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HomeMy WebLinkAbout2009 CON Sohagi Law Group - General Plan / Land Use CodeAGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE COMMUNITY DEVELOPMENT COMMISSION OF TI-IE CITY OF NATIONAL CITY (the "CDC") and THE SOHAGI LAW GROUP, PLC, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to he 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 the update of the National City General Plan and Land Use Code, and related activities including compliance with the California Environmental Quality Act ("CEQA"), 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: providing legal advice to City and CDC staff, and to those consultants retained by the City and CDC to assist in the update of the National City General Plan and Land Use Code, and related tasks including reviewing draft and final documents and Environmental Impact Reports; attending meetings of the City and CDC staff, and public meetings before the City Council and CDC Board. It is expected that the Firm will work with the CDC's Legal Counsel and CDC staff: Article 3. Compensation. Compensation paid under this Agreement shall he as shown in the Fee Schedule attached as Exhibit "A". 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 $250,000 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. 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. June 16, 2009 Page 1 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group 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 whether in-house or through an outside vendor. (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. 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 CDC in support of bills rendered by the Firm. June 16, 2009 Page 2 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group 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(s) 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 professional capacity (partner, associate, paralegal, etc.) of the person(s) performing services should be included. (f) All invoices should reference a Project Name and, where available, a Project Number as provided by the CDC (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. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CDC decision, and the CDC'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. (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. June 16, 2009 Page 3 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group (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 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. June 16, 2009 Page 4 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group 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 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 June 16, 2009 Page 5 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group employment any notices provided by the CDC setting forth the provisions of this non- discrimination clause. Article 12. Effective Date and Term. The term of this Agreement shall commence on June 17,2009, and terminate on December 31,2011, unless sooner terminated as provided for 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 H. Eiser, III City Attorney Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 cc: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice to the Firm shall be addressed to: Margaret Sohagi The Sohagi Law Group, PLC 10880 Wilshire Boulevard, Suite 900A Los Angeles, CA 90024 Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. June 16, 2009 Page 6 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group 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. 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. June 16, 2009 Page 7 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the 16th day of June, 2009. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY THE SOHAGI LAW GROUP, PLC (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: Morrison, Chairman Margaret Sohagi, President APPROVED AS TO FORM: George H. Eiser, III City Attorney June 16, 2009 By: Margaret Sohagi, Secretlry Page 8 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group Exhibit "A" THE SOHAGI LAW GROUP, PLC HOURLY RATES For National City Client shall pay ATTORNEY the fees and necessary expenses calculated in accordance with the hourly rates and expense method of billing identified below. Fees and expenses are to be charged as set forth below. MARGARET MOORE SOHAGI will act as the principal contact. She will be responsible for coordinating all matters pertaining to the matter as well as all billing, staffing needs, and regular reports. Hourly rates are as follows: Margaret Moore Sohagi: Principal $275 Philip A. Seymour: Of Counsel $275 Helene V. Smookler: Of Counsel $275 Anne C. Lynch Of Counsel $275 Nicole G. Hoeksma: Associate $275 Jeanette E. Dennis: Associate $275 R. Tyson Sohagi Associate $275 Cheron McAleece Paralegal $150 Anthony P. Kay Paralegal $150 The Firm provides legal services on an hourly rate plus expenses. Our fees are reviewed annually and may be adjusted yearly. In addition to the Firm's hourly fees, we bill for customary out-of-pocket expenses including, but not limited to, photocopying, messenger, Federal Express or other overnight serve, and attorney service charges. Any cost item provided by an outside vendor is billed at actual cost. The Firm provides monthly statements itemizing our work and expenses for that month. Payments are to be made within thirty (30) days of receipt of invoice. June 16, 2009 Page 9 of 9 Between City of National City Agreement for Legal Services and Sohagi Law Group itsFe CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYYY) OP ID VJ SOHAO-1 06/12/09 PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101-3547 Phone:619-234-6848 Fax:619-234-8601 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER bF 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 # The Sohagi Law Group, P C 10880 Whilshire Blvd g900A Los Angeles CA 90024-41 0 IrJSUPERA Travelers Casualty Ins Co j 19046 INSURER B Travelers Prop Cas Co of Amer ! 25674 INSUPER C Travelers Casualty Co. of CT 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 CF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TFI LTR NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MAYDD/YWY) POLICY EXPIRATION DATE (MINDDNYYY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 6805482N546 06/01/09 06/01/10 EACH OCCUF2?ENCE s2,000,000 P ENIISES1Eeccarere: MEC EXP (Aiy one per_o-) S 300,000 s5,000 JCLAIMS MADE X DCCJR _^ GEN'LA;GREGA-E PERSONAL &.ADVINJLR" s2,000,000 GENERAL AGGREGATE s4,000,000 LIMIT AP'LIESPER . POLICY n JPREELT X LC C PRODUCTS -CCMP/OP/GC, S4,000,000 Deduct. None B AUTOMOBILE X --- _-_ _ LIABILITY ANY AUTO AI l OWNLL: ADIOS SOMILDOLED AU-OSPer I IIPED AUTOS NON -OWNED AUTOS BA.5483N924 06/01/09 06/01/10 COMBINED SI \IGLE UNIT ,Ea 2ccden1) S1,000,000 BODILY INJURY oe sor) BODILY INJURY Per occident) S PROPERTY DAMAGE .Per ec_odent) S ... -...- . GARAGE 1 LIABLfY ANY ALTO ALTO ONLY - EA A:CIDENT S OTHER THAN EA ACC ALTO ONLY AGG S S B EXCESS X X / UMBRELLA UABILrTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTICN E 0 CUP006280N45A 06/01/09 06/01/10 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 S S S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPR ETOR/PARTNER/EXECUTIVE Y!N OFFICERNEMBER EXCLLDEC? (Mandatory in NH) II yes. describe under SPECIAL PROVISIONS below U UB5483N820 - 06/01/09 06/01/10 X 1 Vvc. LIMITS OER E'_ EACH ACCIDENT s1,000,000 E _ CISEASE- EA EMPLOYEE S 1,000,000 E DISEASE- POLICYL MT S 1,000 ,000 A OTHER Prof Liab - Claims made, Defense incl 03043661 12/31/08 12/31/09 Ea Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: All Operations. The Community Development Commission (CDC) of the City of National City and its Board officials, officers, employees, agents and representatives are named as additional insureds primary/non-contributory as respects general liability per CGT491 11/88 & CGD037 04/05. Waiver of subrogation in favor of those listed above applies as respects (cont.) CERTIFICATE HOLDER CANCELLATION City of National City - Community Development Commission (CDC) 1243 National City Blvd. National City, CA 91950-4301 ACORD 25 (2009/01) NATLC-1 SHOULD ANY OF THE ABOVE DESCRBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL INDW . YRT0 MAIL 30 x DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE OO 1988-2009 ACORD CORP RATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '44.w.r1-,1,, a dW.i,..41.421444t :1 H W+ Nkda44 t 4024 letri-ai.444 ,,..t.y413444 4H.,, 5,1a44v.4xn.3�i�X general liability per CGD186 11/03, auto liability per CAT340 09/99 and Workers Compensation per WC990376 (00). 10 days notice of cancellation for non-payment of premium. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6805482N546 ISSUE DATE: 06101/09 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: City of National City - Community Development Commission (CDC) and its Board officials, officers, employees, agents and representatives 1243 National City Blvd. National City, CA 91950-4301 Re: All Operations 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 Iiabiiity arising out of your acts or omissions. CGT4911188 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 POLICY NUMBER: 6805482N546 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such aaaluonai insured as a named Insured, and we wirrnot snare with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. Name of person or organization: SCHEDULE City of National City - Community Development Commission (CDC), its Board officials, officers, employees, agents and representatives 1243 National City Blvd. National City, CA 91950-4301 Re: All Operations CGD0370405 Ccpyright 2005 The St. Paul Travelers Ccmpanies, Inc. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices: b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for damages be- cause of "property damage" to any one prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or light- ning, or water. The Damage To Premises Rented To You Limit MI apply to all damage proximately caused by the same "occur- rence", whether such damage results from fire, explosion, lightning. smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of Page 2 of 5 Policy No. 6805482N546 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additiona • in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. E. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured") with Copyright. The Travelers Indemnity Company, 2003 CG D1 86 11 03 POLICY NUMBER: BA5483N924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident", provided that the "accident" arises out of operations contem- plated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 09 99 Page 1 of 1 TravelersPropertyCasualty' I Walk: a ar TruvelersGroup WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — POLICY NUMBER: UB5483N820 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. 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 N/A % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description City of National City - Community Development Commission (CDC), its Board officials, officers, employees, agents and representatives 1243 National City Blvd. National City, CA 91950-4301 Re: All Operations DATE OF ISSUE: ST ASSIGN: RESOLUTION NO. 2009 — 146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOHAGI LAW GROUP IN AN AMOUNT NOT -TO -EXCEED $250,000 TO PROVIDE LEGAL SUPPORT SERVICES FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE WHEREAS, the City is about to undertake a comprehensive update of the General Plan and Land Use Code; and WHEREAS, said update will be a Tabor —intensive and legally technical process; and WHEREAS, it is the desire of the City Council to secure the availability of legal support services that can be dedicated solely to the General Plan and Land Use Code update; and WHEREAS, it has been proposed that the City enter into an agreement for those legal support services with the Sohagi Law Group in an amount not -to -exceed $250,000 for the period of June 17, 2009 through December 31, 2011; and WHEREAS, Margaret Sohagi, the President of the Sohagi Law Group, is a well - respected attorney throughout the State who has intensive experience in representing public entities in land use matters, and is willing to commit to providing legal support services for the update of the General Plan and Land Use Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement in an amount not -to -exceed $250,000 with the Sohagi Law Group to provide legal support services for the comprehensive update of the General Plan and Land Use Code for the time period of June 17, 2009 through December 31, 2011. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. on Morrison, Mayor ATTEST: N Mic ael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 16, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California / A �.�ifE� City Jerk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-146 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California CITY COUNCIL AGENDA STATEMENT 14 `„ MEETING DATE June 16, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOHAGI LAW GROUP IN AN AMOUNT NOT -TO -EXCEED $250,000 TO PROVIDE LEGAL SUPPORT SERVICES FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE PREPARED BY George H. Eiser, III (* (Ext. 4221) EXPLANATION DEPARTMENT City Attorney The proposed resolution would authorize the Mayor to execute an agreement with the Sohagi Law Group in an amount not -to -exceed $250,000. The firm would be available to provide legal support services regarding the upcoming comprehensive update of the General Plan and Land Use Code, which is a Tabor -intensive and legally technical process. The term of the Agreement would be from June 17, 2009 through December 31, 2011, the estimated date upon which the update will be completed. Margaret Sohagi, Esq., the President of the Sohagi Law Group, is a well -respected attorney throughout the State who has extensive experience in representing public entities in land use matters, and is willing to commit to providing legal support services for the update of the General Plan and Land Use Code. Environmental Review N/A Financial Statement Approved By: Finance Director Funding will be provided by a transfer of CDC Tax Increment funds to the City. Account No. STAFF RECOMMENDATION Adopt resolution approving the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed resolution Agreement A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 29, 2009 Ms. Margaret Sohagi The Sohagi Law Group, PLC 10880 Wilshire Blvd., Suite 900A Los Angeles, CA 90024 Dear Ms. Sohagi, On June 16th, 2009, Resolution No. 2009-146 was passed and adopted by the City Council of the City of National City, authorizing execution of Agreement with Sohagi Law Group. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Office of the City Attorney ® Recycled Paper