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HomeMy WebLinkAbout2011 CON Meyers Nave Professional Law - Amendment #1 - Labor LawORIGINAL FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE PROFESSIONAL LAW CORPORATION, This First Amendment to the Agreement by and between the City of National City and Meyers Nave Professional Law Corporation, is entered into this day of July, 2011, by and between the City of National City and Meyers Nave Professional Law Corporation, [First Amendment]. RECITALS WHEREAS, the City of National City [City] and Meyers Nave Professional Law Corporation [firm], previously entered into the agreement entitled Agreement by and between the City of National City and Meyers Nave Professional Law Corporation [Agreement], dated July 6, 2010, for employee legal services to the City; WHEREAS, that Agreement provides that the City of National City may extend services beyond the contract expiration date of July 5, 2011 in one-year increments for an additional three years (until July 5, 2014); WHEREAS, the City now seeks to extend the Agreement for an additional year. AGREEMENT NOW THEREFORE, the City and Meyers Nave agree as follows: 1. This First Amendment extends the Agreement for one year for the time period July 6, 2011 through July 5, 2012. 2. The parties agree that each and every term of the Agreement not modified by this Amendment shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY By: Chris Zapata, r. ity Manager API • VED AS TO FORM: LArm-- Cl g!,Silva City Attorney MEYENAVE PROFESSIONAL LAW CORP I' T oN By: By: (Nme) Managing Principal (Title) Principal (Title) OP ID: R5 ACORO' DATE (MMIDDlYYYYI 04/25/11 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, CERTIFICATE OF LIABILITY INSURANCE 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 MacCorkle Insurance Service CA License #0606920 577 Airport Blvd. 5th Floor Burlingame, CA 94010 Zack Goldenberg NSURED Meyers/Nave Meyers, Nave, Riback Silver & Wilson A Professional Corporation 555-12th Street, Suite 1500 Oakland, CA 94607 650-349-2364 650-349-4631 CONTACT NAME: PHONE JA,G, No Ext);,__ ADDRESS: PRODCUSTOU DRIO MEYER-2 IN SURER(S) AFFORDING COVERAGE INSURER A: Vigilant Insurance Co. INSURER B I Federal Insurance Co INSURER C INSURER O. - ---- INSURER E'. INSURER F. - - --_. FAX twc. No): NAIC COVERAGES D TG r,r1 ItA D. --' "--------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN INSR --- AOfrLISOBR -- -- --- RTYPE OF INSURANCE IJNSRTwVOI POLICY NUMBER rSG VIOIVIV NUIYIDCK: ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL REDUCED BY PAID CLAIMS. PERIOD WHICH THIS THE TERMS. ' -POLICY EFF POLICY EXP , ---. (MADDDIYYYYI (MM100/YYYYI I LIMITS GENERAL LIAaIL1TY A X ;c+IdrituCIAL GEN'RnL_la Ea.T, X _.. TLAIMSMAE& X . (a Ft +EN". riGCTe, TL nrtlt nPPLIES PER kouCY J.C1 L.CC 3590-43-09 :-. t0RRENr-E 05/01/11 05/01/12 OA,Ua .TO REhTETS _.. PRLty, 5IE3cccurreece, .T ACED EXP'Any on atrsol, 5 PERSONALS AD,/ NJUPY t GENERAL AG:;r. EGATE t PRODUCTS CC'.0007,.GG! Emp Ben. a 1,000,000 --- _._._ 100,000 10,000 1,000,000 2,000,000 2.000,000 1,000,000 AUTOMOBILE LIAEILITY -. kNt AUTO ALL OWNED AUTOS SSHEDM/0 ALIT pS B X HREDAUTOS B X NC,^L C ANED AuTOs 8 X No Owned Autos ,7355-71-30 7356-71-30 COMBINED SINULE ', MD (Ea accident;, i300ILV iNJJP*' (i e, parse^I S ( 3 CILT QUIT r I Per aLexanD $ i`R `FRTY D,aMADE 05/01/11 05/01/12 ,./e au: arm) 05/01/11 05/01/12 1,000,000 UMBRELLA LIAR X OL,r,VR EXCESS LIAR CLAIMS 69huE B DEC UC1 LE RETENTION 7987-19-39 EA^,-, OCCURRENCE s ` 05/01/11 05/01/12 AGDRC<,ATL 10,000,000; 10,000,000 WORXERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N B ; AN', PROPRIETDR,PARTNER$XEDUTNF OFFICER/MEMBER EXCLUDED, € 1 ,NIA (Mandatory in NH) f yes. describe under CESCRIPTION OF OPERATIONS oc+t:w 7172-64-27 `'AC STATU- OTh ' X I TONY L ITS ER '.. 05101/11 05/01/12 E L EACH pCCIDFNT s E L DISEASE EA EM, O TYEE $ -. -_-. E L DISEASE - PCi CY L.t.:•T $ 1,000,000 1.000,000 1,000,000 A PROPERTY 3590.43.09 05/01/11 -. 05/01/12 'Blanket DPP S,Oae,000 $5,000 Dad, DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Rmore space is re reel Certificate holder is 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 otherwise 30 days. CANCELLATION CfTNCOO 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, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) t✓ 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Client#: 307749 MEYENAVEI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/19/2011 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 Hub International HUB Intl Insurance Serv. Inc. P.O. Box 4047 Concord, CA 94524-4047 INSURED CONTACT NAME: PHONE 925-609-6500 (A/C, No, Ext): E-MAIL ADDRESS: FAX No): 925-609-6550 INSURER(S) AFFORDING COVERAGE NAIC INSURER A: Ironshore Specialty Ins Company Meyers Nave Riback Silver Etal 555 12th Street, Suite 1500 Oakland, CA 94607 INSURER B INSURER C INSURER D INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: EO REVISION NUMBER: 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 ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP LIMITS GENERAL LIABILITY — .(MM/DD/VYYY) EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO-JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT S (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab Errors&Omissions Claims Made 001153700 09/15/2011 09/15/201 Deductible $100,000 Per Claim $5,000,000 A.gregate $5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) For information purposes only. CERTIFICATE HOLDER CANCELLATION City of National City 1234 National City Blvd. National City, CA 91950 ACORD 25 (2010/05) 1 of 1 #S1318401/M1316293 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 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KM47 RESOLUTION NO. 2011 — 258 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MEYERS NAVE PROFESSIONAL LAW CORPORATION IN THE AMOUNT OF $75,000 TO PROVIDE LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW FOR AN ADDITIONAL ONE YEAR TERM FOR A TOTAL NOT TO EXCEED AMOUNT OF $125,000 WHEREAS, on July 6, 2010, the City Council adopted Resolution No. 2010-153, approving an Agreement in the amount of $50,000 with Meyers Nave Professional Law Corporation ("Meyers Nave"), a law firm with expertise in the area of labor law, to provide a full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations, and proactively advising on current legal trends and issues related to labor negotiations and agreements; and WHEREAS, said Agreement provided for three one-year extensions; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year term for the not to exceed amount of $75,000, for a total Agreement not to exceed amount of $125,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute an Amendment to the Agreement with Meyers Nave Professional Law Corporation in the amount of $75,000 to provide legal services in the specialized area of labor law for an additional one-year term, bringing the total not to exceed amount of the Agreement to $125,000. Said Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2011. ATTEST: /r illy Michael R. Della,lerk APPROVED AS TO FORM: le Claudia Gacitua Silva City Attorney Passed and adopted by the Council of the City of National City, California, on December 6, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California CI rk of the it of ational Ci ty, y California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-258 of the City of National City, California, passed and adopted by the Council of said City on December 6, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT G'dcV(;- MEETING DATE: December 6, 2011 AGENDA ITEM NO.10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing a one year extension the agreement between the City Of National City and Meyers Nave Professional Law Corporation for legal services in the specialized area of labor law and increasing the agreement by $75,000 for a total not to exceed dollar amount of $125,000 PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED B EXPLANATION: rce The City of National City engages outside legal support for some specialized areas. Since August, 2009, Meyers Nave Professional Law Corporation has served as the City's subject matter expert in the area of labor law. This agreement continues that relationship, providing support to the City Council, City Manager and staff in performing such functions as the full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations and proactively advising on current legal trends and issues related to labor negotiations and agreements. The second agreement entered into in July, 2010 included the ability to extend the agreement up to three years in one year increments. The Meyers Nave firm has been instrumental in providing support to the City through the labor negotiation ,rocess with its three formal labor groups. The extension will allow the firm to assist City staff in completing that rocess. f I FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 001 409 000 213 APPROVED: MIS Legal services will be billed on an hourly basis. The contract extension is for $75,000 for a total not to exceed amount of $125,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Feconmend approval of the Resolution. BOARD / COMMISSION RECOMMENDATION: �Agreement for Legal Services Resolution TTACHMENTS: t\tc�, �:.c. e\- RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MEYERS NAVE PROFESSIONAL LAW CORPORATION IN THE AMOUNT OF $75,000 TO PROVIDE LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW FOR AN ADDITIONAL ONE YEAR TERM FOR A TOTAL NOT TO EXCEED AMOUNT OF $125,000 WHEREAS, on July 6, 2010, the City Council adopted Resolution No. 2010-153, approving an Agreement in the amount of $50,000 with Meyers Nave Professional Law Corporation ("Meyers Nave"), a law firm with expertise in the area of labor law, to provide a full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations, and proactively advising on current legal trends and issues related to labor negotiations and agreements; and WHEREAS, said Agreement provided for three one-year extensions; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year term for the not to exceed amount of $75,000, for a total Agreement not to exceed amount of $125,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute an Amendment to the Agreement with Meyers Nave Professional Law Corporation in the amount of $75,000 to provide legal services in the specialized area of labor law for an additional one-year term, bringing the total not to exceed amount of the Agreement to $125,000. Said Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE PROFESSIONAL LAW CORPORATION, This First Amendment to the Agreement by and between the City of National City and Meyers Nave Professional Law Corporation, is entered into this day of July, 2011, by and between the City of National City and Meyers Nave Professional Law Corporation, [First Amendment]. RECITALS WHEREAS, the City of National City [City] and Meyers Nave Professional Law Corporation [firm], previously entered into the agreement entitled Agreement by and between the City of National City and Meyers Nave Professional Law Corporation [Agreement], dated July 6, 2010, for employee legal services to the City; WHEREAS, that Agreement provides that the City of National City may extend services beyond the contract expiration date of July 5, 2011 in one-year increments for an additional three years (until July 5, 2014); WHEREAS, the City now seeks to extend the Agreement for an additional year. AGREEMENT NOW THEREFORE, the City and Willis agree as follows: 1. This First Amendment extends the Agreement for one year for the time period July 6, 2011 through July 5, 2012. 2. The parties agree that each and every term of the Agreement not modified by this Amendment shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Second Amendment on the date and year first written above. CITY OF NATIONAL CITYMEYERS NAVE PROFESSIONAL LAW CORPORATION By: By: Chris Zapata, Jr., City Manager (Name) APPROVED AS TO FORM: Claudia Silva City Attorney (Title) By: (Name) 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 December 12, 2011 Mr. Edward L. Kreisberg Meyers Nave Riback Silver & Wilson 575 Market Street, Suite 2600 San Francisco, CA 94105 Dear Mr. Kreisberg, On December 6th, 2011, Resolution No. 2011-258 was passed and adopted by the City Council of the City of National City, authorizing execution of an Amendment to an Agreement with Meyers Nave Professional Law Corporation. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Human Resources Dept.