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HomeMy WebLinkAboutLiebert Cassidy Whitmore - Labor and Employment Law - Fourth Amendment - 2021AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT CASSIDY WHITMORE THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 1st day of November, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and LIEBERT CASSIDY WHITMORE, a professional law corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on December 1, 2017 ("the Agreement"), wherein the CONTRACTOR agreed to provide the following services: 4-1 1. Advise the City on all aspects of labor and employment law, including disciplinary matters, the impacts of current and proposed legislation, and the impacts of recent or pending court rulings. 2. Review and provide advice on labor and employment policies, reports and documents and reports. 3. Draft labor and employment policies reports and documents on behalf of the City. 4. Prepare training materials for City personnel, including the City Council. 5. Provide/trainings to City personnel, including the City Council. , 6. Represent the City in meetings with internal employee bargaining groups and outside agencies such as the State of California Public Employee Relations Board (PERB). WHEREAS, the parties entered into a First Amendment on August 2, 2018 that increased the hourly rates at which CONTRACTOR would bill CITY for legal services; and WHEREAS, the parties entered into a Second Amendment on July 17, 2019 that increased the not -to -exceed amount of Article 3.0 by $25,000, for a not -to -exceed amount of $50,000. WHEREAS, the parties entered into a Third Amendment on July 17, 2020 that the not -to -exceed amount of Article 3.0 shall be an annual total not -to -exceed amount of $50,000. Amended Agreement Page 1 of 2 City of National City and Revised March 2021 Liebert Cassidy Whitmore a P. WHEREAS, the parties desireto further amend the Agreement by increasing the hourly rate and modifying Article 3 "Compensation" of the Agreement. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The previous fee schedule that partiesagreed to in the August 2, 2018, First Amendment: to the Agreement. and referenced in Article 3 "Compensation" is deleted in its entirety and replaced with the fee schedule attached hereto as Exhibit "A". 2. The parties further agree that,: with the foregoing exceptions, each and every other term and provision of the. December 1, 2017 Agreement, the shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first above written. CITY v F NATIONAL CITY' By: r. + LIEBERT CASSIDY WHITMORE, A PROFESSIONAL LAW CORPORATION (Corp or . on — signatures of two corporate officer Jquired) y Manager By: APPROVED AS TO FORM: By: Charles E. Bell Jr., City ney Amended Agreement Revised March 2021 • B • (Name) J. Scott Tiedemanu (Print) President • :. Brian P. Walter (Print) Secretary (Title) Page 2 of 2 ( City of National City and Liebert Cassidy Whitmore • Exhibit "A" • LIEBERT CASSIDY WHITMORE FEE SCHEDULE • Partners Senior Counsel • • ., $380.00 $325.00 • • • • Associates $210.00 - $305.00 Labor Relations/Human Resources Consultant $240.00 .l Paralegals $135.00 .. &Discovery.Specialists $135.00 Law Clerks $135.00 - $175.00 4WRL° 411fift•mmoss''''.- CERTIFICATE OF LIABILITY INSURANCE LIEBCAS-01 YCORATHERS DATE (MMIDDIYVYY) 11/17/2021 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 poll y 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 endrsements. PRODUCER Narver Asssociates Insurance Agency 423 McGroarty Street San Gabriel, CA 91776 INSURED Liebert Cassidy Whitmore 6033 W. Century Blvd. 5th Fir Los Angeles, CA 90045 ee— COVERAGES CONTACT June Samarin NAME: PHONE 9432237 (arc, No, Ext): (626) ADDRESS: jsamarinnarver.com FAX l, No INSURER(S) AFFORDING COVERAGE INSURER A :Sentinel Insurance Company, Ltd INSURER B : Federal Insurance Company INSURER C : Aspen Spcia1ty Insurance Com any NAIC # 11000 20281 10717 INSURER D : Underwriters at Lb d's London 15792 INSURER E INSURER F : CERTIFICATE NUMBER: 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. 1NSR LTR A X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE r X I OCCUR GENII_ AGGREGATE LIMIT APPLIES PER: POLICY OTHER: A A B r x PRO- JECT AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED ONLY X X DED LOC SCHEDULED AU NON -OWNED AUTOS ONLY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liab. D I Cyber Liability Y!N L ADDL INP SUBR WVD POLICY NUMBER 72SBAAK0318 725BAAF318 POLICY EFF POLICY EXP �i 11 D! hea& ki ll D! AAA& 1211412021 LIMITS EACH OCCURRENCE $ PREMISES Ea occurren e MED EXP (Any one • er on $ PERSONAL & ADV INJURY GENERAL AGGREGATE 000,000 1,000,000 10,000 2,000,000 4,000,000 PRODUCTS - COMP/OP AGO $ a,000,000 COMBINED SINGLE LIMIT Eaaeident) 1211412021 BODILY INJURY (Per person) 72SBAAK039 8 12/14/2020 12114/2021 7175-0595 4/1/2021 LRAAF820 EH-AD12881 1 BODILY INJURY Per accident) PROPERTY �AMAGE Per accident) EACH OCCURRENCE AGGREGATE • 4/112022 PTT UTE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE: $ 4,000, 00 4,000,000 OTH- ER E.L. DISEASE - POLICY LIMIT $ 12/1012020 1211012021 Per Claim 121612020 121 l2 21 'Aggregate 3,000,000 1,000,000 1,000,000 1,000,000 5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES lACORD 101, Additional Remarks Schedule, may be attached if more space is required) The city of National City, its elected officials, officers, agents and employees is additional insured for as respects attached General Liability endorsement SS 4170 and SS 4171, as required by contract. Waiver of subrogation applies as per attached General Liability form SS 00 08 and Workers ers Compensation form WC 90 03 75. CERTIFICATE HOLDER City of National City clo Risk Manager 140 E. 12th St Suite A National City, CA 91950 CANCELLATION 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 O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016103) POLICY NUMBER: 72 SBA AK0318 1 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION N., This endorsement modifies insurance provided under the following:BUSINESS LIABILITY COVERAGE FORM • • SCHEDULE r Name Of Additional Insured Person(s) Or Organization(s): The city of National City, its elected officials, officers, agents and employees Location(s) Of Covered Operations: • Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section C. — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. Form SS 41 7006 11 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf, of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © 2011,The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) Page 1 of POLICY NUMBER: 72 SBA AK0318 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETE s OPERATIONS This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organizations): The city of National City, its elected officials, officers, agents and employees Location And Description Of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section C. — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". Form SS 41 71 06 11 Page 1 of 1 O 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) Policy Number: 72SBAAK0318 BUSINESS LIABILITY COVERAGE FORM w (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising cut of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the~ insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (7) II When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)' The total amount that all-suchother insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess. of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary, Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce Them. This condition does not apply to Medical Expenses Coverage. Waiver Of Rights Of Recovery (Waiver f Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. b. Form SS 00 08 04 05 Workers' Compensation and Employers' Liability Policy Named Insured L.IEBERT CASSIDY WHITMORE A PROFESSIONAL Endorsement Number Policy (umber [Symbol: Number:7175-05-95 Effective Date of Endorsement 04/01/2021 issued By (Name of Insurance Company) Federal Insurance Company - insert the olio number. The remainder of the information is to be rn feted only when this endorsement is issued subsequent to the preparation of the cy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule -• 1. (El) Specific Waiver Name of person or organization BLANKET WAIVER ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. CITY OF NEWPORT BEACH (I!) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 1 % percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: WC 90 03 75 (05/18) Authorized Representative Producer Copy