HomeMy WebLinkAbout2006 CON CDC Donald Detisch - Legal ServicesAGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
(the "CDC") and the Law Office of Donald W. Detisch, (the "Firm"). This Agreement sets forth
the parties' mutual understanding concerning legal services to be provided by the Firm.and the
fee arrangement for said services.
Article 1. Retainer. The CDC hereby retains the Firm to assist in representing the
CDC in connection with legal services pertaining to real estate, redevelopment law and related
litigation, subject to this Agreement.
Article 2. Scope of Services. The CDC shall have the right in its sole discretion to
determine the particular services to be performed by the Firm under this Agreement. These
services may include the following: consultation, litigation, and transactional services as needed
by the CDC for Eminent Domain Law, including right of entry agreements, resolutions of
necessity, administrative record inquiries, relocation plans and related public hearings, and any
and all litigation, consultation, and acquisition of real and personal property through real estate
and purchase sales agreements; preparation of Exclusive Negotiation Agreements, Owner
Participation Agreements, Disposition and Development Agreements, and other related real
estate, redevelopment and housing related documents, ordinances, and resolutions; and
appearance before any administrative agencies and boards to provide expert testimony for the
above referenced legal services. It is expected that the Firm will work with the CDC's Legal
Counsel and staff.
Article 3. Compensation. Compensation paid under this Agreement shall be as
follows: Attomey $175 per hour; Paralegal/Legal Assistant $85 per hour; and Legal Intern
per hour.
A. The Firm shall not use more than one attorney for the same specific task
without the CDC's approval. The Firm may use the minimum number of attorneys for
this engagement consistent with good professional practice after consulting with and
obtaining approval by the CDC.
B. The Firm agrees to document a plan and budget consistent with the scope
of services described above in Article 2 to be agreed to by the CDC's Legal Counsel and
the Firm. The CDC shall not be obligated to pay the Firm amounts not discussed,
budgeted, and agreed to before being incurred by the Firm.
C. The CDC has appropriated or otherwise duly authorized the payment of an
amount not to exceed $100,000 for legal services and out-of-pocket disbursements
pursuant to this Agreement. In no event shall the total fees plus out-of-pocket
disbursements exceed this amount without written authorization of the CDC.
Page 1 of 9
Agreement for Legal Services
C 2')C
D. The Firm shall keep the CDC advised monthly as to the level of attorney
hours and client services performed under Article 1. The Firm will not charge the CDC
for travel time; however, the Firm may charge for work performed for the CDC during
any travel time.
E. The CDC further agrees to reimburse the Firm, in accordance with the
procedures set forth in this Article, for telephone, fax, mail, messengers, federal express
deliveries, document reproduction, client -requested clerical overtime, lodging, and
similar out-of-pocket expenses charged by the Firm as a standard practice to its clients
generally, with the exception of travel and meals. In any billing for disbursements, the
Firm shall provide the CDC with a statement breaking down the amounts by category of
expense. The following items shall not be reimbursed, unless the CDC has specifically
agreed otherwise:
(1) Word Processing, clerical or secretarial charges, whether expressed
as a dollar disbursement or time charge.
(2) Storage of open or closed files, rent, electricity, local telephone,
postage, receipts or transmission of telecopier documents, or any other items traditionally
associated with overhead.
(3)
Photocopy charges in excess of $.10 (ten cents) per page.
(4) Auto mileage rates in excess of the rate approved by the Internal
Revenue Service for income tax purposes.
(5) Secretarial overtime. Where case requirements demand overtime,
the CDC will consider reimbursement on a case -by -case basis. The CDC will not
reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines
known in advance.
(6) Equipment, books, periodicals, research materials, Westlaw/Lexis
or like items.
(7) Express charges, overnight mail charges, messenger services or the
like, without the CDC's prior consent. The CDC expects these expenses to be incurred in
emergency situations only. Where case necessity requires the use of these services, the
CDC will consider reimbursement on a case -by -case basis.
(8) Travel and meals.
(9) Late payment charge and/or interest. Due to the nature of the
CDC's payment process, the CDC will not pay any late charges or interest charges to
bills. Every effort will be made to pay bills promptly.
Page 2 of 9
Agreement for Legal Services
F. Bills from the Firm should be submitted to George Eiser, Legal Counsel,
1243 National City Boulevard, National City, CA 91950-4301. The individual time and
disbursement records customarily maintained by the Firm for billing evaluation and
review purposes shall be made available to the CDC in support of bills rendered by the
Firm.
G. The Firm agrees to forward to the CDC a statement of account for each
one -month period of services under this Agreement, and the CDC agrees to compensate
the Firm on this basis. The Firm will consult monthly with the CDC as to the number of
attorney hours and client disbursements which have been incurred to date under this
Agreement, and as to future expected levels of hours and disbursements.
H. Billing Format. Each billing entry must be complete, discrete and
appropriate.
(1) Complete
(a) Each entry must name the person or persons involved. For
instance, telephone calls must include the names of all participants.
(b) The date the work was performed must be included.
(c) The hours should be billed in .10 hour increments.
(d) The specific task performed should be described, and the
related work product should be referenc `telephone call re: trial brief,"
"interview in preparation for deposition").
(e) The biller's professional capacity (partner, associate,
paralegal, etc.) should be included.
(2) Discrete: Each task must be set out as a discrete billing entry;
neither narrative nor block billing is acceptable.
(3) Appropriate: The CDC does not pay for clerical support,
administrative costs, overhead costs, outside expenses or excessive expenses. For
example, the CDC will not pay for secretarial time, word processing time, air
conditioning, rental of equipment, including computers, meals served at meetings,
postage, online research, or the overhead costs of sending or receiving faxes.
Neither will the CDC pay for outside expenses such as messenger delivery fees,
investigative services, outside computer litigation support services, or overnight
mail.
I. Staffing. Every legal matter should have a primarily responsible attorney
and a paralegal assigned. The CDC's representative may review staffing to insure that it is
optimal to achieve the goals of the engagement at the least cost.
Page 3 of 9
Agreement for Legal Services
(1) Paralegals are to be used to the maximum extent possible to
enhance efficiency and cost-effectiveness. All tasks typically considered associate work
should be considered for assignment to a paralegal.
(2) Once an attorney is given primary responsibility for an
engagement, that person should continue on the legal matter until the matter is concluded
or the attorney leaves the firm. The CDC will not pay the costs of bringing a new
attorney up to speed.
(3) If more than one attorney is going to perform the same task, prior
approval from the CDC must be had. This includes document review.
Article 4. Independent Contractor. The Firm shall perform services as an
independent contractor. It is understood that this contract is for unique professional services.
Accordingly, the duties specified in this Agreement may not be assigned or delegated by the
Firm without prior written consent of the CDC. Retention of the Firm is based on the particular
professional expertise of the individuals rendering the services required in the Scope of Services.
Article 5. Confidentiality of Work. All work performed by the Firm including but
not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or
composed by the Firm pursuant to this Agreement is for the sole use of the CDC. All such work
product shall be confidential and not released to any third party without the prior written consent
of the CDC.
Article 6. Compliance with Controlling Law. The Firm shall comply with all
applicable laws, ordinances, regulations, and policies of the federal, state, and local governments
as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and
all directives issued by the CDC or its authorized representatives under authority of any laws
statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and
control the terms and conditions of this Agreement.
Article 7. Acceptability of Work. The CDC shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
In the event the Firm and the CDC cannot agree to the quality or acceptability of the work, the
manner of performance and/or the compensation payable to the Firm in this Agreement, the CDC
or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the
CDC shall each prepare a report which supports their position and file the same with the other
party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the Firm.
Article 8. Indemnification. The Firm agrees to indemnify and hold the CDC and its
agents, officers, and employees harmless from and against all claims asserted or liability
established for damages or injuries to any person or property, including injury to the Firm's
employees, agents, or officers, which arise from or are connected with or caused or claimed to be
Page 4 of 9
Agreement for Legal Services
caused by the acts or omissions of the Firm and its agents, officers, or employees in performing
the work or other obligations under this Agreement, and all expenses of investigating and
defending against same; provided, however, that this indemnification and hold harmless shall not
include any claims or liability arising from the established sole negligence or willful misconduct
of the CDC, its agents, officers, or employees.
Article 9. Insurance. The Firm shall not commence work under this Agreement
until it has obtained all insurance required in this Article with a company or companies
acceptable to the CDC. At its sole cost and expense, the Firm shall take and maintain in full
force and effect at all times during the term of this Agreement the following policies of
insurance:
A. Commercial general liability insurance with a combined single limit of not
less than one million dollars ($1,000,000).
B. For all of the Firm's employees which are subject to this Agreement, to the
extent required by the State of California, Workers' Compensation Insurance in the
amount required by law.
C. Errors and omissions insurance in an amount not less than two million
dollars ($2,000,000) per claim.
D. All insurance required by express provision of this Agreement shall be
carried only in responsible insurance companies licensed to do business in the State of
California. The policies carried pursuant to paragraph 9.A above shall name as additional
insureds the CDC and its Board officials, officers, employees, agents, and
representatives. All policies shall contain language, to the extent obtainable, to the effect
that: (1) the insurer waives the right of subrogation against the CDC and its elected
officials, officers, employees, agents, and representatives; (2) the policies are primary and
not contributing with any insurance that may be carried by the CDC; (3) the policies
cannot be cancelled or materially changed except after thirty (30) days' notice by the
insurer to the CDC by certified mail. Before this Agreement shall take effect, the Firm
shall furnish the CDC with copies of all such policies upon receipt of them, or a
certificate evidencing such insurance. The Firm may effect for its own account insurance
not required under this Agreement.
Article 10. Drug Free Work Place. The Firm agrees to comply with the City of
National City's Drug -Free Workplace requirements. Every person awarded a contract by the
CDC for the provision of services shall certify to the CDC that it will provide a drug -free
workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain
this provision.
Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against
any subcontractor, vendor, employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
Page 5 of 9
Agreement for Legal Services
medical condition. The Firm will take positive action to insure that applicants are employed
without regard to their age, race, color, ancestry, religion, sex, sexual orientation, 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 Firm agrees to post in conspicuous places available to
employees and applicants for employment any notices provided by the CDC setting forth the
provisions of this non-discrimination clause.
Article 12. Effective Date and Term. This Agreement shall be effective upon
execution by the Firm and CDC and continue until written notice of cancellation, unless
otherwise provided herein. This Agreement may be terminated at any time by either party with
sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to
the CDC's Legal Counsel.
Article 13. Notification of Change in Form. The Firm has the right to effect
changes in form including but not limited to: the change in form from a partnership to a
professional law corporation; the change in form of any partner or partners from an individual or
individuals to a professional law corporation; the change in form of any corporate partner or
partners to any individual partners. The CDC shall be promptly notified in writing of any change
in form.
Article 14. Notices. In all cases where written notice is to be given under this
Agreement, service shall be deemed sufficient if said notice is deposited in the United States
mail, postage paid. When so given, such notice shall be effective from the date of mailing of the
notice. Unless otherwise provided by notice in writing from the respective parties, notice to the
Agency shall be addressed to:
George Eiser, Legal Counsel
Community Development Commission of the
City Of National City
1243 National City Boulevard
National City, CA 91950
cc: Chris Zapata
Executive Director
Community Development Commission of the
City Of National City
1243 National City Boulevard
National City, CA 91950
Page 6 of 9
Agreement for Legal Services
Notice to the Firm shall be addressed to:
Donald W. Detisch, Attorney at Law
110 West A Street, Suite 750
San Diego, CA 92101
Nothing contained in this agreement shall preclude or render inoperative service or such notice in
the manner provided by law.
Article 15. Headings. All article headings are for convenience only and shall not
affect the construction or interpretation of this Agreement.
Article 16. Miscellaneous Provisions.
A. Time of Essence: Time is of the essence for each provision of this
Agreement.
B. California Law: This Agreement shall be construed and interpreted in
accordance with the laws of the State of California. The Firm covenants and agrees to
submit to the personal jurisdiction of any state court in the State of California for any
dispute, claim, or matter arising out of or related to this Agreement.
C. Integrated Agreement: This Agreement including attachments and/or
exhibits contains all of the agreements of the parties and all prior negotiations and
agreements are merged in this Agreement. This Agreement cannot be amended or
modified except by written agreement, and mutually agreed upon by the CDC and the
Firm.
D. Severability: The unenforceability, invalidity, or illegality of any
provision of this Agreement shall not render the other provisions unenforceable, invalid,
or illegal.
E. Waiver: The failure of the CDC to enforce a particular condition or
provision of this Agreement shall not constitute a waiver of that condition or provision or
its enforceability.
F. Conflict of Interest: During the term of this Agreement, the Firm shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the CDC. This prohibition shall not preclude the CDC from expressly
agreeing to a waiver of a potential conflict of interest under certain circumstances.
G. 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.
Page 7 of 9
Agreement for Legal Services
H. 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, and (iii) 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.
Article 17. Subconsultants. From time to time the Firm has needed to engage the
services of subconsultants such as appraisers and/or other experts in connection with its work for
CDC. Historically, the Firm has obtained the prior approval of CDC to engage these individuals
and firms and obtained the CDC's concurrence that it, not the Firm, will pay for the services of
these consultants. The arrangement has proven satisfactory to the parties and therefore that
practice will be continued. The CDC's prior approval will be obtained and the CDC, however,
will be entirely responsible for the payment of the consultants engaged on behalf of the Firm and
the CDC.
Any disputes by and between a subconsultant and the CDC shall be handled as set forth
in Article 7. however, the Firm shall not be responsible for any payments to the subconsultant.
Page 8 of 9
Agreement for Legal Services
IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the 215t day
of November 2006.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY
OF NATIONAL CITY
By:
LAW OFFICE OF DONALD W.
By: 4
Nick Inz s nza, :. ., ' W. De isch
Attorney at Law
APPROVED AS TO FORM:
1
George H. Eiser, III
Legal Counsel
By:Li s
(Name)
(Title) 6 tti-$E2-
Page 9 of 9
Agreement for Legal Services
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6/11/2010 2:59:27 PM PAGE 2/003 Fax Server
AC-0RaCERTIFICATE OF LIABILITY INSURANCE DATE 2/DD/YYYY)
06/161E E//DD/
PRODUCER
LIANT INSURANCE SERVICES INC
,,i1 B STREET 6TH FLOOR
SAN DIEGO, CA 921018156
(888) 661-3938
XY330 882
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 #
INSURED
LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
1010 WEST 2ND AVENUE, SUITE 1810
SAN DIEGO, CA 92101
INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
INSURER B, THE TRAVELERS INDEMNITY COMPANY OF CONNECTIC UT
INSURER C.
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.
INSR
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INS 9C
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YYYY)
POUCY EXPIRATION
DATE (MM/DO/YYYY)
LIMITS
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X
GENERAL
X
LIABIITY
COMMERCIAL GENERAL LIABILITY
680-86K36859-10
06/15/2010
06/15/2011
EACH OCCURRENCE
$1,000,000
$300,000
DAMAGE TO RENTED
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I CLAIMS MADE JOCCUR
MED EXP (Any one person)
$ 5, 000
X
HIRED AUTO
PERSONAL & ADV INJURY
$ 1`) ,000,00
X
NON OWNED AUTO
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO -
POLICY n JECT 1LOC
PRODUCTS - COMP/OP AGG
$2,000,000
AUTOMOBILE
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LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea actleent)
$
BODILY INJURY
(Per person)
$
BODILY INJURY(Per acciden1)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY- EA ACCIDENT
$
OTHER THAN EA ACC
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AUTO ONLY' AGO
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EXCESS/UMBRELLA
LIABILITY
EACH OCCURRENCE
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AGGREGATE
$
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$
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WORKERS COMPENSATION AND
EMPLOYERS'LIABILrfY VM
ANY ROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
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06/15/2010
06/15/2011
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$ 1 ,000,000
$ 1 ,000,000
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$ 1 ,000,000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS
AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - DESIGNATED
PERSON/ORGANIZATION, CG T4 91 .
CERTIFICATE HOLDER
CANCELLATION
THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL
TY
_43 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE 40•••••`,
ACORD 25 (2009/01)
01988-2009 ACORD CORPORATION- All rights reserved.
The ACORD name and logo are registered marks of ACORD
06/11/2010 FRI 12:01 [JOB NO. 9360] l 002
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TRAVELERSJ
One Tower Square, Hartford, Connecticut 06183
INSURING COMPANY:
THE
TRAVELERS INDEMNITY COMPANY OF CONNECTICUT
Named Insured:
Policy Number:
Policy Effective Date:
Policy Expiration Date:
Issue Date:
Premium $
CHANGE ENDORSEMENT
LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
I-680-86K36859-TCT-09
06-15-09
06-15-10
06-14-10
NIL
Effective from 09-01-09 at the time of day the policy becomes effective.
THIS INSURANCE IS AMENDED AS FOLLOWS:
CHANGE EFFECTIVE DATE IS AMENDED TO READ: 6/10/2010
ON THE COMMON POLICY DECLARATIONS, ITEM 1. NAMED INSURED'S MAILING
ADDRESS IS CHANGED TO:
1010 2ND AVENUE, SUITE 1810
SAN DIEGO, CA 92101
CG T4 91 - NAME: THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
THE FOLLOWING FORMS AND/OR ENDORSEMENTS IS/ARE
THESE FORMS ARE ADDED TO THE POLICY OR REPLACE
ON THE POLICY:
CG T4 91 11 88
INCLUDED WITH THIS CHANGE.
FORMS ALREADY EXISTING
NAME AND ADDRESS OF AGENT OR BROKER Countersigned by
ALLIANT INS SERVICES INC XY330
701 B STREET 6TH FLOOR
SAN DIEGO
CA 92101-8156
DATE:
Authorized Representative
IL TO 07 09 87 (Page 01 of 01) Office: ELMIRA NY SRV CTR
004688
POLICY NUMBER: I-680=86K36859-TCT-09'
EFFECTIVE DATE: 06-15-09
ISSUE DATE: 06-14-10
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY LINE ❑F BUSINESS.
IL TO 07 09 87 CHANGE ENDORSEMENT
IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
COMMERCIAL GENERAL LIABILITY
CG T4 91 11 88 ADDL INSD-DESIGNATED PERSON/ORGANIZATION
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POLICY NUMBER: I-680-86K36859-TCT-09 ISSUE DATE: 06-14-10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ .ITG REFULLY.
ADDITIONAL INSURED -DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization:
THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL
CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950
WHO IS AN INSURED (Section I1) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your acts or omissions.
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004871
TRAVELERSJ
IMPORTANT INFORMATION FOR MASTER PAC
POLICYHOLDERS
Dear Policyholder:
Enclosed is your Travelers Master Pac Renewal Certificate. An asterisk on the Listing of Forms, Endorsements
and Schedule Numbers, IL TS 01, indicates forms that are included with this year's renewal. Any forms previously
attached to your policy that are not shown on that listing no longer apply.
Please put the Certificate and the attached forms with your policy as soon as possible. If you have misplaced your
policy, please contact your agent for a copy.
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INSURING COMPANY:
THE TRAVELERS INDEMNITY
COMPANY OF CONNECTICUT
Named Insured:
Policy Number:
Policy Effective Date:
Policy Expiration Date:
Issue Date:
Premium $
CHANGE ENDORSEMENT
LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
I-680-86K36859-TCT-10
06-15-10
06-15-11
06-14-10
NIL
Effective from 06-15-10 at the time of day the policy becomes effective.
THIS INSURANCE IS AMENDED AS FOLLOWS:
ON THE COMMON POLICY DECLARATIONS, ITEM 1. NAMED INSURED'S MAILING
ADDRESS IS CHANGED TO:
1010 2ND AVENUE, SUITE 1810
SAN DIEGO, CA 92101
CG T4 91 - NAME: THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
THE FOLLOWING FORMS AND/OR ENDORSEMENTS IS/ARE INCLUDED WITH
THESE FORMS ARE ADDED TO THE POLICY OR REPLACE FORMS ALREADY
ON THE POLICY:
CG T4 91 11 88
THIS CHANGE.
EXISTING
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NAME AND ADDRESS OF AGENT OR BROKER Countersigned by
ALLIANT INS SERVICES INC
701 B STREET 6TH FLOOR
SAN DIEGO
XY330
CA 92101-8156
DATE:
Authorized Representative
IL TO 07 09 87 (Page 01 of 01) Office: ELMIRA NY SRV CTR
004873
POLICY NUMBER: " I-G80=86K36859-TCT-10
EFFECTIVE DATE: 06-15-10
ISSUE DATE: 06-14-10
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY LINE OF BUSINESS.
IL TO 07 09 87 CHANGE ENDORSEMENT
IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
COMMERCIAL GENERAL LIABILITY
CG T4 91 11 88 ADDL INSD-DESIGNATED PERSON/ORGANIZATION.
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COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: I-680-86K36859-TCT-10 ISSUE DATE: 06-14-10
THIS ENDORSEMENT CHANGES THE POLICY. • PLEASE READ IT CAREFULLY-.
ADDITIONAL INSURED -DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of person or organization:
THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL
CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to (lability arising out of your acts or omisslons.
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TRAVELERS)
IMPORTANT INFORMATION FOR MASTER PAC
POLICYHOLDERS
Dear Policyholder:
Enclosed is your Travelers Master Pac Renewal Certificate. An asterisk on the Listing of Forms, Endorsements
and Schedule Numbers, IL T8 01, indicates forms that are included with this year's renewal. Any forms previously
attached to your policy that are not shown on that listing no longer apply.
Please put the Certificate and the attached forms with your policy as soon as possible. If you have misplaced your
policy, please contact your agent for a copy.
004877
7RAVELERST
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLI CY
CHANGE DOCUMENT WC 99 99 98 (00)
POLICY NUMBER: ( I TUB-36F1053-6-09 )
CHANGE EFFECTIVE DATE: 06-10-10 NCCI CO CODE: 27405
INSURER: TRAVELERS CASUALTY COMPANY OF CONNECTICUT
INSURED'S NAME: LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
This change is issued by that member of The Travelers Insurance Companies which issued the policy and forms
a part of the policy. It is agreed that the policy is amended as follows:
An absence of an entry in the premium spaces below means that the premium adjustment, if any, will be made at
time of audit.
ADDITIONAL PREMIUM $ RETURN PREMIUM $
ADDITIONAL NON -PREMIUM $ RETURN NON -PREMIUM $
The following entity name is amended to read:
STATE LOCATION ENT CD ENTITY NAME
CA 001 01 001 LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
The following entity address is amended to read:
STATE LOCATION ENT CD ENTITY ADDRESS
CA 001 01 001 1010 2ND AVENUE, SUITE 1810
SAN DIEGO
0= 92101
O
The following endorsements are added:
WC 89 06 01 (00)-001
WC 89 06 05 (00) 002
0i WC 89 06 08 (00)-001
WC 89 06 14 (00)-004
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DATE OF ISSUE: 06-14-10 JS CHANGE NO: 001 PAGE 001 OF LAST
POL. EFF. DATE: 06-15-09 POL. EXP. DATE: 06-15-10
OFFICE: ELMIRA NY SRV CTR 700
PRODUCER: ALLIANT INS SERVICES INC XY330
004678
COUNTERSIGNED AGENT
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TRAVELERS.
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 89 06 01 (00) — 001
POLICY NUMBER: (ITUB-36F1053-6-09
POLICY INFORMATION PAGE
ENDORSEMENT
The Insured's Name Is changed to read: LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
DATE OF ISSUE: 06-14-10 ST ASSIGN:
004679
TRAVELERSJ
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 89 06 08 (00) —0 01
POLICY NUMBER: ( I TUB-36F1053-6-09 )
POLICY INFORMATION PAGE
ENDORSEMENT
The Location of Insured Is changed to read:
SEE CHANGE DOCUMENT OR INFORMATION PAGE SCHEDULE
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ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
DATE OF ISSUE: 06-14-10 ST ASSIGN:
(Rev. 2/10)
004880
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TRAVELERS]
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
CHANGE DOCUMENT WC 99 99 98 (00)
POLICY NUMBER: ( I JUB-36F 1053-6-10 )
CHANGE EFFECTIVE DATE: 06-15-10 NCCI CO CODE: 13579
INSURER: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
INSURED'S NAME: LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
This change is issued by that member of The Travelers Insurance Companies which issued the policy and forms
a part of the policy. It is agreed that the policy is amended as follows:
An absence of an entry in the premium spaces below means that the premium adjustment, if any, will be made at
time of audit.
ADDITIONAL PREMIUM $ RETURN PREMIUM $
ADDITIONAL NON -PREMIUM $ RETURN NON -PREMIUM $
The following entity name is amended to read:
STATE LOCATION ENT CD ENTITY NAME
CA 001 01 001 LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
The following entity address is amended to read:
STATE LOCATION ENT CD ENTITY ADDRESS
CA 001 01 001 1010 2ND AVENUE, SUITE 1810
SAN DIEGO
92101
The following endorsements are added:
WC 89 06 01 (00)-001
WC 89 06 05 (00)-001
WC 89 06 08 (00)-001
WC 89 06 14 (00)-001
The following endorsement is deleted:
DATE OF ISSUE: 06-14-10 JS CHANGE NO: 001 PAGE 001 OF LAST
POL. EFF. DATE: 06-15-10 POL. EXP. DATE: 06-15-11
OFFICE: ELMIRA NY SRV CTR 700
PRODUCER: ALLIANT INS SERVICES INC XY330
004681
COUNTERSIGNED AGENT
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VISIMEIONS
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TRAVELERS)
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 89 06 01 (00) - 001
POLICY NUMBER: ( IJUB-36F1053-6-10 )
POLICY INFORMATION PAGE
ENDORSEMENT
The Insured's Name is changed to read: LAW OFFICES OF DON DETISCH,
A PROFESSIONAL CORP.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
DATE OF ISSUE: 06-14-10 ST ASSIGN:
004682
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TRAVELERSJ
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 89 06 08 (00) —o01
POLICY NUMBER: ( IJUB-36F1053-6-10 )
POLICY INFORMATION PAGE
ENDORSEMENT
The Location of Insured is changed to read:
SEE CHANGE DOCUMENT OR INFORMATION PAGE SCHEDULE
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
DATE OF ISSUE: 06-14-10 ST ASSIGN:
(Rev. 2110)
D04633
RightFax N1-2 6/11/2010 2:59:27 PM PAGE 1/003 Fax Server
AX
To: THE COMMUNITY DEVELOPMENT
Company:
Fax: 6193364286
Phone:
From: Travelers Service Center
Fax:
Phone:
E-mail:
NOTES:
Account: 4145C0101 - LAW OFFICES OF DON DETISCH, A PROFESSIONAL C
This communication, including attachments, is confidential, may be subject to legal privileges, and is
intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this
communication, other than by the addressee, is prohibited. If you have received this communication in
error, please notify the sender immediately and delete or destroy this communication and all copies
Date and time of transmission: Friday. June 11, 2010 2:59:00 PM
Number of pages including this cover sheet: 03
06/11/2010 FRI 12:01 [JOB NO. 9360] Z 001
RightFax N1-2 6/11/2010 2:59:27 PM PAGE 3/003 Fax Server
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 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 (2009/01)
06/11/2010 FRI 12:01 [JOB NO. 93601 tl003
RESOLUTION NO. 2006 — 241
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT
WITH THE LAW OFFICES OF DONALD W. DETISCH
FOR AS -NEEDED LEGAL SERVICES
WHEREAS, the Community Development Commission of the City of National
City (CDC) is charged with implementing the National City Redevelopment Plan; and
WHEREAS, the CDC desires to retain the Law Offices of Donald W. Detisch to
continue to provide legal services to the CDC, when requested; and
WHEREAS, the Law Offices of Donald W. Detisch is a qualified and experienced
law firm, and has satisfactorily provided legal services to the CDC on a variety of projects and
issues pertaining to eminent domain law, redevelopment law, and related litigation.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
Agreement with the Law Offices of Donald W. Detisch to provided as -needed legal services.
PASSED and ADOPTED this 215` day of November, 2006.
Nick Inzunza,"Chairman
ATTEST:
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Passed and adopted by the Community Development Commission of National City,
California, on November 21, 2006, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra.
Nays: None.
Absent: Zarate.
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Chairman Cor• . p Development Commission
Secretarymu , Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-241 of the Community Development Commission of the City
of National City, California, passed and adopted on November 21, 2006.
Secretary Community Development Commission
By:
Deputy
caoo6. 69
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE November 21, 2006
AGENDA ITEM NO. 38
ITEM TITLE
Approve Agreement with the Law Offices of Donald W. Detisch for as needed legal services and
authorizing the Chairman to execute said Agreement
PREPARED BY
Xavier Del Valle, Senior Project Manager
DEPARTMENT "?45C-
Community Development Commission (CDC)
EXPLANATION
On March 16, 2004, the CDC approved an Agreement with the Law Offices of Donald W. Detisch for
as needed legal services. The Agreement needs to be renewed, and staff desires to retain Mr. Detisch to
continue to provide legal services to the CDC, when requested. Mr. Detisch is a qualified and
experienced attorney, and has satisfactorily provided legal services to the CDC on a variety of projects
and issues pertaining to Eminent Domain Law, redevelopment law, and related litigation.
Pursuant to the Agreement, legal services may include the following: consultation, litigation, and
transactional services as needed by the CDC for Eminent Domain Law, including right of entry
agreements, resolutions of necessity, administrative record inquiries, relocation plans and related public
hearings, and any and all litigation, consultation, and acquisition of real and personal property through
real estate and purchase sales agreements; preparation of Exclusive Negotiation Agreements, Owner
Participation Agreements, Disposition and Development Agreements, and other related real estate,
redevelopment and housing related documents, ordinances, and resolutions; and appearance before any
administrative agencies and boards to provide expert testimony for the above referenced legal services.
Environmental Review CEQA is not applicable
Financial Statement The Agreement sets a not to exceed amount of $100,000 for services from the
effective date until written notice of cancellation of the Agreement by either party.
STAFF RECOMMENDATION Adopt resolution approving an Agreement with the Law Offices of
Donald W. Detisch for as needed legal services and authorizing the Chairman to execute said Agreement
ATTACHMENTS
1. Resolution
2. Agreement
Resolution No.'.aolc • 2 tt
A-200 (9/80) (' 2_o,- 4,ci
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
December 7, 2006
Donald Detisch, Attorney At Law
110 West A Street, Suite 750
San Diego, CA 92101
Project: National City — As Needed Legal Services
Dear Mr. Detisch:
On November 21 st, 2006, the Community Development Commission of the City
of National City passed and adopted Resolution No. 2006-241 approving an
agreement for as needed legal services.
We are pleased to enclose one fully executed original agreement and one
certified copy of the Resolution for your records.
Should you have any questions, please contact Mr. Chris Zapata, Executive
Director, Community Development Commission at 336-4240.
Michael R. Dalla
City Clerk
JAH
Enclosure
File C2006-69
® Recycled Paper