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HomeMy WebLinkAbout2018 CON Meyers Nave Riback, Silver and Wilson - Legal ServicesAGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE RIBACK, SILVER & WILSON, PLC THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made on the 12th day of February, 2018 between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY") and MEYERS, NAVE, RIBACK, SILVER & WILSON, a 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 the CITY by providing as -needed, general legal services regarding municipal law matters. 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 safety employee labor groups. 2. Advising the City on structuring and conducting labor negotiations with the miscellaneous and safety employee labor groups. 3. Drafting terms of the MOUs 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 MOUs. 5. Recommending innovative methods for reaching agreement with labor unions in challenging economic times. 6. Advising the City on all aspects of labor relations, including but not limited to the City's bargaining obligations, unfair labor practice charges, new developments in labor law, interpretation and application of City's memoranda of understanding, policies, procedures and rules and drafting revisions to same, and advising the City on the development or revision of policies in a manner consistent with current labor trends and labor law. 7. 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. 8. Working closely with the City Attorney's Office and the Human Resources Department regarding all aspects of representation. General Legal Services Agreement Page 1 of 10 City of National City and Meyers Nave This agreement retains the legal services of Meyers Nave and recognizes that various attorneys and/or paralegals may be assigned to work on the CITY's matters. However, it is understood and agreed that Edward L. Kreisberg, a Principal of the FIRM shall be the principal in charge of representing the CITY's interests and shall attend all meetings with labor groups, the City Manager, and the City Council where the services of the CITY's Chief Labor Negotiator are required unless otherwise agreed to in advance by the CITY. as follows: Article 3. Compensation. Compensation paid under this Agreement shall be Principal $350/hour Senior Of Counsel/Senior Associate $325/hour Of Counsel/Associate $300/hour Paralegal $180/hour A. 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 $50,000 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. 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: General Legal Services Agreement Page 2 of 10 City of National City and Meyers Nave (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 $.15 (fifteen 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. (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 Stacey Stevenson, Deputy City Manager, 140 E. 12th Street, Suite A 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. H. 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. General Legal Services Agreement Page 3 of 10 City of National City and Meyers Nave (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 without prior written approval from the CITY. (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. 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. (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 General Legal Services Agreement Page 4 of 10 City of National City and Meyers Nave 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 retains all of its rights regarding termination of this Agreement as well as 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 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, inform the FIRM of its conclusions regarding the quality or acceptability of the work, the manner of performance and the compensation payable to the FIRM. If CITY does not pay the FIRM's bills for services rendered, the FIRM has the right to withdraw from this contract engagement. Article 8. Indemnification. The FIRM agrees to defend, indemnify and hold the CITY and its agents, officers, employees, and volunteers 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, officers, or volunteers which arise from or are 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 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, employees, or volunteers. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 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 General Legal Services Agreement Page 5 of 10 City of National City and Meyers Nave 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) per occurrence, and not less than two million dollars ($2,000,000) aggregate. 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. 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 or occurrence and not less than four million dollars ($4,000,000) aggregate. If this coverage is provided on a claims -made basis: (1) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of the services provided under this Agreement. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement. (3) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the effective date of the Agreement, the FIRM must purchase "extended reporting" coverage for a minimum of five (5) years after completion of services performed under this Agreement. D. Automobile liability, in the form of "any auto" coverage, in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and property damage. 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. E. All insurance required by express provision of this Agreement shall be carried only with insurance companies that have a current A.M. Best's rating of no less than A:VII (unless otherwise agreed to by the CITY's Risk Manager) or a company of equal financial stability that is approved by the CITY'S Risk Manager, and is authorized to conduct business in the State of California. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. (1) All policies shall contain language, to the extent obtainable, to the effect that: (a) the insurer waives the right of subrogation against the CITY and its elected officials, officers, employees, agents, representatives, and volunteers; General Legal Services Agreement Page 6 of 10 City of National City and Meyers Nave (b) the policies are primary and not contributing with any insurance that may be carried by the CITY; (c) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CITY's Risk Manager, at the address listed in subsection G below the CITY by certified mail. (d) Before this Agreement shall take effect, the FIRM shall furnish the CITY's Risk Manager 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. F. If the FIRM maintains broader coverage or higher limits (or both) maintained by the FIRM, the CITY required and shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the FIRM does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. Article 10. Drua 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 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 General Legal Services Agreement Page 7 of 10 City of National City and Meyers Nave 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 written notice of cancellation. 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: and to: Stacey Stevenson Deputy City Manager City of National City 140 East 12th Street, Suite A National City, CA 91950-4397 cc: Angil Morris Jones City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4397 sstevenson((r nationalcityca.gov amorrisjones@nationalcityca.gov gmiller@nationalcityca.gov General Legal Services Agreement Page 8 of 10 City of National City and Meyers Nave Notice to the FIRM shall be addressed to: Edward Kreisberg Principal Meyers Nave 555 12t" Street, Suite 1500 Oakland, CA 94607 and to: eddie@meyersnave.com 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 rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. General Legal Services Agreement Page 9 of 10 City of National City and Meyers Nave 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. IN WITNESS WHEREOF, this Agreement is executed by CITY and by FIRM on the date and year first above written. CITY OF NATIONAL CITY MEYERS NAVE RIBACK, SILVER & WILSON, A PROFESSIONAL LAW CORPORATI B Leslie Deese, City Manager By: APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: RobIrto M. Contreras Deputy City Attorney Gina Roccanova, LEG Group Leader By: Edward Kreisberg, Principal General Legal Services Agreement Page 10 of 10 City of National City and Meyers Nave 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. IN WITNESS WHEREOF, this Agreement is executed by CITY and by FIRM on the date and year first above written. CITY OF NATIONAL CITY MEYERS NAVE RIBACK, SILVER & WILSON, A PROFESSIONAL LAW CORPORATION By: Leslie Deese, City Manager By: APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney General Legal Services Agreement Gina Roccanova, LEG Group Leader By: /02 Edward Kreisberg, Principal Page 10 of 10 City of National City and Meyers Nave ��"'1 MEYENAV-01 ACORO° CERTIFICATE OF LIABILITY INSURANCE �'� KBOR D /DDIYYYY) 11 1/28 /28/2017 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 have ADDITIONAL INSURED provisions or 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 License # 0757776 HUB International Insurance Services Inc. 2300 Clayton Rd. Concord, CA 94520 CONTACT NAME: (NC No, EXt): (925) 609-6500 I FAX No 825 608-6550 t > ( ) 'Blass: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Vigilant Insurance Company 20397 INSURED Meyers Nave Riback Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 INSURERB:Federal Insurance Company 20281 INSURER C : Colony Insurance Company 39993 INSURERD: INSURER E : INSURER F : COVERAGE • • 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 POLIC ES 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 ADDL SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 35904309 05/01/2017 05/01/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREMISES (Ea occuErrrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ Included $ B AUTOMOBILE X LIABILITY X SCHEDULED AUTOS SSWNEp AUTOS ONLY 73557130 05/01/2017 05/01/2018 COMBINED SINGLE LIMIT JEa accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ (Per accident) (DAMAGE $ $ B X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 79871939 05/01/2017 05/01/2018 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE AFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N 1 A X 71726427 05/01/2017 05/01/2018 PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C C Errors & Omissions Claims Made LPL409353-1 LPL409353-1 05/01/2017 05/01/2017 05/01/2018 05/01/2018 Deductible Per Claim/Aggregate 100,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Legal services agreement done under contract. City of National City, its officers, agents, employees and volunteers, as additional insured including Primary & Non -Contributory wording applies to General Liability per attached 800223670507, Waiver of Subrogation applies per attached 80022362-0401. Waiver of Subrogation applies to Workers Compensation per attached WC990304-0708, all as required by written contract. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950-4301 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 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • CHUBB Liability Insurance Endorsement Policy Period MAY 1, 2017 TO MAY 1, 2018 Effective Date MAY 1, 2017 Policy Number 3591)-43-09 WUC Insured MEYERS NAVE RII3ACK SILVER ANI) WILSON A PROFESSIONAL CORP. Name of Company VICILANT INSURANCE COMPANY Date Issued 4iR????'+RY.OX4KR24+T."C..:`.kk^.::t;.`.v::�::� Y Siifi:::D.'SJbR;J,3D%aYsl9.'<�i:Y.wkuia6iirkc'•`'i%.:�:T'c,}:9aX2;,G:5L:3tYxS.`..".:CCw.iL'SC,'4C?S;tt?AYv:^0': kxy:S5:k'::'^•.::S:.u.S:'..2S;bY7':a.7'•io.':�;':Y:.Y';.i4 c13t:�G#;�,'k >,.?%•n,:,w.:.• This Endorsement applies to the following forms: GINERAL LIAi3ILITY �,aa�.ran,s;zaca:;u•�m•mm:at�azasa�suaa�••axxM.^�xaxax�..rs.:.za^.•,•.••••,•.^••.•••^••r••^�::;szµ�r..%.,,„�.•�:'t::•.;;czt^xx^� .•^.�� a�s�:e�cc:�:•sta.�.xraN..;:x:�e,Ns,xsac;:ear,.:.:tx:�:�;:✓:�;y<s>;zN•.�•:.: Who Is An insured • Additional Insured - Scheduled Person Or Organization tinder Who is An Insured, the following provision is added. Persons or organizations shown in the Schcdulc are insureds, but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afibrded•by this policy. 1•iowcvcr, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule.. • to the extent such contract or agreement requires the person or organization to be afforded status us an insured; • for activities that (lid not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. .......v..�.....:.:5'.tr:T.4^i..L:....�..wA:..3):'.:.•::::.: ��......,,...,..Si:2::....,.........,.............,•..,....,................<::.,T...^.t.'.........w..w....,::.GVR<LS::A".t:;;.::Zi:LS:.",.'w"'�i.:::`xCRG�`iR::�:R•k.::".::R%4cJRu:"t.`iA��"�i:n'A[S.L::SS.S::S..:.�..S:i Liability Insurance Additional Insured - Scheduled Person Or Organization continuer Form 8602.2367 (Rev. 5-07) Endorsement Page i Liability Endorsement (continued) Conditions Other insurance - Primary, Noncontributory Insurance - Scheduled Person Or Organization Under Conditions, the following provision is added to the condition titled Other Insurance. 11 you are obligated, pursuant to a contractor agreement, to provide the person or organization shown in the Schedule with primary insurance such as is afforded by Its policy, then in such case this insurance is primary and we will not seek contribution from insurance available to such person or organization. rcw n'"SS:'A' mic4U:it• IV.. a:3,:M- A'.R P,:M:7:{n;T..iP.SRi 5),:•a':Y9.:55W2R».riceck.4:4kt.4.iiiro=4;;bSi7CtJT.tf'KUJCekW:u.:2240:K:X: Schedule Persons or organizations that you are obligated, pursuant to a contract ex agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. AuthoHized Representative Liability Insurance Addition! Insured - Scheduled Person Or Organization last page Form 80-02-2307 (Rev. 5-07) Endorsement Page 2 u C I-1 LJ ET 13 Liability Insurance Endorsement Policy Period MAY 1, 2017 TO MAY 1, 2018 Effective Date MAY 1, 2017 Policy Number 3590-43-09 WUC insured MEYERS NAVE RIBACR SILVER & WILSON A PROFESSIONAL CORP. Name of Company VIGILANT INSURANCE COMPANY Date Issued AfitJAVSM4xktco»zo>xxa••• ••xc v»ucac ca+.n>.w.v,cn v^nn w..;; .": n w::X�.mn"i•�:w R H.m ^:X7R:: iR�{S:YR;,•YG.dh.'S:',G'6R6:t�:i%S ::o:t>:k�R&%R:�RJ:YRa+XYk�.'.'b'ro..:9x.'tF.>.RXRxRS:iK:YR':?�4.3:F.Fs'x•Y: RcRS�.oY6i kX:3.J This Endorsement applies to the following forms: GENERAL LIABILITY )K.9:gL•i-':..-..... a::4? .•,:,..,..w .,m;,«..• oxR` ymuo xo#3: o.t.mfd.Y{sio3:FPS#•s3..m.S3f8kS§StS#iSi:SiBiiR#>?'.'ezeimidYod3i £:3i o:•:-. s$ i%'tid3»i<w'nwz.pm:,sr.' coosxa:<3.k•itAu?.:.. :5;mlY;¢ph; Under Conditions, Transfer Or Waiver Of Rights Of Recovery Against Others, the following provision is added: Conditions Transfer Or Waiver Of Rights Of Recovery Against Others Liability insurance However, we waive any right of recovery we may have against the designated person or organization shown below because of payments we make for injury or damage arising out of your ongoing operations or done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies to the designated person or organization. Condition —Waiver C, Transfer 0' Riihfs Of Pecovery continued Form 80-02-2362 (Rev. 4-01) Endorsement Page 1 Conditions Transfer Or Waiver Of Rights Of Recovery Against Others (continued) Designated Person Or Organization As required by written contract/agreement. All other term; and conditions remain unchanged. Aurhorizeo Representative Liability Insurance Condition - Waiver Of Transfer Of Rights Of Recover/ last page Form 80-02-2362 (Rev. 4-01) Endorsement Page 2 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy tc which it is attached effective on the inception date of the policy unless a different date is indicated below, (The following 'attaching clause" need he completed only when this endorsement Is Issued subsequent to preparation of the policy ) This endorsement, effective on Policy No. 5-1-17 (DATE) )7172-64-27 of the FEDERAL INSURANCE COMPANY ((NAME OF INSURANCE COMPANY)) at 12:01 A. M. standard time, forms a part of issued to MEYERS NAVE RIBACK SILVER & WILSON A PROFESSIONAL CORP. Endorsement No. Authorized Roprcoontetivc We have the right tc recover our payments from anyone liab e for an injury covered by this policy. We will not enforce our right against he person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 1.00 % of total California premium. Schedule Person or Organization Job Description BLANKET WAIVER - ANY PERSON OR ORGANIZATION ALL CALIFORNIA OPERATIONS FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER WC 99 03 04 (Ed. 7-08) From: EXIGIS RiskWorks <notifications@riskworks.com> Sent: Tuesday, December 05, 2017 9:24 AM To: Meredith, Paul Subject: The City of National City: Notice of Waiver for MEYERS NAVE Dear Business Partner, The City of National City has completed its review of the insurance documentation submitted on behalf of MEYERS NAVE and has waived its standard insurance requirements. No further action is required at this time. You will receive a renewal.notice requesting the submission of updated insurance documentation in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at support@exigis.com or 646-762- 1533. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of The City of National City 646-762-1533 support@exigis.com Reference ID (Vendor ID) : 34227 Organizational Unit : The City of National City -> City Attorney i Agreement Number : CA-00012 ���1lnxxu�ux pIN((rr\ AL—\� i1irm nm., mNo a'mo� 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 MEYERS NAVE RIBACK, SILVER AND WILSON LEGAL SERVICES Municipal Law Ginny Miller (City Attorney) forwarded a Fully Executed Agreement to Meyers Nave Riback, Silver and Wilson.