Loading...
HomeMy WebLinkAboutCC Resolution 13609 (Hire Climate Corps Fellow)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 13609 A RESOLUTION APPROVING A CONTRACT WITH STRATEGIC ENERGY INNOVATIONS TO EMPLOY TWO CLIMATE CORPS BAY AREA INTERNS FOR SUSTAINABILITY PROGRAMS WHEREAS, on April 6, 2009 the City Council of the City of San Rafael adopted the San Rafael Climate Change Action Plan ("CCAP"), which incorporates programs to achieve reductions in community greenhouse gas emissions, including Programs LF11 adopting a Zero Waste Goal and Strategic Plan, Program LF13 encouraging the creation of programs to convert organic waste to energy, and Program CO2 to work with community organizations to promote sustainability efforts to residents and businesses; and WHEREAS, the City of San Rafael is the recipient of annual grant funds by the Marin County Household Hazardous and Solid Waste Joint Powers Authority ("Marin County HHW JPA"), including $61,132.47 in Fiscal Year 2013 to enact Zero Waste programs such as described in the City's CCAP; and WHEREAS, the City of San Rafael currently works with Sustainable Marin to promote the Resilient Neighborhoods residential sustainability program and wishes to expand the program to more residents; and WHEREAS, the City of San Rafael currently works with its refuse hauler, Marin Sanitary Service on outreach to local businesses regarding Zero Waste programs, and wishes to work with them to conduct outreach specific to participation in the commercial recycling and upcoming Food Waste to Energy programs; and WHEREAS, Strategic Energy Innovations provides highly skilled interns with college degrees in sustainability -related fields through the Climate Corps Bay Area ("CCBA") program, has a proven track record of providing valuable interns for similar work in other cities in the Bay Area for several years, and wishes to place two CCBA interns with the City of San Rafael between October 2013 and September 2014; and WHEREAS, the City of San Rafael wishes to employ the services of two CCBA interns in the Resilient Neighborhoods, commercial recycling, and Food Waste to Energy programs to help with public outreach, volunteer coordination, and greenhouse gas emissions tracking and reporting; and i WHEREAS, intern stipends of $19,500 plus $500 travel expenses per intern will be paid through the Marin County HHW JPA Grant Program and reimbursement by Marin Sanitary Service; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the contract with Bay Area Community Resources in the amount of $40,000 to engage two CCBA interns in our Sustainability Programs, and authorizes the City Manager to execute the contract and any documents related to the CCBA internship program in a form approved by the City Attorney. I, ESTHER BEIRNE, City 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 held on Monday, September 16, 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Esther Beirne, City Clerk AGREEMENT FOR CLIMATE CHANCE BAY AREA INTERNSHIP PROGRAM This Agreement is made and entered into this I!W day of 2013, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Strategic Energy Innovations, a California nonprofit corporation (hereinafter "CONTRACTOR" or "SEI"). RECITALS WHEREAS, the City of San Rafael's General Plan Program SU -10b calls for implementation of a Resilient Neighborhoods program to encourage household and lifestyle changes to reduce carbon emissions through effective education and peer group support; and WHEREAS. the CITY is the recipient of a grant from the Marin County Hazardous and Solid Waste JPA for implementation of the Resilient Neighborhoods Program and the Food Waste to Energy program; and WHEREAS, CONTRACTOR collaborates with public and nonprofit organizations in the San Francisco Bay Area to recruit, train, and place Climate Corps Bay Area Fellow's at public and nonprofit organizations, where they will assist in implementing greenhouse gas reduction programs. WHEREAS. the CITY desires to employ the services of two interns to solicit participation in and track progress of the Resilient Neighborhoods Program and Food Waste to Energy Prograni and CONTRACTOR has a proven track record of providing valuable interns for similar work, to other cities in the Bay Area for several years, 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's Sustainability Coordinator 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. Kif SC11eUer 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 thirty (30) business days of the substitution. Version 2-19-1 i 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties as outlined in Exhibit A. Scope of Work Proposal, attached hereto and incorporated herein by reference. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as outlined in Exhibit A. Scope of Work Proposal. attached hereto and incorporated herein by reference. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a total amount not to exceed $40,000, which consists of $19,500 per intern program match and $500 travel stipend per intern. Payment will be made upon receipt by PROJECT MANAGER of invoices submitted by CONTRACTOR twice per year, on or about November I , 2013 and March 1, 2014. 5. TERM OF AGRE EMEN'-F. The tert-n of this Agreement shall be for one year commencing October 1, 2013 and ending on September 3 ) 0. 2 014. 6. TERMINATION, A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) da, -ritten notice mailed or personally delivered to the other party. If this Agreement is terminated prior to Max; 1, 2014, CONTRACTOR shall reimburse CITY's match funds remaining unused at the date of termination. 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 under 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 joint property of CITY and CONTRACTOR. 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 under 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. to. INSURANCE. IIN. During the term of this Agreement. CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: I A commercial general liability insurance policy in the minimum amount of I one million ($1,000.000) dollars per occurrence for death, bodily injury, personal irliury, or property damage. An automobile liability owned. tion -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1.000,000) dollars per occurrence. I . - 'I 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 ariv claims arising Out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 10. A., shall also meet the following requirements: following insurance shall be primary with respect to any insurance or coverage -1 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. s. "Che 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. 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 this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liabilit-, insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-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 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. IL NONDISCRUNMENNA-HON . 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 Linder this Agreement. Z� 12. 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. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this 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: Cory Bytof Project Manager Citv of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR Kif Scheuer Project Director Strategic Energy Innovations 899 Northgate Drive, Suite 410 San Rafael. CA 94903 16. 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 ernployees 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. 17. 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 written 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& SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR tinder this Agreement, any monies which CONTRACTOR owes CITY tinder any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. 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 Linder 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. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this A . iveement, or arising out of the performance of this Agreement, inav recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. -1) 1. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY C� 6 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'). 22. 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 NANCY MA('KLE, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEINT,,City Attbrney I CONTRACTOR Name: Title:Z); --e Exhibit A Scope of Work Proposal for Strategic Energy Innovations and City of San Rafael October 1, 20t3 — September 30, 2014 SUBJECT: Climate Corps Bay Area ARTICLE I — BACKGROUND AND OBJECTIVES SEI is collaborating with public, non-profit, and for-profit organizations in the San Francisco Bay Area to recruit, train, and place Fellows with Host Agencies where they will be provided with experiential learning opportunities as they assist in implementing climate change resiliency programs. The Fellows" term of service is from October 1, 2013 to September 30, 2014. While participating in Climate Corps Bay Area, Fellows will complete 1700 hours. During their term of service, Fellows will implement programs that provide significant professional development experience through the implementation of climate resiliency projects. Fellows will devote approximately 80% of their time to experiential learning activities., and LIP to 20%' of their time to specific training (both with their Host Agency and with CCBA staff). If a Fellow is unable to complete their full 1700 hours by; July 3 ) I st due to any unforeseen circumstances during their term they may, at the discretion of SEI and the agency, be allowed time to complete their hours at the agency, or at another approved agency where there are service opportunities available. The mission of Climate Corps Bay Area is to deliver a 10 -month Fellowship program that provides professional development opportunities for emerging climate protection leaders through implementation of climate change resiliency projects with local governments, non -profits and for-profit businesses. CCBA Fellows, • Receive unparalleled experiential learning opportunities through placements with regional climate protection leaders. See first hand how to address climate change by, implementing assessment, education, and mitigation projects that have measurable benefits. Build critical real-world project management skills as they measure., track, and report outcomes to community partners. Fellows participate in a coniprehetisi\,e training program that gives an overview of climate change issues, strategies for tackling climate change and approaches to building community resiliency in California. The Parties will work in partnership to promote the mission, and its benefits to the Project and community at large. ARTICLE 11— STATEMENT' OF PROJECT ACTIVITIES Though Climate Corps Ba�, --\.i-ea, SEI agrees to: Z_ I • Recruit and assist in selection of a CCBA FelloNN for a commitment of 1700 hours over a period of 10 months, Exhibit A • Train and support Fellow with a comprehensive training program that includes a training manual, a multi -day orientation led by an array of experts, monthly trainings, a mid -year 2 -day retreat, and two Professional Development Assessment reviews. • Work with the Host Agency to develop a specific Fellowship Scope for specific Host Agency initiatives that aligns with CUBA goals and defines the Training Plan for the Fellow. • Provide assistance in defining and developing metrics for the Fellow to measure and track the progress of project activities throughout their Fellowship. • Provide monthly follow-ups to review progress with Site Supervisor and Fellows. • Define and implement any corrections to Fellow's plan determined to be necessary based on feedback collected from Fellow and Host Agency. Host Agency agrees to: • Take part in the recruitment and interview process to identity a Fellow best fitted for the speicifie projects' needs. • Provide one to three specific climate resiliency initiatives that their Fellow can work on during their term of service. o Initiatives must be well-defined, approved for implementation and include specific learning objectives. Host Agency will work with SEI to finalize a mutually agreed-upon Fellowship Scope no later than 1 month after the Fellow arrives on site. • Assign a Site Supervisor who will be available to meet at least weekly with the Fellow for one-on-one project meeting time, coordinate other neccesary staff supervision needed for successful implementation of the Fellowship Scope, gather and report on in-kind supervisory hours (at least 1511month) across all relevant staff within the organization with Fellow. • Support Fellow- to complete monthly reporting to SEI indicating whether progress is being made on the initiatives. • Provide feedback on Program and Fellow effectiveness * two times a year, fill out and submit a Professional Development Assessment to provide feedback on Fellow activities * Participate in program wide -conference calls to discuss program progress Respond to Host Agency feedback surveys as requested • Attend or send a representative to Partner Orientation. • Only hire Fellow to work part-time in program or service area unrelated to SEI community service programs; Agency may not hire the Fellow for like projects until and unless Fellow completes his/her entire program year of service. • Refrain from using the Fellow for displacement of a host agency employee. • Allots: SEI to share results from this program through grant reporting and other means as SEI deems appropriate. * Provide pro(_,ram-wide support through either Delivery of at least I all -da) training event for all Fellows or Participation in an advisorycommitteequarterly for 2 hours. co CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDDIYYYY) .e 1 8/30/2013 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(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). CONTACT PRODUCER I NAME: Denise J. Billings Anixter & Oser, Inc. (Q(f 19 F,,, (415) 898-1600 I INC. No): (415)898-3922 License OE28888 ADDRESS:denise@properlyinsured.com 205 San Marin Drive I INSURER(S) AFFORDING COVERAGE NAIC k Novato CA 94945-1227 INSURERA:Travelers Insurance Co INSURED INSURERB:Travelers Indemnity Co of Ill 125674 Strategic Energy Innovations wsURERC:Lloyds of London 1 899 Northgate Dr INSURER 0: i Ste 410 INSURER E: i San Rafael CA 94903 INSURER F: I COVERAGES CERTIFICATE NUMBER:CL1361107993 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 I POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYYI IMM/DD/YYYYI GENERAL LIABILITY EACH OCCURRENCE I S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I PREMISES tEa occurrence, S 100,000 A CLAIMSMADE{ X 1 OCCUR X 660435X121A 6/12/2013 6/12/2014 I MED EXP (Any one person) $ 5,000 1 PERSONAL & ADV INJURY $ 1,000,000 f GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ 2,000,000 hGEI'L RO LOC POLICY F PjFrT $ AUTOMOBILE LIABILITY ` COMBINED SINGLE LIMIT f (Ea acadent) { S 1,000,000 ANY AUTO ! I BODILY !NJURY (Per person)$ A 7 --'ALL OWNED SCHEDULiED 660435X121A 16/12/2013 6/12/2014 I BODILY INJURY tPeraccident; S AUTOS 4UTOS ! X X NON -OWNED X HIRED AUTOS I X AUTOS PROPERTY DAMAGE $ I (Peracadent) I i$ -IUMBRELLA LIAB —i OCCUR I i { EACH OCCURRENCE $ F EXCESS LIAB CLAIMS -MADE{ 1 AGGREGATE $ (DED' I I RETENT+ON3 1 i $ B WORKERS COMPENSATION I; WC STATU- LOTH -I { X I I AND EMPLOYERS' LIABILITY YIN; ANY PROPPiETOR/PARTNER/EXECUT. iVEj f I TORY LIMITS ER I I E L EAC;+ACCi DE NT 1 S 1,000,000 ^FFiCER+MEM6ER N I A EXCLUDED' { (Mandatory in NH) — 17809558201 '1/1/2013 1/1/2014 1 E L DISEASE - EA EMPLOYE S 1,000,000 If yes. describe under DESCRIPTICN OF OPERATIONS below 1,I I E L DISEASE -POLICY LIMIT 1 $ 1,000,000 C iErrors & Omissions 400-53-0196-2013 474/2013 j4/4/2014 f Each .& Every Do, $1,000,000 i Professional Liability IAggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space is required) City of San Rafael, its officers, agents, employees, and volunteers are named as additional insured per form CG D4 43 07 08. CERTIFICATE HOLDER cory.bytof@cityofsanrafael City of San Rafael Attn: Cory Bytof, Project Manager P.O. Box 151560 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 San Rafael, CA 94915-1560 V I Weidauer/NESSAJ" ,.•ac ".� .Cv '>-�L'ci-""c' <.s `_ ACORD 25 (2010/05) c 1988-2010 ACORD CORPORATION. All rights reserved. IN_i025+a+i'r,: 51:1- Thu ®(" non —nn. unrl Innn m Lr of Arnpn EM COMP.,IERCIAL GENERAL LIABILITY This endorsement niodilies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage However coverage for any ;11 i jury, damage o, medical expenses described in any of the provisions of this endorsernent may be excluded or limited by another endorsement to this Coverage Part, and these coverage hroadening provisions do not apply to the extent that coverage is excluded or firnifted by such an endoisernent, The following listing is a general cover- age description drily. Uri'ationsand exclusions fraycoverages. apply to these coveges. Read all the provisions of this en- dorservent and the rest o, your policy cWelWly to determine tights_ duties, and what is and is riot covered, X Not -For -Profit Invitee Property Damage F, Blanket Additional insured - Motigagees, Legal Liability Assignees, Successors Or Receivers 8, Special Event Prernitim Rating G. Blankel Additional trisureki - States Or Political C Special Event Designated Prodl,MtS Subdivis.trns - Permits Relating To Premises 0. Malicious Prosecution - Exception To H. Blanket Additional !nsured - States Or Pokcal Knowing Violation Of Rights Of Another Subdivisions - Permits Relating To Operations Exclusion IT, Blanket Additional Insured - Persons Or E. Who Is An insured - Your Uabifity For OrgaoizaTions Wme're Requited By Written Con - Your Conduct Of tonna rned Partnership tract Or Agreempot Or ".0int VOnr U(e - "EXCk-SS Basis, WWWRIMM A. NOT-FOR-PROFIT INVITEE PROPERTY DAM- (Ii) Rupture or bursting due 'o expansion or `l�ng of t, ", AGE LEGAL LIABILITY s%,,el � i o� contents of any building or 1. The following is added zo Exclusion j., Dann- structure, caused by or resulting from wa- age To Property, in Paragraph 2. of SEC- ter; 0" TION I - COVERAGES - COVERAGE A (M)Expicsion of any slearn bolter, steam BODILY INJURY AND PROPERTY DAM- pipe, steam engine, or stearn turbine. AGE LIABILITY: 2, The following is added to SECTION III - LIM- Paragraph (4) ot th;s exciusion does not apply ITS OF INSURANCE to, ';not-for-orofit invitee property damiaqe' Subjec� to Pa.,',agraph 5, above, the most we caused by fife: explostor,: lightning, -sm,,)ke, will pay under Coverage A tor the sum of all resulting 11'rorr, such fi.e explosion, or light- dairages bw,;ause of 'not-for-profft proper -N, nmg' water: of vandalism or malicious mil- darnacte' siistained by all `not-ior_woflt invit- ees" s (a) 00, priz_M;&E,S t1DU CiWrl 0" refs} O, rail 'Rak,," 1 T�hs fattov,,,ingapp added to the DEFINITIONS next to vou o,xfi c,, rent, and sectian: (b) Sleca.,use clyour opiatio)s, This except'on dc(:s not apply ,o "nol-for- a, tn6udes anv of your cllerts, customers, p,c,fv property damaaa47' ca' ;std by: gues's. ;1'e patron"', supoorte's (I) Rupture, bursting, or opera#Ton of any and `v,,'i;unteer workers'. pressure CG D4 43 07 08 C 2rl Thv,, Cnrnnr, Page I of C0110MERCiAL GENERAL LIABILITY b. Does not include any person Who is you,' .employee", "temporary worker" or 'inde- pendent contractor" 'Nol-to,-protit invitee property dafrage" enearis "properS/ damn .,iqe' to personw prop_ ert,; ovvned or rented by a 'not-for-profit in- vitee', other than any of the folio Ping prop- el -,Y: a. Accounts, bil'�s, cunrency,, deeds money, notes, securities or debt instroments; 15. klechanicai drawings, blueprints, docu- ments. reccrds, manuscripts or valuabie papers; or c, Contraband or oqier property in, n the course of illegal transcortation or trade B. SPECIAL EVENT PREMIUM RATING The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Special Event Premium Rating si. The Wt-For-Proht Entity Amendatory Er, dorsement rnciudos Ihe fril"Jnq-- (1) All tndoor event; with iess than 1000 at- .endees and shorter than, 24 hours in du- miCr� and (2) All outdoo, orents w4h less than 500 at, 'eridees and shortep, than ')4 hours ;r Ou- , , 0 af4cn. b, The follow mig events MU bp rweo separa4&tiy ,or additional prernium� (1) Any event rhat exceeds the attencees or doralion descnbwJ iT;l a.(I) or a,(2) abcve� (21) Any parado. iai, cr �rarnival; o, (3) Any atNPiic, -sporliny or vlo*-_,o vphze evt,ml includng valks, rlins, lournartleWS, Idemonstrafiorts. rall.es nc corr''petitive 'v, C, SPECIAL EVENT DESIGNATED PRODUCTS 1, Thi e totiowing 's added to the do�Wriiiorl 01 In , bc,-. DEFINITION$ !rcwdes al `bcdily it-'�ury*.v,,c 'properi,,), daii-i- age' a,' yol.41­des�ojnaled on prem!ses y-ou 11Ain or real, on Premises jied by vou !or a specna� eAen� e�aled yov, business, or or, the w�ziys next fQl su,_,r" pre.rrsisas YOU D'All', %r 'exit. Or TiSe TO sp-sria! even',. Fli,qQ, 2 cul .4 2. The following is added to the DEFINTIONS Section: "Designated products" means apparel but- tons, CDs, DVDs, tapes, posters, stickers ,wand ulhe= similar products used to promote a spe- cW event related to your business. D. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. -it SECTION I — COVERAGES — COVERAGE B PERSONAL AND ADVERTISING INJURY: This exclusion does riot apply to "personal injury` caused by malicious prosecuiton. E. WHO IS AN INSURED — YOUR LIABILITY FOR YOUR CONDUCT OF UNNAMED PARTNER- SHIP OR JOINT VENTURE (EXCESS BASIS) 1 The follo,.4ving replaces thud last paragraph of SECTION 11 — WHO IS AN INSURED: I oio person or organization is an insured v;rth respect to the coriduct cl any cuoent of, pari partnership, pint venture, firrilted liability COMpany or "rust that is not shown as a Named Insured in the Declarations. This sub- paragraph does riot, apply to yout fiab0i�/,,*40 respect to YOLH` C0111CIUCI of the bussness of any civrent ow past partnership or jorit vein- lurethat is not. as a Narneo in.-,ure I" it, the Common Policy Declaations 20 The fc,Iowina is added to Paragraph 4.b., Ex- cess Insurance. o' SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over, any valid '.and collectible ottier insurance, whether primary, ,l,x',,ess, contingent or on any other basis, which is avair able to You for your liabilati wi.h 'espe_cl ICD you", conduct of the business of iny cuirrenl or past partnership or :io!nt %,en• wfe th"11 is flog sho,,�,,n as a NarrieC insured lit t'le Gnmmcr, Fo;iCV E.Dectarations 'and wNcil 's Ga"'h m—tileishic Ot F, BLANKET ADDITIONAL INSURED - MORT- GAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The fokmng as added to SECTION It — WHO IS AN INSURED: 4clv pefson o, Dr� aiticr that is a mortgapee, r, r7 assigne-._ sucre-3sor Qr and, that you CG D4 43 07 08 have agreed in a written) contract or ag;,oen-,ent to include as an additional insured on this Coverage Part is an insured. but only with respect io as ii- ab;'hty as mongagee, assignee, successor or re- ceiver for "bodily injury', 'property damage", "per- sonal irijury' or "advenslirig injuiry' thal� a, is 'bodfiv injury`" or 'property darrage' rbal occurs. or is 'Dersonal injury" or "advertising injure'" caused by an offense committed, after you have signed and executed that contract or agreement and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagae,, assignee, successor or receYver is: required under that contract or agreernent to be 'n - eluded as an additional insured on this Cov- erage Pa rl . The i.r1sumace povided 1,o such rnor',gagee, as- s�c ^o the ria �gnee, successor or receiver �s subject io%vinq provisions; (1) The 4mits of insurance prov;dfpc so such rnc'!gaqee, assignee, successor or receiver wili be the limits which you agreed 10 provide in the writtem contract or agreer`iie0l, or !lie hint is shown iin the Declarations for this Cov A -rage Part, wN'chever are less-, ar�d' (2) Coverage under this provsiori does nal apotv (a) Ary 'bodily iniury' or "p,,operty dar—ra,,",:e" tb,it occurs, cr arr; "personi,' iniury' o( �arjvertisinc injuiy` caused by an nffem�e committed, after such contfati or agree- nent is no ionger :n effect; 0, (b) Any "bodily injury", "proper,), clawage", Ipersonai ;injury' or `,advorti:3ina injury" a:vsing out of any sltructui,ai atierations new construction of ripmolition c,peraiirins perforrried by or 0,1 teh-alf 1,,` F>ufll, gagee, assignee, successor or receiver GBLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS RELATING TO PREMISES Tr,,L4 rf,Ilcming is added to SECTION 11 — WHO IS AN INSURED: Aniv Vats t- pots itical sutidivlscn iN�-tl has :ssoed a. Petri,# in coniect,,cnv,4th prertises ovined or oc- CUPK)d by o, rented or maned io, yoo i,-, ar, in- sure& but cr'ty M!'�, lespect "C' for `bodily ini,iry', 'r-,roperty darriage", �ppr^>t na2 ini,ify" or nlufy, arising Cut of 'he exts,ei-ce_ COMMERCIAL GENERAL LIABILITY ovinership, use, maintenance, repair, construc- tion, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, rnanholes, marquees, hoist away, openings, sidewalk vaults, elevators, street ban- ners or decorations for which that state or political subdivision has issued such permit. H. BLANKET ADDITIONAL INSURED — STATES 08 POLITICAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to SECTION 11 — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you o., on your behalf is an insured, but ,only with respect to liability for "bodily injury", "oroperty damage", 'personal injury" or "advertising injur,/' arising owl of such operations. Coverace under thl's provision does not applio, to: 1. Any 'bodily injury", "property damage", "per- sonai injury" or 'advertising injury" arising out of operations performed for that stale or po- iiticalsubdivision; o,, 2. Any 'bodily irkiry' or "property damage' in- cluded in the "products — completed opera- tions hazard'. I^ BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Trie fo)lo,,mng is added to SECTION It — WHO IS AN INSURED: Any person of organ.,Za4iorl that you have agreed i4 ra Wd4erl conlra"'I Or agrEement to include a�. an additional insurerf or, this Coverage Part is an lnsurer1 but 011ly vAtti resoect to Pability for "bodik,, r'ilury" or'property dairage" that. 1. Occurs after you have signed and exeutite:,J a that cent -act -)r agreement; and 2. Is caused, it,, whf,,ie or in oat. b,e our acts c, in the perforrnan,,,44c,' vour fri- ns lo wl'ch the 'u rillet# clntracl or agreerlen! appi�s, or t` e acts Of ITTT;$"ons Of any person or c,trgaoizal,c.r, pe�lc,,rririiig such GPorations un yciw bWia!f. Thf,., ln3urance provided tri such person Dr organ - 7AIion where reouired by wrillen ceirairact or agreerrent's subject to the foliowing pfovisions, (1) The iim,,ts of insixrance provided tt.11 tiuih in- sured vj6i be the limits which you agreed '`o CG D4 43 07 08 .'.e `f",g '1h 3 noc ",".age 3 of df COMMERCIAL GENERAL LIABILITY provide in the wiiVen contract or agteement, or the Omits shown in the Declarations for this Coverage Part,, whichever are Iess; (2) if such insured is art architect, engineer or surveyor, the insurance provided to sucri in- sured does not apply to "bodily injury' or 1pYoperty damage' ansing Out 06' such in- sured's providing or failing to provide any pro- fessionai services, includirfg� (a) The preparing, approving or iailinq to plepare tar approve, ruaps. shop diaw- ings. opinions, reports, surveys, lied or- ders or change orders, or the prepar9ng approving or failing to prepare or ap- prove, drawings and specifications; and (b) Supervisory or inspection activities per- formed as part of, any related architectural or engineering activities; and (3) CoveragO Under ths provision does not apply to: (a) Any person or organization that has been added as an additional insured by a!- tachment of an endorsement under this Coverage Pad which names such person or organization in the endorsement's schedule; (b) Any person or oraanization who distrib- utes or sells "your product" in the regular Course of tsar. person's or organizmon's business; or (c) Any person a,, organizalaon from whom You have acquired "your product', or arty ingredient of, or that contains, "your prod- twti, ,r'3,,, 4 ,f e 1`1, t­av,:!e;S Cor ""c GG 04 43 07 08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The `bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aureements/con tracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date I City Attorney Review, revise. and comment on draft 2 Contracting Department agreement. Forward final agreement to contractor for their signature. Obtain at least two signed I I originals from contractor. i 3 11 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve forn-i of agreement, bonds, and insurance certificates and endorsements,j�.j 5 Cit Nlanaocr Mayor or Agreement executed by (�'ounlcil authorized Department Head official. 1-6 City Clerk City Clerk attests signatures, retains original agreement and tbrkvards copies to the 1 contracting department. To be completed by Contracting Department: Project Manager: Cory 13ytolf Project Name: CCB A. -Agreement Agendized for City Council Meeting of (if necessary): September 169 2013 1 If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council, approval is required if contract is over $20,000 on a cumulative basis, CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM 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.c DATE OF MEETING: September 16, 2013 FROM: Cory Bvtof DEPARTMENT: Citv Manaqer DATE: Auqust 30, 2013 TITLE OF DOCUMENT: A RESOLUTION APPROVING A CONTRACT WITH STRATEGIC ENERGY INNOVATIONS TO EMPLOY TWO CLIMATE CORPS BAY AREA INTERNS FOR SUSTAINABILITY PROGRAMS Depaltrhent Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED 20Tre�c APPROVED AS TO FORM: City Attorney (signature)