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HomeMy WebLinkAboutNATHAN & KAMIONSKI LLP (3)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 11 l04,1l s CITY CLEAN 0 6 2025 DATE. A-2024-191 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT WITH NATHAN & KAMIONSKI LLP This Second Amendment is made and entered into on this 19`h day of November, 2024, by and between Nathan & Kamionski LLP, an Illinois limited liability company ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). O. CAOCO) &Yrq Wilkiam,,(KF) RECITALS A. On May 7, 2024, the City and Attorneys entered into Agreement No. N-2024-171 ("Agreement") to provide legal services to defend the City and certain individually named Defendant employees in the matter of Ramon Alvarez v. City of Santa Ana, et al, United States District Court Case No.:8:24-cv-00516-DMG-KS. The Agreement is still in effect. B. On June 4, 2024, the parties entered into a First Amendment to the Agreement (#A-2024-072) to increase the compensation by an additional $450,000.00, for a total not to exceed amount of $500,000.00. C. City is a member of the Independent City Risk Management Authority ("ICRMA"). Attorneys have notified City that they wish up update their rates match the hourly rates consistent with other member cities, which are part of the ICRMA, to bring greater value to ICRMA clients and ensure consistency. City and Attorneys agree that these rates are consistent with the value provided by Attorneys. D. The Parties now wish to amend the Agreement to update the hourly rates provided by Attorneys. No other changes, including to the overall compensation noted in Recital B, are contemplated by this Second Amendment. The Parties therefore agree: 1. Section 2.b, Compensation for Services Rendered, is hereby amended to reflect the following hourly rates: Partners ($325/hr.), Associates ($300/hr.), Paralegals ($125/hr.) The revised rates will not affect the total not to exceed amount of $500,000.00. 2. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [Signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the day and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: )AMA� T RA BO OSIAN Senior Assistant City Attorney CITY OF SANTA ANA '72 2f ALVARO NUNEZ City Manager NATHAN & KAMIONSKI, LLP 070 0, j W-,fl 117 - I OR By: Title: partner v�mionski ACC)R" CERTIFICATE OF LIABILITY INSURANCE 11`.� DATE (MM DD YYYY) 1 11/11/2024 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 CONTACT NAME: Pearl Insurance Group, LLC 1200 East Glen Avenue PHONE FAX AIC No EXI : (AIC, No): ADD RESS: INSURERS AFFORDING COVERAGE NAIC# Peoria, Heights, It. 61616-5348 INSURERA: Ascot Insurance Company 45055 INSURED Nathan & Kamionski LLP INSURER B INSURERC: 206 S Jefferson St INSURER D: Chicago IL 60661-5639 INSURER E: INSURER P: COVERAGES 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER MMID��YY MWDO YYXYP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Eaoccurrence) $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT PRO- ❑ LOC GENERALAGGREGATE $ GEN'L PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ee..[denl $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident $ HIRED I NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Par accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEO RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER E.L. EACH ACCIDENT $ OFFCEWMEM ER XC UDED4 ECUTIVE ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ $2,000,0001 each claim A Other Professional Liability LPPL2310000767-03 11/8/2024 11/8/2025 $2,000,000 aggregate $3500( deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) APPROVED By Cynthia Mora at 12:37 pm, Dec 10, 2024 City of Santa Ana, its Officers, Officials, and Employees Attention: Risk Management 20 Civic Center Plaza M-29 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD