by
anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's negligent
performance of this Agreement. This indemnity is not intended to act as a guarantee or warranty of
the success of any legal service provided hereunder, which service will he provided to the level of
expertise identified in Section 11, above.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, defend and hold harmless the CI)C and its officers, employees and volunteers from
and against all claims, demands, payments, suits, actions, proceedings and judgments of every
nature and description, including attorney's fees and costs presented, brought or recovered against
the CDC or its officers, employees, or volunteers, for or on account of any liability under any of
said acts which may be incurred by reason of any work to he performed by the CONTRACTOR
under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property damage
arising out of its operation under this Agreement.
C. Workers' Compensation Insurance covering all of its employees and
volunteers.
D. The aforesaid policies shall constitute primary insurance as to the CDC, its
officers, employees, and volunteers, so that any other policies held by the CDC shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CDC of cancellation or material change.
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E. The Comprehension General liability and Automobile insurance policies
shall name the CDC and its officers, agents and employees as additional insureds.
F. if required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for tluce years
after expiration of the term (and any extensions) of this Agreement.
G. Any aggregate insurance limits must apply solely to this Agreement.
H. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the CDC's Risk Manager, if such products are readily available.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CDC may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
he considered in determining the amount of the judgement or award. Attomey's fees to the
prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's
fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith,'to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall he borne equally by the parties. Any controversy or claim arising out of,
or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall he final and conclusive upon the
parties, and a judgment thereon may he entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and hear the costs of its own experts,
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evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall be effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said
written material shall vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
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To the CDC:
Benjamin Martinez, Executive Director
Community Development Commission of the City of National City
140 East 12th Street, Suite B
National City, CA 91950-3312
To the CONTRACTOR:
Richard G. Opper, Esq.
Opper & Varco LLP
225 Broadway, Ste. 1900
San Diego, CA 92101
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or
material for the project in which the CONTRACTOR has a material financial interest, either
direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all
times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CDC in which the
CONTRACTOR has a financial interest as defined in Government Code Section 87103. The
CONTRACTOR represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall
obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or
expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, thcn such date
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shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
1. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to cnter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
//
Signature page to follow
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COMMUNITY DEVELOPMENT OF
THE CITY OF NATIONAL CITY
By:
ATTEST
By:
Benjamin Martinez
Executive Director, C
APPROVED AS TO FORM:
George H. Eiser, lII
Legal Counsel
OPPER & VARCO LLP
Richard G. Opper
317-1oa-
Partner
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Scope of Work
Fee Schedule
ENVIRONMENTAL AND LAND USE PRACTICE
With extensive experience in court and "on the ground," Opper & Varco LLP provides public
agencies and private entities solutions to brownfield redevelopment challenges and policy issues,
environmental law regulatory and transactional advice, and litigation services for cost recovery
and other environmental claims. The firm actively represents clients before administrative
agencies and in state and federal trial and appellate courts.
Brownfield Redevelopment
From "smart" planning, through the regulatory process and into construction, we have resolved
some of the most complex problems using creative approaches to legal, regulatory and economic
challenges.
Environmental Cost Recovery
Opper & Varco LLP has made wide use of state and federal cost recovery statutes and courts,
with a successful trial and appellate record and broad experience with mediation and other
alternative dispute resolution techniques.
Transaction and Regulatory Support
Working closely with transaction counsel (or serving in that capacity) and a variety of scientific,
engineering and economic consultants, we try to integrate into a seamless element of the project
team. We have resolved regulatory problems at the local, state and federal level and have
worked to successfully close transactions valued in the hundreds of millions of dollars.
Insurance Coverage & Recovery
Analysis of the rapidly evolving world of environmental coverage is challenging. We have diverse
experience with many of the new products and can assist in the risk and cost analysis. When
coverage disputes occur, we have litigated and settled many such matters for policy holders.
CEQA and Land Use
We have brought and defended writs for judicial review of California Environmental Quality Act
matters, and offer counsel and advice on compliance.
Our attorneys have substantial and specialized experience with takings issues, eminent domain
matters and regulatory taking claims.
Richard Opper $255/hr (Discounted from $295.)
Suzanne Varco $255/ hr (Discounted from $265.)
Linda Beresford $235/ hr (Standard rate)
Contract Attorney (when appropriate and authorized) $120 —175/ hr
Paralegal $95.00/hr
Opper & Varco LLP, Attorneys At Law
225 Broadway, Suite 1900 • San Diego, California 92101
Telephone (619) 231.5858 • Facsimile: (619) 231-5853
svarco@, envirolawy er.com
EXHIBIT "A"
ACORD CERTIFICATE OF L'"- BILITY INSURANCE
PRODUCER
Ahern Insurance Brokerage
9fi55 Granite Ridge Dr., #500
' Diego CA 92123
P.one:858-571-9030 Fax:858-571-9010
INSURED
225Opper & dayoSuite 1900
2 Broadway
San Diego CA 92101
OP ID ,TH DATE (MM/DDIYYYY)
_?PER-1 03/18/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: ender, For The Prolo.ions Ins
INSURER B:
INSURER C.
INSURER D.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAW
ANY REQUIREMENT, TERM OR CONDITION OF ANY
MAY PERTAIN, THE INSURANCE AFFORDED BY THE
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE
BEEN ISSUED TO THE INSURED NAMED
ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
CONTRACT OR OTHER DOCUMENT WITH
POLICIES DESCRIBED HEREIN IS SUBJECT
BEEN REDUCED BY PAID CLAIMS.
ILTR
AMYL
INSRC
TYPE OF INSURANCE
POLICY NUMBER
DATE (\MrDDIYY)
DATE (IOF7-
LIMITS
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE I I OCCUR
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EACH OCCURRENCE
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ANY AUTO
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COMBINED SINGLE LIMB
(Ea accJdent)
BODILY INJURY
(Per person)
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PROPERTY DAMAGE
(Per accident)
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GARAGE
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ANY AUTO
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AUTO ONLY: AGG
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EACH OCCURRENCE
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AGGREGATE
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DEDUCTIBLE
RETENTION S
S
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WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
II yet Oescnbe under
SPECIAL PROVISIONS Dhow
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OTHER
Professional !LPL032629
Liability Ins.
11/01/03
11/01/04
*SEE BELOW
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
LAWYER'S PROFESSIONAL LIABILITY INSURANCE
UNDERWRITER FOR THE PROFESSIONS INSURANCE COMPANY
*LIMIT OF LIABILITY: $1,000,000 PER CLAIM/$3,000,000 ANNUAL AGGREGATE
$5,000 PER CLAIM DEDUCTIBLE
*10 DAY NOTICE OF CANCELLATION DUE TO NON-PAYMENT OF PREMIUM
CERTIFICATE HOLDER
CANCELLATION
EVIDENCE OF
EVIDENC
INSURANCE ONLY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.�
AUTHORIZED REPRESEATIVE ' ` "'y �. /j -
Christine B. Clark /�%/p�y�s/, 7H-
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
CEi<TIFICATE OF INSURANCE
at ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
owing policyholder for the coverages indicated below:
of policyholder SUZANNE R . VARCO AND RI CHARD G . OPPER
Address of policyholder 225 BROADWAY STE 1900
Location of operations
SAN DIEGO, CA 92101
Description of operations
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims.
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date Expiration Date
LIMITS OF LIABILITY
(at beginning of policy period)
Comprehensive
BODILY INJURY AND
9 0 - LQ - 8 4 2 7 - 3
Business Liability
11 / 01 / 0 3
11 / 01 / 0 4
PROPERTY DAMAGE
This insurance includes: r Products - Completed Operations
00 Contractual Liability
• Underground Hazard Coverage
Each Occurrence $ 1000000
■ Personal Injury
■ Advertising Injury
General Aggregate S 2000000
• Explosion Hazard Coverage
Products - Completed
• Collapse Hazard Coverage
Operations Aggregate $ 2000000
■ General Aggregate Limit applies to each project
■
■
EXCESS LIABILITY
POLICY PERIOD
Effective Date Expiration Date
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
• Umbrella
Each Occurrence $
• Other
Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability
Each Accident $
Disease Each Employee $
Disease - Policy Limit $
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date Expiration Date
LIMITS OF LIABILITY
(at beginning of policy period)
L L
Name and Address of Certificate Holder
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
1,40 E. 12TH ST. , STE B
PIONAL CITY, CA 91950
558-994 a 2-90 Printed in U.S.A
Title
If any of the described policies are canceled before its
expiration date, State Farm will try to mail a written notice to
the certificate holder 30 days before cancellation. If,
however, we fail to mail such notice, no obligation or liability
will be imposed on State Farm or its agents or
representatives.
Signature ofAuuthbrizeedRepresentative
� V
Date
asj c