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HomeMy WebLinkAbout2017 CON NHA Advisors - Municipal Advisory Services - Amendment #1FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NHA ADVISORS, LLC, FOR MUNICIPAL ADVISORY SERVICES THIS FIRST AMENDMENT TO AGREEMENT is entered into this 7th day of February, 2017, by and between the City of National City, a municipal corporation (the "CITY") and NHA ADVISORS, LLC, a California limited liability company (the "CONSULTANT"). RECITALS A. The City Council, at their meeting of January 17, 2017, authorized the Mayor to execute an Agreement with NHA Advisors, LLC, to provide municipal advisory services through December 31, 2019, with two additional one-year options; and B. The parties have agreed to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. NOW, THEREFORE, THE PARTIES HERETO AGREE that the Agreement entered into on January 17, 2017, shall be amended as follows: 1. Section A of Section 17, Insurance, is amended to read as follows: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate. 2. Subsection C of Section 17, Insurance, is amended to read as follows: C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 3. Subsection J is added to Section 17, Insurance, to read as follows: J. The City Manager or their designee may periodically review the insurance coverage required to be carried by the CONSULTANT. If the City Manager or their designee determines that higher limits are necessary to protect the interests of the CITY or the Additional Insureds, the CONSULTANT shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. THE PARTIES FURTHER AGREE that with the foregoing exceptions, each and every provision of the Agreement entered into on January 17, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. CITY OF IyA,TIONAL CITY NHA ADVISORS, LLC Bv: n Morrison, ayor APPROVED AS TO FORM: 7), 7) .7.v)i; 10- George H. Eiser, III Interim City Attorney By: Craig -MI , Principal First Amendment to 2017 Agreement 2 City of National City Advisory Services and NHA Advisors ACORO" CERTIFICATE OF LIABILITY INSURANCE `..� DATE (MM/DDYYVY) 02/07/2017 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 Phone: (858) 350-0555 Fax: (858) 350-0556 K T L BUSINESS INSURANCE SERVICES, INC. 322 8TH STREET SUITE # 101 DEL MAR CA 92014 Agency Lic#: CA# 0D86601 CONTACT K T L Business Insurance Services, Inc. NAME (NC No Fa). (858) 350-0555 ta(• No),(858) 350-0556 E-MAIL AnnRPs • INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Sentinel Insurance Co., Ltd 11000 INSURED NHA ADVISORS, LLC 4040 CIVIC CENTER DR STE 200I SAN RAFAEL CA 94903 INSURER B : PHILADELPHIA INDEMNITY INSURANCE CO 18058 INSURER INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 70777 • THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVEBFFN_BF,)(COED ISSUED TO CONTRACT THE POLICIES BY PA THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, D CLAIMS. INSR I TR TYPE OF INSURANCE ADD'L SUER' , 1a POLICY NUMBER POLICY EFF ("AMID POLICY EXP CDP/YYYL_- LIMITS A GENERAL LIABILITY COMMERCIAL GENERALLIABILITY ,INSR X 72SBMAK4728 02/01/17 02/01/18 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurence) $ 1,000,000 CLAIMS -MADE I X OCCUR MED. EXP (Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PER: JE OT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 7 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED -SCHEDULED AUTOS NON -OWNED 72SBMAK4728 02/01/17 02/01/18 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ x -AUTOS PROPERTY (per accident) $ $ UMBRELLA LIAR EXCESS LIAB I OCCUR EACH OCCURRENCE $ I CLAIMS -MADE AGGREGATE $ DED I (RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YFN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ B PROFESSIONAL LIABILITY PHSD916871 02/06/17 02/06/18 PER CLAIM $1,000,000 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) THOSE USUAL TO THE INSURED'S OPERATIONS. CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PER THE BUSINESS LIABILITY COVERAGE F SS0008, ATTACHED TO THIS POLICY. CANCELLATION CITY OF NATIONAL CITY c/o RISK MANAGEMENT 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Attention: 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 Kevin Levine ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72SBMAK4728 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE The City of National City, and its officers, agents and employees. (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. CG 20 10 1093 Copyright. Insurance Services Office, Inc., 1992 RESOLUTION NO. 2017 — 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH NHA ADVISORS, LLC, FOR MUNICIPAL ADVISORY SERVICES FOR THE PERIOD JANUARY 17, 2017 THROUGH DECEMBER 31, 2019 WITH TWO ADDITIONAL ONE-YEAR OPTIONS WHEREAS, the City Council of the City of National City adopted Resolution No. 2017-9 at their meeting of January 17, 2017, authorizing the Mayor to execute an Agreement with NHA Advisors, LLC, to provide municipal advisory services through December 31, 2019, with two additional one-year options; and WHEREAS, the parties have agreed to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to Agreement with NHA Advisors, LLC, to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. PASSED and ADOPTED this 7th day of Febru r Zp17. on Morrison, Mayor ATTEST: OY :� Michael R. Dalla, y Clerk APPROVED AS TO FORM: /) George H. Eiser, III Interim City Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /iA City CI rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-15 of the City of National City, California, passed and adopted by the Council of said City on February 7, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2017 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Agreement by and between the City of National City and NHA Advisors, LLC for municipal advisory services, decreasing the minimum required limits for commercial general liability insurance and professional liability ("errors and omissions") insurance to $1 million per occurrence and $2 million aggregate with the provision the City reserves the right to review and require higher professional liability insurance limits for certain engagements. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance�����/ PHONE: 619-336-4265 APPROVED BY: Lie.4 /eGzi EXPLANATION: The City of National City entered into an agreement with NHA Advisors LLC on January 17, 2017 for municipal advisory services for the City. The minimum commercial general liability insurance limits required to be maintained by NHA Advisors by the agreement are $2 million per occurrence and $4 million aggregate. The minimum professional liability ("errors and omissions") insurance limit required is $5 million per occurrence. After additional review of the agreement, staff has determined the required insurance limits stated are incorrect. Therefore, staff seeks to amend the agreement to decrease each of the minimum required limits to $1 million per occurrence and $2 million aggregate with the provision the City reserves the right to review and require higher professional liability insurance limits for engagements deemed by the City to pose greater than normal risk. FINANCIAL STATEMENT: APPROVED: LI/44d Finance ACCOUNT NO. APPROVED: MIS Expenses may be paid from various accounts. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the First Amendment to the Agreement with NHA Advisors, LLC. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. NHA Advisors, LLC agreement amendment 2. Resolution R1/4,SO\-`-rW,\\ NNO. rA0kr1-\5 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NHA ADVISORS, LLC, FOR MUNICIPAL ADVISORY SERVICES THIS FIRST AMENDMENT TO AGREEMENT is entered into this 7th day of February, 2017, by and between the City of National City, a municipal corporation (the "CITY") and NHA ADVISORS, LLC, a California limited liability company (the "CONSULTANT"). RECITALS A. The City Council, at their meeting of January 17, 2017, authorized the Mayor to execute an Agreement with NHA Advisors, LLC, to provide municipal advisory services through December 31, 2019, with two additional one-year options; and B. The parties have agreed to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. NOW, THEREFORE, THE PARTIES HERETO AGREE that the Agreement entered into on January 17, 2017, shall be amended as follows: 1. Section A of Section 17, Insurance, is amended to read as follows: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate. 2. Subsection C of Section 17, Insurance, is amended to read as follows: C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 3. Subsection J is added to Section 17, Insurance, to read as follows: J. The City Manager or their designee may periodically review the insurance coverage required to be carried by the CONSULTANT. If the City Manager or their designee determines that higher limits are necessary to protect the interests of the CITY or the Additional Insureds, the CONSULTANT shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. THE PARTIES FURTHER AGREE that with the foregoing exceptions, each and every provision of the Agreement entered into on January 17, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY NHA ADVISORS, LLC By: By: Ron Morrison, Mayor Craig Hill, Principal APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney First Amendment to 2017 Agreement 2 City of National City Advisory Services and NHA Advisors RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH NHA ADVISORS, LLC, FOR MUNICIPAL ADVISORY SERVICES FOR THE PERIOD JANUARY 17, 2017 THROUGH DECEMBER 31, 2019 WITH TWO ADDITIONAL ONE-YEAR OPTIONS WHEREAS, the City Council of the City of National City adopted Resolution No. 2017-9 at their meeting of January 17, 2017, authorizing the Mayor to execute an Agreement with NHA Advisors, LLC, to provide municipal advisory services through December 31, 2019, with two additional one-year options; and WHEREAS, the parties have agreed to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to Agreement with NHA Advisors, LLC, to amend Subsections "A" and "C" of Section 17 of the Agreement pertaining to Professional Liability and Commercial General Liability insurance coverage, and to add Subsection "J" to Section 17 of the Agreement pertaining to the periodic adjustment of limits of insurance coverage. PASSED and ADOPTED this 7th day of February, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk February 21, 2017 Mr. Craig Hill NHA Advisors, LLC 4040 Civic Center Drive, Suite 200 San Rafael, CA 94903 Dear Mr. Hill, On February 7th, 2017, Resolution No. 2017-15 was passed and adopted by the City Council of the City of National City, authorizing execution of a First Amendment to an Agreement with NHA Advisors, LLC. 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