FIRST AMENDMENT TO MANAGEMENT SERVICES AGREEMENT
BETWEEN THE
CITY OF REDONDO BEACH
AND
LANDMARK ACQUISITION COMPANY
THIS FIRST AMENDMENT TO THE AGREEMENT FOR MANAGEMENT
SERVICES ("Amendment ") is made between the City of Redondo Beach, a chartered municipal corporation ( "City ") and Landmark Acquisition Company, a California corporation ( "Consultant ").
WHEREAS, on February 21, 2012, the parties hereto originally entered into that certain Agreement for Management Services between the City and Consultant Agreement "); and
WHEREAS, on August 7, 2012, the parties entered into that certain Consent to Contract with Third Parties Agreement between the City and Consultant; and WHEREAS, City and Consultant desire to amend the Agreement pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services: Exhibit "A" of the Agreement is hereby amended to add the following property "Redondo Beach Marina, 161 -245 N Harbor Drive" as another property to be managed by Consultant. The additional property description above shall be inserted under the section entitled, "Description of Property" of Exhibit "A." Except as expressly stated herein, Exhibit A of the Agreement shall remain unchanged and is in full force and effect.
2. Insurance: Section 15 is hereby amended with the following:
Consultant shall comply with the requirements set forth herein Insurance requirements that are waived by the
City's Risk Manager do not require amendments or
revisions to this Agreement.
Notwithstanding the foregoing, California Labor Code
Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Consultant hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self - insurance in accordance with the provisions of that code, C- 1405 -057 KZ)
and I will comply with such provisions before commencing the performance of the work of this contract. ""
3. Compliance with Laws: Section 17 is hereby replaced in its entirety with the following:
Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and non - discrimination laws.
Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the
provisions of Labor Code Section 1813 concerning
penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twenty -five dollars 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar
week. Pursuant to Labor Code section 1815, work
performed by employees of Consultant in excess of 8
hours per day, and 40 hours during any one week shall be permitted upon compensation for all hours worked in
excess of 8 hours per day at not less than 11/2 times the basic rate of pay. For every subcontractor who will
perform work on the project, Consultant shall be
responsible for such subcontractor's compliance with
Labor Code Sections 1810, 1813 and 1815, and
Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections
1810, 1813 and 1815 and a requirement that each
subcontractor shall comply with these aforementioned
sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and
ensure subcontractor's compliance, including without
limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming
aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall
diligently take corrective action to halt or rectify the failure." F µ 4rep
COfsff Ev
fr
C -1405- 057
4. Federal Funding: Section 33 is hereby deleted in its entirety.
5. Modification: Except as expressly set forth herein, the Agreement shall continue in full force and effect. The Agreement together with the First Amendment constitutes the entire agreement between the parties and supersedes any previous oral or written agreement. In the event of any inconsistency between this First Amendment and the Agreement the terms of this First Amendment shall prevail. This First Amendment may be modified or amended only by a subsequent writing executed by all of the parties and approved by the City Council.
SIGNATURES ON FOLLOWING PAGE]
JPl xnpT
C
C
1405 - 057
IN WITNESS WHEREOF, the parties have entered into this First Amendment as of this 6th day of May, 2014.
CITY OF REDONDO BEACH LANDMA • ACQUISITION COMPANY
A chartered municipality a Calif. is corporation
AWE,
eve • •.el,4
e
APPROVED AS TO FORM: ATTEST:
3 1 1
Michael W .
Uztel-iv
bb, City A ' or ey Eleanor Manzano, City Cler,
APPROVED:
1 Jill : uchhol , Risk Manager
C- 0571405- 0if
A
RO® CERTIFICATE OF LIABILITY INSURANCE 1TE( 5AMMI
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 15 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 Holly Gooch
Bennett & Porter Insurance Services PHOON EAN Fau ( 480) 212 -1150 1 ( AAC N (480)212 -1151 3200 14 Hayden Rd [email protected]
Suite 310 INSURER(S) AFFORDING COVERAGE NAIC0
Scottsdale AZ 85251 -6655 INSURER A:EVans Insurance Co.
INSURED INSURER B:Scottsdale • Insurance
Leonardo Management, Inc; Landmark Acquisition INSURERC:
107 W Torrance Blvd Ste 200 INSURER D:
INSURER E:
Redondo Beach CA 90277 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL14522 12 4 6 6 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 ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVf POLICY NUMBER MM/DDIYYYY) (MMIDD'YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 1, 00000,
X COMMERCIAL GENERAL LIABILITY PREMISES (
RENTED P -AVA -CE IO RENTEDcunence) 100,000
A CLAIMS-MADE X OCCUR 3CO5623 2/0145/2/015/ MED EXP (Any one person) 5,000 PERSONAL &ADV INJURY 1 ;000,000
GENERAL AGGREGATE 2, 00000,
GLEN'AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ Included ill POLICY n PRO- Ii LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident) 1, 00000,
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED 3CO5623 2/0145/2/015/ BODILY INJURY A
AUTOS
NON OWNED
AUTOS Per accident) $
X PROPERTY DAMAGE
HIRED AUTOS R
AUTOS Par acadent)
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS -MADE AGGREGATE
DED I 1 RETENTION$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY ITl1RYSTATU- I IFROT Y 1 N
ANY PROPRIETORIPARTNERIEXECUTME
OFFICER/MEMBER EXCLUDED? I NIA
E.L. EACH ACCIDENT
Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Errors S Omissions EKS93123299 2/0145/2/015/ Limn 1, 00000, DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Redondo Beach
ACCORDANCE WITH THE POLICY PROVISIONS.
415 Diamond Street
Redondo Beach, CA 90277 AUTHORIZED REPRESENTATIVE
Holly Gooch /BPHLG tot U.> ` A00G -1— ACORD 25 (2010/05) 01888-2010 ACORD CORPORATION. All rights reserved.
INS025 (231005).01 The ACORD name and logo are registered marks of ACORD A` °R°®CERTIFICATE OF LIABILITY INSURANCE
DATE YY)
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 15 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 Lisa Vanecko NAME
Bennett S Porter Insurance Services PHONE 480) 212 -1150 1 FA% N (980) 1151212- Mr FU' WC. 3200 N. Hayden Rd. , R310 AnnRFSC lvanecko@bapins. com
INSURER(S) AFFORDING COVERAGE MAIO ft
Scottsdale AZ 85251 -6655 INSURER A :Scottsdale Insurance INSURED INSURER B:HiSCCX Insurance Company
Leonardo Management, Inc. DBA: Leonardo INSURER C:
107 W Torrance Blvd Ste 200 INSURER D:
INSURER E:
Redondo Beach CA 90277 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL1382110003 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWTHSTANDING 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVIl POLICY NUMBER MMIDDIYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 1, 00000,
DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) S 100,000
A CLAIMS-MADE I X I
OCCUR 3KS3057275 2/0135/2/0145/ MED EXP (Any one person) 5,000 PERSONALSADV INJURY 1, 00000,
GENERAL AGGREGATE 2, 00000,
GEN'LAGGREGATE LIMIT APPLIES PER:, PRODUCE - COMP/OPAGG $ Included GES I POUCY lagf II 1 LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident) 1, 00000,
ANY AUTO BODILY INJURY (Per person) $
ALL
AUTOS
OVMED SCHEDULED
AUTOS
5K430E17275 2/0135/2/0145/ BODILY INJURY (Per IP accident) $ nU A
X HIRED AUTOS X AUTOSWNED PROPERTY
Per accident)
DAMAGE 5
UMBRELLA LAB OCCUR EACH OCCURRENCE _ $
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED 1 RETENTIONS
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY I WC T I I OFR YIN
ANY PROPRIETORRARTNER/IXECUTNE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? UDEDi n NIA
ManCEtory iM NH) E.L. DISEASE- EA EMPLOYEE$ Man II yes. describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMB $ B Error and Omissions 3021325952 2/0135/2/0145/ 1, 00000, DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Addltlonal Remarks schedule, If more space Is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City o£ Redondo Beach
ACCORDANCE WITH THE POLICY PROVISIONS.
915 Diamond Street
Redondo Beach, CA 90277 AUTHORIZED REPRESENTATIVE
Holly Gooch /BPHLG to LNS (,__-> goo -. --
ACORD 25 (2010105) 1988 -2010 ACORD CORPORATION. All rights reserved.
INS025 (201005).01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
City of Redondo Beach
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclusions organization(s) shown in the Schedule, but only apply:
with respect to liability for "bodily injury', "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" property damage" occurring after:
caused, in whole or in part, by: 1. All work, including materials, parts or equipment
1. Your acts or omissions; or furnished in connection with such work,
2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) designated covered operations has been completed; or above. 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.
CG 20 10 07 04 ISO Properties, Inc., 2004 Page 1 of 1 O POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG20370704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
City of Redondo Beach
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organizations() shown in the Schedule, but only with
respect to liability for "bodily injury or "property dam - age" 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."
CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1 0