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HomeMy WebLinkAboutCC Resolution 13481 (Legislative Advocacy Services; Emanuels Jones)RESOLUTION NO. 13481 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $73,200 WITH EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES WHEREAS, the Cities and Towns of Marin County rCTMC,') jointly desire to hire a lobbyist to provide legislative advocacy services before the State legislature on their behalf; and WHEREAS, Emanuels Jones & Associates has the training and experience to provide, and is willing to provide, legislative advocacy services on behalf of the CTMC; and WHEREAS, the City of San Rafael has agreed to be the lead agency for the CTMC for the purpose of entering into an agreement with Emanuels Jones & Associates to provide such legislative advocacy services on their behalf; and WHEREAS, the CTMC have agreed to share the cost of the required services; NOW, THEREFORE BE IT RESOLVED, that the City Council hereby approves and authorizes the City Manager to execute a Professional Services Agreement with Emanuels Jones & Associates for legislative advocacy services in the form attached hereto as Exhibit 1 and incorporated herein by reference, in an amount not to exceed $73,200. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 22nd day of January 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, McCullough & Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Phillips ESTHER C. BEIRNE. City Clerk AGREEMENT FOR LEGISLATIVE ADVOCACY SERVICES This Agreement is made and entered into this 22nd day of January, 2013, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DAVID JONES., D.B.A. EMANUELS JONES & ASSOCIATES (hereinafter "CONTRACTOR"). RECITALS WHEREAS., the Cities and Towns of Marin County ("CTMC") desire to retain CONTRACTOR to provide legislative advocacy activities and actions before the State legislature on their behalf-, and WHEREAS, CONTRACTOR has the training and experience to provide, and is willing to provide, legislative advocacy activities and actions on behalf of the CTMC; and WHEREAS, CITY has agreed to be the lead agency for the CTMC for the purpose of entering into an agreement with CONTRACTOR to provide such legislative advocacy activities and actions on their behalf, and WHEREAS, the CTMC have agreed to jointly fund this agreement, on a pro rata basis as described in Exhibit -A" hereto, with CONTRACTOR for its provision of legislative advocacy services described herein. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Manager is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. David Jones is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason. the CONTRACTOR shall notify the CITY within ten (I 10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and,or provide serN ices as follokN s: A. Provide consulting services as a lobbyist on pertinent municipal matters on behalf of the Cities and Towns of Marin Courity, through the Legislative Committee of the Marin County Council of Mayors and Councilmembers ("MCCMC"). B. Report CONTRACTOR's lobbying activities as required by the California Fair Political Practices Act and Commission (THU), including preparation of form 635 and other required forms. C. Certify that employees and/or entities are properly registered, licensed or certified pursuant to law to perforin the tasks described herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: A. For the term of the Agreement, billed monthly in advance, for CONTRACTOR's performance of this Agreement. B. Reimbursement of CONTRACTOR's direct costs for travel and FPPC filing fees, not to exceed $400 for the term of the Agreement. CONTRACTOR understands and agrees that it shall not incur any additional expenses on behalf of CITY, the Cities and Towns of Marin County or the MCCMC, and that CITY, the MCCMC and the Cities and Towns of Marin shall not be responsible for any obligations of an employer. Specifically, CONTRACTOR shall furnish his own means of transportation (when not required by CITY to travel), miscellaneous supplies and incidental expenses. Total compensation paid for services and expenses under this Agreement shall not exceed $36,600 for 2013. The 2014 contract amount shall not exceed $36,600. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for (2) year(s) commencing on January 1. 2013 and ending on December '31. 2014. 6. TERMINATION,. A. Discretionai-y. Either party may terminate this Agreement Nvithout cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties Linder this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties Linder this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement. CONTRACTOR shall maintain. at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million ($1,000.000) dollars per occurrence for death. bodily iqJJury, personal injury, or property damage. 2. An Automobile Liability Insurance polic\ endorsed for -'scheduled autos** classified for business use with an additional umbrella policy of not less than $1,000,000. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance or services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers. agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form. then., following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of fl-iis Agreement. 8. The insurance shall be approved as to forin and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance. as required by the State Labor Code and other applicable laws and regulations. and as necessavy to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or se If -insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's !I option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined tinder Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit. judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities. penalties, fines and all other consequences from any noncompliance or violation of any laws. ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend. by any provision of this Agreement, to create in -in\ third party. any benefit or right oxN ed by one party, under the terms and conditions of this Agreement, to the other part)-. 15. NOTICES. All notices and other communications required or permitted to be given under this R� Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid., addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Nancy Mackle City Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. David Jones dba Emanuels Jones & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444-6789 17. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement. promise or statement, written or oral, relating to the subject matter of this Agreement. shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a NNTitten amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement. and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference. the terms and conditions of this Agreement shall control. I 19. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition., ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 22. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF., the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL --to NANCY MACKLE, City Manager rA CONTRACTOR ENIANUELS JONES & ASSOCIATES DAVID JONES, President ATTEST: ESTHER C. BEIRNE, City Clerk APROVED AS TO FORM: ROBERT F. EPSTF��, City attorney ACCORVCERTIFICATE OF LIABILITY INSURANCE � °0111112013 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 LORI MCCARTER CURRY NANNiE cT LORI MCCARTER CURRY 451 PARKFAIR DRIVE SUITE 2 PHONE �:U:9164875151 � MAIL .No]: SACRAMENTO, CA 95864 ADDRESS: INSURERS) AFFORDING COVERAGE MAIC # INSURER A: State Farm Mutual Automobile Insurance COmoanv 25178 INSURED JONES, DENISE M. & DAVID A. INSURERS: State Farm Fire and Casualtv ComOanv 25143 206 G I FFORD WAY INSURER C : SACRAMENTO, CA 95864-6910 INSURER D: INSURER E: INSURER F: 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 TYPE OF INSURANCE �pD sa POLICY EFF POLICY EXP YYYI 1 LIMITS t POLICY NUMBER tMOLIC YEIFF t FOLIC EXP GENERAL LIABILITY EACH OCCURRENCE $ UAMAUL 1 U HLN 1 LU COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE F7 OCCUR _ GEN'L AGGREGATE LIMIT APPLIES PER' PO - POLICY I I JF.CT [' LOC A AUTOMOBILE LIABILITY i� ❑ ANY AUTO �_---j ALL OWNED � SCHEDULED AUTOS AUTOS S AUTOS NON -OWNED HIRED AUTO B X UMBRELLA LIAB ( OCCUR u 1i EXCESS UAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETORiPARTNERfEXECunvE OFFICEIVEMBER EXCLUDED N t A (Mandatory In NH) If yes, describe Under DESCRIPTION OF OPERATIONS bel— V89 8573 A28 55F V88 7123 DOS SSD 55LZ 8296 6 01/28/2013 0712812013 11/14/2012 04/0512013 11/17/2012 11117/2013 ❑�0 DESCRIPTION OF OPERATIONS! LOCATIONS i VEHICLES lAttach ACORD 101, Additional Remarks Schedufe, If morn space is required) CERTIFICATE HOLDER CANCELLATION I PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ' PRODUCTS - COMP/OP AGG , $ $ COMBINEeD SINGLE LIMIT d $ BODILY INJURY (Per person) $ 250,000 BODILY INJURY (Per accident) I $ 500,000 (Perracccrdwq)ROPERTY E $ 100,000 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ IMC STAN-OTH- ( TORY LIMITS , ER f E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEJ $ E.L. DISEASE -POLICY LIMIT I $ CITY OF SAN RAFAEL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 151560 ACCORDANCE WITH THE POLICY PROVISIONS, SAN RAFAEL, CA 94915 AU OR12£OREPR T TiVE ���� I Q 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1041486 132849.6 11-15-2010 T ® DATE (MWOONYYY) AC"R© CERTIFICATE OF LIABILITY INSURANCE ( 10/1/2012 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(les) must 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). NAME CT Kelly V@TduZCO PRODUCER I AISI dba Pan American Insurance Agency, Inc PHONE F„I. (916) 286-5973 I FAX Not: (916)646-3996 CA License # OF89850 IDDRESS,kellyverduzco@paula.com PO Box 13792 INSURER(S) AFFORDING COVERAGE ( NAIC p Sacramento CA 95853 INSURER A:Marvland Casualty 119356 INSURED INSURER B INSURER C Emanuels Jones & Associates ( INSURER D: 1400 K Street Ste 306 ' INSURER E: Sacramento CA 95814 INSURER F: COVERAGES CERTIFICATE NUMBER:12/13 GL 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 TYPE OF INSURANCE AINSR SUBR WUD POLICY NUMBER IMMIDDYIYEYW` IMMIDDIYYYYI LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTE X COMMERCIAL GENERAL LIABILITY ( PREMISES (OEa occu ence) $ 1,000,000 A CLAIMS-MADE [i] OCCUR X PAS05349008 10/1/2012 10/1/2013 I M ED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ Excluded GENERAL AGGREGATE $ 2,000,000 �G�EN'LAGGREGATE LIMIT APPLIES PER (PRODUCTS - COMP/OPAGG $ 2,000,000 X I POLICY [_1 PIFCOT I Lx ( COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO I BODILY INJURY (Per person) $ ALLOWNED SCHEDULED BOD ILYINJURY (Per accident) $ AUTOS AUTOS 1-1 NON-OWNED (PROPERTY DAMAGE $ _ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAR OCCUR ( EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE I AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION (TWRY t ATU-IMITI I OTR TH AND EMPLOYERS' LIABILITY ANY PROPRI ETOR,PA RTNER, EXECUTIVE 1 N / A I E L EACH ACCIDENT $ OFF, CER)MEMBER EXCLUDED (Mandatory in NH) I E L DISEASE - EA EMPLOYEE $ Ifes describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is included as Additional Insured per form CG 2010 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael ,JMCCMC ACCORDANCE WITH THE POLICY PROVISIONS.r Deputy City Manage 1400 Fifth Avenue AUTHORIZED REPRESENTATIVE San Rafael, CA 94901 Bob Underwood/ VERDUZ ACORD 25 (2010/05) Oc 1988-2010 ACORD CORPORATION. All rights reserved. IN8025 cn-- -n Tho a r.npn normo mnri Innn aro ronietororl martre of Ar..r)Pn POLICY NUMBER: PAS05349008 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 San Rafael/MCCMC 1400 Fifth Avenue San Rafael, CA 94901 ATTN: Deputy City Manager Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - 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: 1. 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions 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 in- tended 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 2010 07 04 ^ ISO Properties. Inc., 2004 Page 1 of 1 ACO ® C" CERTIFICATE OF LIABILITY INSURANCE ( DATE(MM/DDIYYYY) 10/1/2012 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 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 NAMEcT Kelly Verduzco AISI dba Pan American Insurance Agency, Inc. HONE (916)286-5973 A//C.No):(916)646-3996 CA License # OF89850 E-MAIL kell erduzco@ aula.com ADDRESS: P PO BOX 13792 INSURER(S) AFFORDING COVERAGE NAIC# Sacramento CA 95853 INSURERAMaryland Casualty 19356 INSURED INSURER B INSURER C Emanuels Jones & Associates ' INSURERD: 1400 K Street Ste 306 ' INSURER E: Sacramento CA 95814 ' INSURER F: COVERAGES CERTIFICATE NUMBER:12/13 GL 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 TYPE OF INSURANCE ADDL SUBR LTR INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE ( s 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ($ 1,000,000 PREMISES (Ea occurrence) A CLAIMS -MADE T OCCUR X PAS05349008 10/1/2012 10/1/2013 I M ED EXP (Any one person) Is 10,000 PERSONAL & ADV INJURY Is Excluded GENERAL AGGREGATE Is 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER ( PRODUCTS - COMP/OPAGG Is 2,000,000 T POLICY TPRO- T LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) Is _ ANY AUTO I BODILY INJURY (Per person) I $ _ ALL OWNED SCHEDULED I BODILY INJURY accident) I $ _ AUTOS AUTOS (Per NON -OWNED I PROPERTY DAMAGE ( $ _ HIRED AUTOS AUTOS (Per accident) Is UMBRELLA UAB OHCCUR EACH OCCURRENCE Is EXCESS LIAR CLAIMS -MADE I AGGREGATE Is I I I DED RETENTION$ $ WORKERS COMPENSATION ATT- I I OT I I AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS E L EACH ACCIDENT I $ ❑ N 1 A OFFICER/MEMBER EXCLUDED' (Mandatory in NH) E L DISEASE - EA EMPLOYEEI $ If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is included as Additional Insured per form CG 2010 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sari Rafael/MCCMC ACCORDANCE WITH THE POLICY PROVISIONS. Deputy City Manager 1400 Fifth Avenue AUTHORIZED REPRESENTATIVE San Rafael, CA 94901 Bob UnderwoodjVERDUZ ACORD 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. I1%119025 ^cinn­ ri Ttha ar r)pn nama and Innn ara ranictarari marlrc of CCr1Rr1 Page I of 3 Esther Beirne From: Jeannie Courteau Sent: Wednesday, January 3U.2O1311:16AM To: EsthorBeime Subject: FW: MCCK8Clegislative advocacy contract -rewiew From: Rebecca Woodbury Sent: Wednesday, January 30, 2013 10:52 AM To: ]eannieCourteau Subject: FW: MCCMC|egis|ativeadvocacycontract- review Asper the email below, the insurance for the EmanuelsJones contract should becorrect. Can you check the language of the contract to make sure it reads correctly? From: Lisa Goldfien Sent: Wednesday, January O9,2U1311:28AM To: Rebecca Woodbury Subject: RE: MCCMC|egis|ativeadvocacycontract- review Rebecca: The requested changes are acceptable. From: Rebecca Woodbury Sent: Tuesday, January 08, 2013 1:55 PM To: LisaGo|dfien Subject: FW: MCCMC legislative advocacy contract - review This isfor a different contract than the one we discussed earlier. Let me know what you think about their proposed changes with regards toinsunance— Thanks, Rebecca From: Denise Jones, Ennanuels]ones &AssociateS [n1ailto:Denise@eman .con] Sent: Tuesday, January 08, 2013 1:11 PM To: Rebecca Woodbury Cc: 'Denise Jones, Ennanue|s]ones &Associates'; 'David Jones' Subject: FW: MCCIVIC legislative advocacy contract - review We have a few issues in the contract to address and then we can sign. Please change EmanoebJones Associates tnEnoanue|sJones & Associates (this appears atthe beginning 1/30/2013 Page 2 of 3 and again in Section 15) Also, there are new insurance requirements outlined in this contract which we need to discuss and address. 1. Autos: By way of background, we do not use our autos for this contract except in the very limited instances to travel to San Rafael for meetings (1-2 times per year). We do not hire vehicles or use non -owned vehicles to do work on this contract. We do not transport city officials, agents or employees in our autos. Your document, Section 10.2 — auto insurance reads "An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence." We proposed the section instead state: "An Automobile Liability Insurance policy endorsed for "scheduled autos" classified for business use with an additional umbrella policy of not less than $1,000,000." We are not able to name the City's "officers, agents, employees, and volunteers", as additional named insureds. Please note that the language we are proposing here what we use with many of our current city clients and they have found this adequate given the scope of services we provide. Our insurance agent is preparing a certificate for the City of San Rafael, but I am attaching a recent certificate prepared for the City of Murrieta so can review it for form. 2. 10 day notice: Section 10.5 states "The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City's Risk Manager." We propose instead that this section be changed to 30 day notice. If the City requires the specific language proposed without modification for autos and notice requirements, we will need to review the Compensation section, as these new requirements would significantly increase our insurance costs. We hope the proposed language meets the needs to the City or that we can work out some language that keeps the Rick Management staff happy without a significant increase in our costs. Looking forward to working through this with you. Maybe we should start with a quick phone call and then go from there. Thanks Denise Jones Vice President Emanuels Jones & Associates 916-444-6789 From: David Jones[mailto:david@emanuelsjones.com] Sent: Tuesday, January 08, 2013 11:08 AM To: 'Denise' Subject: FW: MCCMC legislative advocacy contract - review From: Rebecca Woodbury [mailto:Rebecca.Woodbury@cityofsanrafael.org] Sent: Tuesday, January 08, 2013 10:50 AM To: david@emanuelsjones.com Subject: MCCMC legislative advocacy contract - review 1130/2013 Page 3 of 3 I am finalizing your 2013-15 contract with MCCMC. Please review the attached contract and let me know if you have any revisions. Thanks! Rebecca Woodbury 1/30/2013 A� ® I DATE (MMIDDtYYYY) CERTIFICATE OF LIABILITY INSURANCE 10/1/2012 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 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). CONTAPRODUCER ( NAME: Kelly Verduzco AISI dba Pan American Insurance Agency, Inc. PHONE FN, (916)286-5973 IIAIC.Not: (916)646-3996 CA License # OF89850 ADDRESS: kellyverduzco@paula.com PO Box 13792 I INSURER(S) AFFORDING COVERAGE NAIC # Sacramento CA 95853 IINSURER AMaryland Casualty 19356 INSURED INSURER B : INSURER C: Emanuels Jones & Associates INSURER D: 1400 K Street Ste 306 INSURER E: Sacramento CA 95814 ( INSURER F: COVERAGES CERTIFICATE NUMBER:12/13 GL 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 TYPE OF INSURANCE ADDL'SUBR POLICY EFF POLICY EXP/YLIMITS LTR INSR WVD POLICY NUMBER IMMIDDYYYt IMMIDDIYYYYI GENERAL LIABILITY EACH OCCURRENCE I $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 A CLAIMS -MADE [il OCCUR X PAS05349008 10/1/2012 10/1/2013 MED EXP (Any one person) I S 10,000 PERSONAL & ADV INJURY ($ Excluded GENERAL AGGREGATE is 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO S 2,000,000 X I POLICY PRO- n LOC JFCT I S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I IEaaccidentl S _ I BODILY INJURY $ ANY AUTO (Per person) ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE I I 1 AGGREGATE S DEC) I I RETENTION $ I $ WORKERS COMPENSATION I I QRS ATU- I I T AND EMPLOYERS' LIABILITY YIN FIR ANY PROPRIETORiPARTNER,EXECUTiVE ; EL EACH ACCIDENT $ OFFICER;N!AMEMBER EXCLUDED-, �� (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ ifyes describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POCKY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space is required) Certificate Holder is included as Additional Insured per form CG 2010 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of San Rafael/MCCMC ACCORDANCE WITH THE POLICY PROVISIONS. Deputy City Manager 1400 Fifth Avenue AUTHORIZED REPRESENTATIVE San Rafael, CA 94901 y Bob Underwood/VERDUZ ACORD 25 (2010105) @ 1988-2010 ACORD CORPORATION. All rights reserved. I gII7125GGI"Cr f Th. ACf11711 and 1— ern ronectcrnA m -4c of Ar(Il?I1 a DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 01111/2013 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(les) must 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 LORI MCCARTER CURRY NAME: LORI MCCARTER CURRY 451 PARKFAIR DRIVE SUITE 2 _j�gr�o No. Ean}_ 916 487 5151 FAX Nei: E-MAIL SACRAMENTO, CA 95864 ADDRESS: J ,�, I INSURER(S1 AFFORDING COVERAGE NAIC # ' INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED JONES, DENISE M. & DAVID A. INSURER s : State Farm Fire and Casualty Company 25143 206 GIFFORD WAY INSURERC: SACRAMENTO, CA 95864-6910 INSURER D: INSURER E: INSURER F: 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. iNSRADDL++SUBR' LTR) TYPE OF INSURANCE 1W.011ty�V fl � POLICY NUMBER POLICY EFF POLICY EXP +MMMD(YYYYI : iMMlDDlyYYYY LIMITS GENERAL LIABILITY❑ I EACH OCCURRENCE $ ;DAMAGE TO RENTED �COaIMERCIAL GENERAL LIABILITYI _PREMISES (Es occurrence) $ CLAIMS -MADE OCCUR; MED EXP (Any one person) $ �PERSONAL & ADV INJURY $ GENERAL AGGRFGATE ;$ I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S PR 1 POLICY JE Q it ( LOC AUTOMOBILE LIABILITY n( A V89 8573 A28 55F COMBINED SINGLE LIMIT 0112812013 07128/2013 IEa acadentl $ ANY AUTO I� :BODILY INJURY (Per person] !, $ 250,000 ALL OWNEO CX SCHEDULED BODILY INJURY (Per accident)) $ 500.000 �I AUTOS V$8 712$ D05 55D NON 1111412{312 04105!2013 i PROPERTY DAMAGE HIRED AUTOS N -OWNED AUTOS I iPeraccident) $ 100.000 $ ;... �.I ..-.-. B X UMBRELLA LtAB OCCUR (EACH OCCURRENCE $ 1,000,000 _----i 55LZ 829$ ti EXCESS LIAR .' ^ CLAIMS -MADE 1117712012 11/1712013 AGGREGATE $ 1,000,000 DEC) + RETENTIONS 1 $ WORKERS COMPENSATION WC STATU- OTH-� LIMITS : ER i AND EMPLOYERS' LIABILITY Y t N ANY PROPRIETORIPARTNERIEX.ECUTIVE E.L. EACH ACCIDENT $ OFFICErMEMBER EXCLUDED? [:]N I A (Mandatory In NH) E.L. DISEASE - EA EMPLOYED $ Ir yes. describe under D c .RIPTION (IF OPg(2ATIONS bolow E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (Attach ACORD ftlt, Additional Remarks Schedule, if more apace Is rertuired), CERTIFICATE HOLDER CANCELLATION CITY Y CSF SAN I�AIFAEL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 151560 ACCORDANCE WITH THE POLICY PROVISIONS, SAN RAFAEL, CA 94915 AU ORIZED REFRT T)� 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010 MAIM ['I;" �*�k�Wllllllfl] 4 1 1 INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3. d DATE OF MEETING: 1/22/2013 FROM: Rebecca Woodbury DEPARTMENT: City Manager DATE: 1/8/2013 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $73,200 WITH EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES tv-- Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL 1 AGENCY APPROVED AS TO FORM: AGENDA ITEM: City -Manager (signature) City Attorney (signature) 01911IF-Alas