Loading...
HomeMy WebLinkAbout2011 CON Sohagi Law Group - Amendment #1 - General Plan / Land Use CodeAMENDMENT TO AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SOHAGI LAW GROUP, PLC This Amendment to Agreement is entered into this 3rd day of October, 2011, by and between the Community Development Commission of the City of National City, a municipal corporation ("CDC"), and TIIE SOHAGI LAW GROUP, PLC (the "FIRM"). RECITALS A. The CDC and the CONTRACTOR entered into an agreement on June 16, 2009, ("the Agreement") wherein the FIRM agreed to provide legal services as determined by the CDC. 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; reviewing draft and final documents; attending meetings of the City and CDC staff, and public meetings before the City Council and CDC Board. B. The parties desire to amend the Agreement to increase the not -to -exceed amount in the amount of $14,382.50, for a total agreement amount of $264,382.50. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on June 16, 2009, shall be amended by increasing the not -to -exceed amount to $264,382.50. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated June 16, 2009, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: C C Chris Zapata Executive Di > tor PROVED AS TO FORM: au G Silva Le/al Counsel THE SOHAGI LAW GROUP, PLC By: kJ1�j�J By: Margaret Sohagi, President AC*PRbe CERTIFICATE OF LIABILITY INSURANCE Si26i2Do"m) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Cavignac & Associates 450 B Street, Suite 1800E-MAIL San Diego, CA 92101-8005 License No. 0A99520 NAME CT Certificate Department PHONE FAX Ex(); 619-234-6848 (A/C Nop 619-239 -8601 ADDRESS: certificates4cavignac.com PRODS CUSTOOMERMER ID 7{: OHAG-1 INSURERS) AFFORDING COVERAGE NAIC # INSURED The Sohagi Law Group, PLC 11999 San Vicente Blvd., #150 Los Angeles, CA 90049-5136 United States INSURER A: TRAVELER PROP (AS CO OF AMER 75674 19046 INsuRERa:TRAVELERS CAS INS CO OF AMER INSURER C : UNDERWRI TERS AT LLOYDS LONDON 15792 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 147014 REVISION NUMBER: 147015 THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY I X ! OCCUR Tnt X X 6805482N546 6/1/2011 6/1/2012 EACH OCCURRENCE $ 2,000,000 DAMAGESO rr PREMISES (ERS occurrence) $ 300, 000 CLAIMS-MADE MED EXP (Any one person) $ 5, 000 X Cross Liab/Sev of PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT POLICY �! PRO FGT APPLIES PER: PRODUCTS- COMP/OP AGG $ 4,000,000 I A LOC Deductible $ 0 A AUTOMOBILE X LIABILITY ANY AUTO X RA5483N924 _CEl RECEIVED jj' J U Community Deveiopment 6/1/2011 4 (�j 0 1 2V Commission 6/1/2012 E I� COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Ct1P6280N45A 6/1/2011 6/1/2012 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DEDUCTIBLE RETENTION $ $p $ X $ A WORKERS COMPENSATION ANDEMPLOYERS'LIABILRY ANY CERFM[MB RI EXCLUDED? DFFICER/MEMBER EXCLUDED'1 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS YfN N / A X UB54B3N820 6/1/2011 6/1/2012 WCS(IMIT OTH X TORV LIMITS ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability R0595E00735202011 6/1/2011 6/1/2012 Each Claim $2,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: All Operations. Additional Insured coverage applies to General Liability for The Community Development Commission (CDC) of the City of National City, and its Board officials, officers, employees, agents and representatives per policy form. Primary coverage applies to General Liability per policy form. Waiver of subrogation applies to General and Automobile Liability and Workers Compensation per policy form. Prof. Liab. - Claims made, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION The Community Development Commission (CDC) of the City of National City 1243 National City Blvd. National City, CA 91950-4301 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dorothy Amundson. LL 4-V �j/ /614 V n ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXIGIS- CAVIGNAC &ASSOCIATES 147015 Page 2 of 7 Policy No. 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 TRUCKERS COVERAGE FORM MOTOR CARRIER 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 02 99 Page 1 of 1 Page 3 of 7 Policy No. 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 additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and CGDO370405 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. Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Page 4 of 7 Policy No. 6805482N546 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for that addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed CG D1 05 04 94 in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. Page 5 of 7 Policy No. 6805482N546 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 will 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 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION 1 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 additional 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 1I) is amended to include as an insured any person or organization (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 Page 6 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: U95483N820 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 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Schedule Job Description The Community Development Commission (CDC) of All Operations. the City of National City ,and its Board officials, officers, employees, agents and representatives Page 7 of 7 Cavignac N Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 INSURANCE BROKERS License No. 0A99520 Phone 619-234-6848 Fax 619-234-8601 Web Site www.cavignac.com The Community Development Commission (CDC) of the City of National City 1243 National City Blvd. National City, CA, 91950-4301 May 26, 2011 Re: The Sohagi Law Group, PLC Enclosed is a certificate of insurance, as requested. If you have questions or require changes, please contact our office via email (certificates@cavignac.com) or fax (619-234-1239). Please include a copy of the certificate with your request or reference ID number 147015. In Sept. 2009, ACORD revised the certificate form and using an older version would violate ACORD's licensing agreement. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to modify the current form: • Notice of cancellation is a policy right, not an unregulated service. No insurer is able to provide the desired cancellation notice by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to provide adequate notice. • If our agency was to issue a certificate with a modified cancellation notice, we would do so with the knowledge that it would be impossible to give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency to serious civil and criminal penalties. We appreciate your understanding of the legal restrictions on our ability to comply with requests for an older form or modifications of the cancellation language. cc: The Sohagi Law Group, PLC - Certificate of Insurance Page 1 of 7 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax October 10, 2011 Ms. Margaret Sohagi The Sohagi Law Group, PLC 10880 Wilshire Blvd., Suite 900A Los Angeles, CA 90024 Dear Ms. Sohagi, On October 3rd, 2011, Amendment No. 1 to an Agreement was entered between the Community Development Commission of the City of National City and The Sohagi Law Group, PLC. We are enclosing for your records a fully executed original Amendment. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission