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HomeMy WebLinkAboutBOBKO LAW APC (2) +NSURANGE ON FILE A-2025-100 NARK MAY PROCEED jNTIL iN pI KINCE EXPIRES -.� Y ^LER JUL 11 2025 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH BOBKO LAW APC } THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 1, 2025, by and between. Bobko Law APC ("Attorneys") and the City of Santa Ana, a charter city and L��I�(l� duff municipal corporation organized and existing under the Constitution and laws of the State of California ("City'). Attorneys and City are also referred to herein as Parties or individually as a cc +a arty. RECITALS A. The parties entered into Agreement #N-2024-366, dated October 23, 2024 ("Agreement") by which Attorneys agreed to provide legal services for the City Attorney, including but not limited to special experience and knowledge in the field of municipal litigation, until October 23, 2026. The Agreement is current and in-effect. B. The parties desire to amend the Compensation section in the Agreement to increase the total not-to-exceed amount due under the Agreement. No other changes are contemplated by this First Amendment. The Parties therefore agree: 1. Section 2.a.,Compensation, is amended to increase the not-to-exceed amount due under the Agreement to $500,000.00. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. ATTEST CITY OF SANTA ANA f rANTi IF L ALVARO NUNEZ City Cl City Manager APPROVED AS TO FORM ATTORNEYS Sonia R. Carvalbo BOBKO LAW APC City Attorney By; S ANDRA M. r C1it9 P TRI K K T"JOBKO Chief Assistant City Attorney Page 1 of 1 ®': � ! � 1 17 �A.t.'1 Ir`IMYRANc � E}MlxibonrrYl.: '�"p[I,`�S d3ETIF1 ��E IS IS3llELI i1$i4 MA E.R OF INFORMAT,IOIII C;j+ILtY:ANp �ONFERS;Nt� RI{iHTS UPON 7EIE CtE.F�TIPICATL O d,ER TItl3 FIirfI? S t�OC AF11RlViA7(1��LY',t1R N1=GAT#V�11`;ANIND ',; I*Np';J.�iFt Al. t TI�I :CQYERAS31w.d. 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G Rl7 ( gi6lfl TfY23:Ai0QR#�Yi�#itie.and tLt 4 rf9�$gla[ePed irt�i lisp tff A IRt# g , 'M ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MM/UDYYYY) 1 02/19/2026 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: Professional Resource PHONE (888)998-7742 ac,Ne) Insurance Agy, LLC EaT1AL 101 W. American Canyon Rd#508 ADDRESS: dhamid@priabrokers.com American Canyon, CA 94503 INSURERS)AFFORDING COVERAGE NAIC0 INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURERS: CorePOinte 10499 Bobko Law APC INSURER C 23 Corporate Plaza Dr.,Ste. 150 INSURER O Newport Beach,CA 92660 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI115 IS TO CERTIFY TI IAT TI IC POLICIES Or INSURANCE LISTED BELOW I AVE BEEN ISSUED TO TI IC INSURED NAMED ADOVC FOR T1IE 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 Or SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE .I=SUER JIM POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE �OCCUR PA MI E T O RENTED oQWnren S 100.000 X CGL is on BOP Form MED EXP(Any one Person) $ 10,000 A X X P104.053.620.1 10/25/2025 10/25/2026 PERSONAL A ADV INJURY 5 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 X POLICY .PIFRr:OT LOC PRODUCTS-COMPIOP AGG S 4,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S to accident ANY AUTO BODILY INJURY(Per lmr n) S ALA OWNED SCHEDULED 8031LY INJURY(Per accident) S AUTOS AUTOS NON-OWNED I PROPERTY DAMAGE S HIRED AUTCS AUTOS Pa arr.A4, $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLA MS-MADE AGGREGATE S DED F—FRETENTION 5 S WORKERS COMPENSATION PER OTH- ANU EMPLOYLHS LIABILI I Y YIN STATUTE I I ER ANYPROPRIETOR/PARTNER'EXECUTNE ❑ N/A C.L.CACII ACCIOCNT EXCLUDED9 S OFFICERWEMBER (Mandatory In NN) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S B Professional Liability CIC 1008190 00 08/23/2025 08/23/2026 Per Claim/ 2,000,000 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101.Additional Remarks Schedule-may be attached If more space Is required) City of Santa Ana, its City Council,officers, officials, employees,agents, and volunteers are to be covered as additional insureds with respect to General Liability coverage for liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations as provided by the general liability policy form. Cancellation notices will be provided as slated in the general liability policy form.Coverage is Primary and Non-Contributory.Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Attorney's Office ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD APPROVED By Tu Train Nguyen at 3:40 pm,Apr 27,2026 Hiscox Insurance Company Inc. HISCOX encourage courage® Endorsement 44 NAMED INSURED: Bobko Law APC Blanket Additional Insured (Lessors of Premises/Clients;Waiver of Subrogation: Primary Non- Page 1 of 2 Contributory) In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Liability Coverage Part is amended as follows: I. The following is added to the end of Section III. Who is an insured: AI-A. Additional insureds If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds: 1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you. However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured. A person or organization's status as an additional insured under this subsection 1 ends when you cease to be a tenant in the premises. 2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of: a. your acts or omissions or of those acting on your behalf;and b. the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured under this subsection 2 ends when your operations for that additional insured are completed. II. Notwithstanding anything to the contrary in the other insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional insured listed above will be primary with respect to and will not contribute with any other insurance available to the additional insured, provided: 1. the additional insured is a named insured under such other insurance; and 2. you have agreed in a written contract or agreement that this insurance would be primary and would not contribute with any other insurance available to the additional insured. III. Notwithstanding anything to the contrary in the subrogation provision in the General Terms and Conditions, you may waive your rights of recovery against another party in writing prior to an: 1. offense arising out of your business operations that caused a personal and advertising injury; or 2. occurrence that caused bodily injury or property damage. BOP-GL E5026 CW(11/19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Hiscox Insurance Company Inc. HISCOX encourage courage® Endorsement 44 NAMED INSURED: Bobko Law APC Blanket Additional Insured (Lessors of Premises/Clients:Waiver of Subrogation: Primary Non- Page 2 of 2 Contributory) Endorsement Effective: March 23, 2026 Policy No.: P104.053.620.2 By: Mary Boyd (Appointed Representative) BOP-GL E5026 CW(11/19) Includes copyrighted material of Insurance Services Office, Inc.with its permission Hiscox Insurance Company Inc. 40 HISCOX encourage courage- Endorsement 33 NAMED INSURED: Bobko Law APC Blanket Additional Insured-Clients and Lessors of Premises Page 1 of 1 In consideration of the premium charged, and on the understanding this endorsement leaves all other terms,conditions, and exclusions unchanged, it is agreed the General Liability Coverage Part is amended as follows: I. The following are added to the end of Section III.Who is an insured: CL-A. Clients If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part,any person or organization for whom you are performing operations is an insured, but only with respect to liability arising out of: 1. your acts or omissions or of those acting on your behalf;and 2. the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured under this subsection CL-A ends when your operations for that additional insured are completed. CL-B. Lessors of premises If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part,any person or organization from whom you lease any premises is an insured, but only with respect to liability arising out of the ownership, maintenance,or use of that part of the premises leased to you. However,the coverage afforded to such additional insured(s)does not apply to any liability arising out of structural alterations, new construction,or demolition operations performed by or for such additional insured(s). A person or organization's status as an additional insured under this subsection CL-B ends when you cease to be a tenant in the premises. Endorsement Effective: October 25,2025 Policy No.: P104.053.620.2 By: Mary Boyd (Appointed Representative) BOP-GL E5025 CW(11/19) Includes copyrighted material of Insurance Services Office, Inc.with its permission CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE I Patrick K Bobko ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Bobko Law APC ("Company"),and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company,I represent and confirm the following,as relates to the agreement between Company and City of Santa Ana,agreement number ("Agreement")toprovide Legal Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company employees,consultants,representatives, and agents will not use and/or drive any Company owned/rented/leased borrowed vehicles to perform Services to,for,or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum automobile liability insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. (f� ® March 12, 2026 i 4 tune Date Patrick K. Bobko Print Name Shareholder Title Patrick@BobkoLaw.com (949) 432-9975 Contact Information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Automobile Liability Insurance 11.12.2024 CITY OF SANTA ANA �T Risk Management a division of Human Resources Managing Risk through Awareness and Actions.. € AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I, Patrick K. Bobko ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of Bobko Law APC ("Company"),and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company,I represent and confirm the following,as relates to the agreement between Company and City of Santa Ana,agreement number ("Agreement")to provide Legal Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the workers'compensation laws of California,and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code,Company shall forthwith comply with the provisions and provide proof of workers'compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum workers'compensation insurance coverage as required in the Agreement,it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 'ILA March 12, 2026 Sign Date Patrick K Bobko Print Name Shareholder Title Patrick@BobkoLaw.com (949) 432-9975 Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS'COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT DOLLARS($100,000).IN ADDITION TO THE COST OF COMPENSATION,DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST,AND ATTORNEY'S FEES. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024