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HomeMy WebLinkAbout2009 CON Meyers Nave Professional Law - Labor Negotiations POAAGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and Meyers Nave Professional Law Corporation, (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 City hereby retains the Firm to assist in representing the City in connection with Labor Negotiator Legal Services , subject to this Agreement. Article 2. Scope of Services. The City 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: perform the full range of services related to the negotiation, drafting and implementation of an MOU, including proactively advising on current legal trends and issues related to labor negotiations and agreements. Specific responsibilities include, but are not limited to: 1. Representing the City as Lead Negotiator in City negotiations with the POA. 2. Researching and advising the City of new developments in the area of labor law. 3. Drafting terms of the Memorandum of Understanding (MOU) to ensure clarity and fairness to the City. 4. Advising the City on legal issues related to the interpretation and application of the terms of the MOU. 5. Recommending innovative methods for reaching agreement with labor unions in challenging economic times. 6. Meeting with and providing reports to various City of National City representatives including City Council, City Manager, Director of Human Resources and the City Attorney's Office. 7. Working closely with the City Attorney's Office and the I Iuman Resources Department regarding all aspects of representation. Article 3. Compensation. Compensation paid under this Agreement shall be as follows: Principal: $275 per hour Senior Associate: $230 per hour Associate: $210 per hour Paralegal/Legal Assistant: $150 per hour The Firm shall not use more than one attorney for the same specific task without the City'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 City. 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 City Attorney and the Firm. The City shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The City has appropriated or otherwise duly authorized the payment of an amount not to exceed $25,000 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 City. D. The Firm shall keep the City advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not charge the City for travel time; however, the Firm may charge for work performed for the City during any travel time. E. The City 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 City with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the City 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 City will consider reimbursement on a case -by -case basis. The City 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 City's prior consent. The City expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the City will consider reimbursement on a case -by -case basis. -2- (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the City's payment process, the City will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the Firm should be submitted to George Eiser, City Attorney, 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 City in support of bills rendered by the Firm. G. The Firm agrees to forward to the City a statement of account for each one -month period of services under this Agreement, and the City agrees to compensate the Firm on this basis. The Firm will consult monthly with the City 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. �1. 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 reference ("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 (a) The City does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the City 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 City pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. - 3 - (b) Due to the nature of the City's payment process, the City will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a City decision, and the City's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (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. Written authorization from the City must be had before associate hours billed exceed paralegal hours billed. (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 City 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 City 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 City. 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 City. All such work product shall be confidential and not released to any third party without the prior written consent of the City. 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 City 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 City 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 City 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 City -4- or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the City shall each prepare a report which supports their position and file the same with the other party. The City 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 City 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 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 City, 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 City. 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 City and its elected 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 City 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 City; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the City by certified mail. Before this Agreement shall take effect, the Firm shall furnish the City 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's Drug - Free Workplace requirements. Every person awarded a contract by the City for the provision of 5 services shall certify to the City 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 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 City 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 City and continue until December 31, 2009 with an option to extend up to three (3) years in one year increments with agreement by both parties. 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 City Attorney. 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 City 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, City Attorney City of National City 1243 National City Boulevard National City, CA 91950 cc: Stacey Stevenson, Director Human Resources Department 140 E. 12th Street, Suite A National City, CA 91950 6 Notice to the Firm shall be addressed to: Eddie Kreisberg, Partner Meyers Nave Professional Law Corporation Meyers Nave San Francisco 575 Market Street, Suite 2600 San Francisco, CA 94105 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 City 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 City 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 City. This prohibition shall not preclude the City 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 7 rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 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. 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the 9th day of April , 2009. CITY OF NATIONAL CITY By: Chris Zapata, Jr., APPROVED AS TO FORM: George H. Eiser, III City Attorney MEYERS NAVE PROFESSIONAL LAW CORPORATION By: anager (Name) e�Q (Title) By: G„�-✓f 9L (Name) 9 (Title) MEYENAV-01 ATP ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE (MMWDD/Y YY) 2/PRODUCER (800) 877-4560 Diversified Risk/Hub International License #0757776 400 Taylor Blvd., Suite #300 Pleasant Hill, CA 94523 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Meyers Nave Riback Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 INSURER A. Underwriters at Lloyd's, London INSURER B. INSURER c: INSURER D r INSURER E: COVERAGES ..THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. IN$R�4DD'L LTR INSRD OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE TYPE OF INSURANCE DATE IMM/DD/YYl POLICY EXPIRATION LIMITS DATE 1MM/DD/YY1 • i' GENERAL LIABILITY ' COMMERCIAL GENERAL LIABILITY i • : I EACH OCCURRENCE $ PRS ( RENTED T•- PREEMMI E SES {Ea occurence) $ `J GEN'L J CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ I GENERAL AGGREGATE $ _ AGGREGATE LIMIT APPLIES PER: POLICY I ---i JECT LOC PRODUCTS - COMP/OP AGG $ IJ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS (EaOaccideDtj SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ - �'i-• GARAGE 1- LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA 11 LIABILITY OCCUR rl CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If Yes, describe under SPECIAL PROVISIONS below WC STATUS I OTH- TOIjY LIMITS ; i ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER Errors & Omissions E00644602008 • 8/21/2008 I 8/21/2009 Per Claim & Aggregate: 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS In the event of cancellation for non-payment of premium, a 10-day notice will apply. For Errors and Omissions coverage, the Aggregate Limit is the total insurance available for all covered claims reported within the policy period. A $100,000 deductible applies to each and every claim submitted under the policy. (REVISED) CERTIFICATE HOLDER CANCELLATION City of National City 1234 National City Blvd. National City, CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 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) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID RS DATE (MMIDD/YYYY) MEYER-2 ( 02/23/09 PRODUCER MacCorkle Insurance Service CA License #0606920 1650 Borel Place, Suite 100 San Mateo CA 94402 Phone:650-349-2364 Fax:650-349-4631 INSURED Meyers, Nave, Riback, Silver & Wilson A Professional Corpor4tion Public Management Advisors 555-12th Street Suite 1500 Oakland CA 9460' 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 INSURER A: Travelers Property Casualty INSURER B. travelers Indemnity Co of court INSURER C: INSURER!): INSURER E: NAIC # 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 ADD L1 .---_.._. . ---......... _.._. _....._.... — _ . POLICY EFFECTIVE POUCTEXi UATION._. _ _... _....... _. ........ ....... — LTR INSRD' TYPE OF INSURANCE POLICY NUMBER , DATE (MMIDD/YY) I DATE (MOONY) 1 LIMITS A X IX GENERAL LIABILITY COMMERCIAL GENERALLIAB:LITY 630-0508L003 05/01/08 05/01/09 CLAIMS MADE X OCCUR EACH OCCURRENCE $ 1000000 -RAVAGE TO RENTED.- - --- PREMISES (Ea occurencel S100000 MED EXP( Acy one pe-soi. S 10000 PERSONAL&ADVINJJRY $ 1000000 GENERAL AGGREGATE $ 2000000 _ GEN'L AGGREGATE LIMIT APPLIES PER: '— PRO- —. POLICY, JECT LOC 1 PRODUCTS . COMP/OP AGG $ 2 0 0 0 0 0 0 — __... ...... - _ Emp Ben. 1000000 A i_ A i A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS 810-0508L003 05/01/08 05/01/09 X HIRED AUTOS 810-0508L003 05/01/08 . 05/01/09 X NON -OWNED AUTOS 810-0508L003 05/01/08 05/01/09 COMBINED SINGLE LIMIT S 1D00000 (Ea accident) — BODILY INJURY $ (Per Person) BODILY INJURY Per accIden11 $ PROPERTY DAMAGE $ (Per accident) 1 GARAGE LIABILITY i . ANY AUTO i AUTO ONLY - EA ACCIDENT $ EA ACC $ OTHER THAN . AUTO ONLY: AGG $ A EXCESS/UMBRELLALIABILITY I X OCCUR CLAIMSMADE : CUP-2486L500 05/01/08 I 05/01/09 DEDUCTIBLE RETENTION $ EACH OCCURRENCE 510000000 AGGREGATE _ $ 10000000 $ �_._.._ ..— ..$ —__ -- S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1 B ANY PROPRIETOR/PARTNER/EXECUTIVE PEUB-110D760-6-08 05/01/08 05/01/09 OFFICER/MEMBER EXCLUDED' If es, describe under PECIAL PROVISIONS below I WC ' X TORYSLIMI S DR_ E.L. EACH ACCIDENT $ 1000000 0 i E.I. DISEASE . EA EMPLOYEE $ 10 0 0 0 0 0 (-""- I E.L. DISEASE - POLICY UMIT $ 1000000 OTHER I A PROPERTY 630-0508L003 05/01/08' 05/01/09 Blanket $5,096,000 BPP $5,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder to be named additional insured as their interests may appear. RE: work done under contract. 10 day notice of intent to cancel due to nonpayment of premium shall apply. Workers Comp. Waiver of Subrogation to be issued by carrier by endorsement. CERTIFICATE HOLDER CANCELLATION CITNCOO The City of National City 1243 National City Blvd. National City CA 91950 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 REPRESENTATIVE, . S.Ll• ��!AT ACORD 25 (2001/08) ©ACORD CORPORATION 1988 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 (2001108) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving. or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. CG D2 48 08 05 The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard". 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- Page 2 of 2 ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CHANGE DOCUMENT WC 99 99 98 (00) POLICY NUMBER: (PFUB-110D760-6-08) CHANGE EFFECTIVE DATE: 02-01-09 NCCI CO CODE: 22640 INSURER: FARMINGTON CASUALTY COMPANY INSURED'S NAME: MEYERS, NAVE, RIBACK, SILVER & WILSON, 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 $ 159 RETURN PREMIUM $ NIL ADDITIONAL NON -PREMIUM $ 5 RETURN NON -PREMIUM $ NIL The following endorsement charge is added to the schedule: STATE OF CA LOCATION 001 01 WAIVER OF SUBROGATION SEE ENDT WC 04 03 06 (01)-002 CLASSIFICATION ESTIMATED PRO RATA CODE PREM. BASIS RATE PREMIUM SPECIFIC WAIVER OF SUBROGATION CITY OF NATIONAL CITY 0930 IF ANY 0.0200 250 The following endorsements are added: WC 04 03 06 (01)-002 WC 89 06 14 (00)-002 DATE OF ISSUE: 03-16-09 ST CHANGE NO: 002 PAGE 001 OF LAST POL. EFF. DATE: 05-01-08 POL. EXP. DATE: 05-01-09 OFFICE: WALNUT CREEK 418 PRODUCER: MACCORKLE INSURANCE SVC WY826 COUNTERSIGNED AGENT TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 89 06 14 (00) — 002 POLICY NUMBER: (PFUB-110D760-6-08) POLICY INFORMATION PAGE ENDORSEMENT Item 3.D. Endorsement numbers is changed to read: "See Change Document or Information Page Schedule" ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DATE OF ISSUE: 03-16-09 STASSIGN: TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 0403 06 (01) — 002 POLICY NUMBER: (PFUB-110D760-6-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 DATE OF ISSUE: 03-16-09 STASSIGN: NA L t . ZNC�Rpp�g!lT�fl OFFICE OF THE CITY CLERK Ty Meyers Nave Professional Law Corp. Legal Services Labor Negotiations with Police Officers' Association Stacey Stevenson (HR) Forwarded Copy of Agreement to Consultant 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax