HomeMy WebLinkAboutCC Resolution 11187 (Ergonomic Injury Prevention)RESOLUTION NO. 111 g7
RESOLUTION AUTHORIZING THE SIGNING
OF AN AGREEMENT WITH PRECARE, INC. FOR ON-SITE
ERGONOMIC INJURY PREVENTION & TREATMENT SERVICES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR is authorized to execute, on behalf of the City of San Rafael, an Agreement
with PreCare, Inc. for on-site ergonomic injury prevention and treatment services.
I, JEANNE M. LEONCINI, 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 on Monday, the 215` day of October, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miller
JE&N'TE4M4_'LEO'NC*1NI, City Clerk
AGREEMENT FOR INJURY PREVENTION & PHYSICAL THERAPY SERVICES
This Agreement is made and entered into this 21 s t day of October, 2002, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY") and PRECARE, INC., (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR provides services for coordinating, training and placing physical
and occupational therapists onsite to provide ergonomic injury prevention and rehabilitation
treatment for employees; and
WHEREAS, the CITY wishes to use certain of these services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
DUTIES OF CONTRACTOR.
At the CITY's request, CONTRACTOR shall perform the duties and provide services as
identified in Exhibit "A", attached and incorporated herein.
2. DUTIES OF CITY.
CITY shall provide CONTRACTOR with sufficient onsite space as necessary for
CONTRACTOR to perform its services.
For the duties performed and the services provided by CONTRACTOR, CITY shall pay
CONTRACTOR in accordance with the fee schedule as provided in Exhibit `B", attached
and incorporated herein.
3. TERM OF AGREEMENT.
The term of this Agreement shall commence on November 1, 2002 and shall continue
month-to-month until terminated by either party by giving thirty (30) days written notice.
4. COMPENSATION.
CONTRACTOR shall bill the City's Third -Party Administrator for workers' compensation
for the services rendered in accordance with the terms set forth in Exhibit B. Invoices from
CONTRACTOR shall be paid in accordance with the established legal requirements for
payment of invoices in the workers' compensation system.
CONTRACTOR may change rates for services only with the prior written consent of the
CITY.
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5. CONFIDENTIALITY.
Neither party will disclose any confidential information of the other party without the
express written consent of the other party.
6. NO GUARANTEE OR WARRANTY.
CONTRACTOR will use its best professional skills in performing its services but does not
guarantee or warrant any results.
7. 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. As an independent contractor,
CONTRACTOR retains the right to direct and control the means, manner and methods by
which it performs services under this Agreement.
8. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum amount
of one million ($1,000,000) dollars per occurrence for death, bodily injury,
personal injury, or property damage;
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per
occurrence;
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 of services under
this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 8. 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
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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, and
employees as additionally named insureds under the policies;
4. CONTRACTOR shall provide to the City's Risk Manager (a) Certificates
of Insurance evidencing the insurance coverage required herein, and (b)
specific endorsements naming CITY, its officers, agents and employees, as
additional 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 this Agreement;
8. The insurance shall be approved as to form and sufficiency by the City's
Risk Manager and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain workers' compensation
and employer's liability 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 fees and defense expenses.
9. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers,
agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability
or expense of any kind, including attorney's fees and administrative costs, 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.
3
10. ASSIGNMENT.
Neither party may assign any portion of this Agreement without the prior written consent of
the other party.
11. 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: Sharon E. Andrus
Risk Manager
City of San Rafael
POB 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Sara Craig, President
PreCare, Inc.
POB 315
Sonoma, CA 95476
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. ENTIRE AGREEMENT -- AMENDMENTS.
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. The terms and conditions of this Agreement
shall not be altered or modified except by a written amendment to this Agreement signed by
a]
the parties.
15. 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.
16. COSTS AND ATTORNEY 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 fees expended in connection with such
action.
17. 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. CONTRACTOR's
taxpayer identification number is 91-2075626, and CONTRACTOR certifies under penalty
of perjury that said taxpayer identification number is correct.
18. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and
year first above written.
CITY OF SAN RAFAEL
ALBEIT J. BvMayor
ATTEST:
JE NNE M. LEONCINI, City Clerk
APPROVED
CLARK E.
(YAa
Attorney
6
PRECARE, INC.
SARA CRAIG, Presidert__)
Exhibit A
On Site Services
EMonomic Job Analysis
PreCare Ergonomic Job Analysis is a comprehensive evaluation of a job(s) encompassing
objective observation, measurements and documentation identifying workplace physical
demands, tasks, and risk factors. Essential job functions are identified, assisting the employer to
be in compliance with the ADA and recommendations are made to eliminate risks of injury.
Analysis is offered for individual employees or job positions. A Functional Ergonomic Job
Analysis report is provided to the employer, which details risk factors and recommended
solutions.
Education and Training Series
Ergonomic Management
PreCare Ergonomic Management focuses on educating upper and middle management on the
economic importance of top down support of a proactive ergonomics program. Management is
taught the value of integrating ergonomics into the workplace and the positive effect to the
bottom line. Communication, understanding, and integration into corporate policy and procedure
are all discussed. (Time: 1 Hour)
Ergonomics for Suuervisors
PreCare Ergonomics for Supervisors emphasizes identification of ergonomic risk factors and
different control options available. Supervisors are provided with the knowledge and tools to be
leaders in preventing ergonomic injuries in the workplace and are taught how to encourage an
ergonomic work ethic. The supervisors are taught how to become the experts within the work
environment for their particular departments. (Time: 4 Hours)
Ergonomic Team Training
PreCare Ergonomic Committee Training helps employers develop or refine an ergonomic team
within the company to identify risk factors, develop and implement functional solutions. The
Ergonomic Committee is educated on different control options and the importance of involving
employees in the solution process. The Ergonomic Committee allows the employer to have a
group of in-house experts from all departments and all shifts, which can drive sustainable
ergonomic results. (Time: 4 Hours)
Emplovee Training
PreCare Employee Training focuses on educating the employee in injury prevention and
solutions. Employees are taught basic anatomy, safe postures, common risk factors, and proper
body mechanics. The trainings are focused to teach employees how to reduce risk factors and
work smarter. Specific customized employee training modules are listed below: (Time: 2 Hours)
■ Low Back Injury Prevention
■ Upper Extremity Injury Prevention
■ Office Ergonomics
Work -N -Stretch
PreCare Work -N -Stretch designs customized stretches for different physical demands of a
job(s). Structured routines of brief effective work stretches and recovery periods counterbalance
and offset repetitive motions, heavy forces, and awkward postures. The employees are able to
apply self -responsibility to prevention of musculoskeletal injuries.
Pre -Placement Screening
PreCare Pre -Placement Screenings are developed and performed to determine if an individual is
able to perform the physical requirements of a job. The Pre -Placement Screening is in
compliance with the ADA. The employer is able to make non-discriminatory hiring decisions
based upon the screening mirroring the essential functions of the job.
Earlv Intervention Svmptom Screenings,
PreCare Early Intervention Symptom Screenings address early signs and symptoms of potential
Musculoskeletal Disorders in the workplace. Employees are encouraged to see the PreCare
therapist at the first signs of discomfort. The therapist will screen the signs and symptoms,
educate the employee to avoid recurrence and make recommendations for soft tissue first aid.
By reporting problems early, employers avoid lost time and minimize cost.
X Rehabilitation Therauv at Work
PreCare Rehabilitation Therapy at Work is functionally based and outcome oriented. Therapy
focuses on keeping the employee in meaningful work with an emphasis on timely and safe return
to full duty.
Transitional Dutv Development
PreCare Transitional Duty assists the employer in developing progressive phases of transitional
modified job duties for injured employees. The duties are designed and documented for
coordinating medical work releases with functional job tasks. Duties are developed by job
positions or on a case-by-case basis.
XInternal Case Communication
PkCare Internal Case Communication coordinates regular communication with the case
manager, physician, payer, and any other ancillary providers. The Internal Communication
system expedites return to full duty by communicating the injured employee's progress and
anticipated return to full duty.
23>lzibit B
Fee Schedule
Iniury Prevention Services
1. Early Intervention Symptom Screenings: $65.00 per screen
2. Ergonomic Job Analysis: $165.00 per hour
Education and Training Series:
a. Ergonomic Management:
Time: 1 hour
Cost: $300
Number of Attendees: 1-10 Managers
b. Ergonomics for Supervisors:
Time: 4 hours
Cost: $1200.00
Number of Attendees: 1-15 Supervisors
c. Ergonomic Team Training:
Time: 4 hours
Cost: $1200.00 per class
Number of Attendees: 1-15 Employees
d. Employee Training: (Low Back, Upper Extremity, Office Ergonomics)
Time: 2 hours each class
Cost: $600 per class
Number of Attendee: 1-20 Employees
4. Work -N -Stretch development and implementation: $165.00 per hour
5. Pre -Placement Screenings:
a. Development: $165.00 per hour
b. Screenings: $65.00 per screen
6. Transitional Duty Development: $165.00 per hour
Iniury Treatment Services:
1. Onsite Physical Therapy: $90.00 per treatment session
2. Internal Case Communication: No charge
,AAGORDL CERTIFICATE OF LIABILITY INSURANCE iMoosz
PROMMER (310)827-5050 FAX (310)827-6060
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Jaffe Insurance Agency
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
13160 Mindanao, Way #204
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Marina del Rey, CA 90292
.Daren O'Neill
I INSURERS AFFORDING COVERAGE
-INSURED PreCare, Inc.
INSURER A: Illinois Union Insurance Co
P O Box 315
' INSURER 9: Philadelphia Indetmni ty Ins Cos
Sonoma, CA 95476
I INSURER C:
11 INSURER D
IINSURERE: - --- —
'COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
CLAIMS.
LTR R TYPE OF INSURANCE POLICY NUMBER
)GL104159
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/ wyn DATE (M I
UMIT'S
I
GENERAL LIAMUTY
11/02/2001 11/02M
EACH OCCURRENCE
15 1, 000, 000
COMMERCIAL GENERAL LIABILITY
_:=1 CLAIMS MADE Q OCCUR
A X Errors & Omissions
GEN'LAGGREGATE LIMIT APPLIES PER-
JECT
POLICY n PRO -
AUTOMOBILE
F-]
'LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY —
ANY AUTO
EXCESS UABIUTY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Directors &Officers PHSD024407 03/01/2002 03/01/2003
S
UESCRIPTTON OF OPERATIONSILOCATIONSIVE)gICLEMCLUSIONS ADDED By ENDORSEMENTISPECIAL PROVISIONS
FIRE DAMAGE (Any ono fire)
MED EXP (Any ora pwr w)
PERSONAL B ADV INJURY
GENERAL AGGREGATE
PRO DUCTS-COMPIOPAGG
JCOM21NZO SINGLE LIMIT
(Ea acaidant)
BODILY INJURY
(P_ P�--�)
BODILY INJURY
(Px mccidw-A)
PROPERTY DAMAGE
(Per accident)
S
S
IAUTOONLY-EAACCIDENT S
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AUTO ONLY. AGGI o
EACH OCCURRENCE S
AGGREGATE S
S
S
S
VVU TORY LIMIUT3 I �OER
I E.L. EACH ACCIDENT S
E.L. DISEASE - EA EMPLOYEE S
EL. DISEASE -POLICY LIMIT $
$1,000,000 Aggregate
$1,000,000 Each Occurrence
$25,000 Deductible Each Claim
-ertificate Holder Is Additional Insured as respects to the work performed by the insured
-10 days notice of cancellation for non-payment
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DFSCWBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City Of San Raphael _'30 UAY5 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Sharon Andrus -Risk Manager BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABRM
P.O. BOX 151560 OF ANY KIND UPON THU COMPA GENTS OR REPRESENTATIVES.
San Raphael, CA AUTHORIZED REPRESENTATIVI':
Judy Claman-Fantasia Xr
COR CORPd TION 1988
AGORD 25•8 (7197) 8A
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OCT, 16. 2002 4:39PM
NO, 9143 P. 212
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPRNSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
OCTOBER 16, 2002 GROUP:
POLICY NUMBER: 1674117-2001
CERTIFICATE ID: 4
CERTIFICATE EXPIRES: 11-21-2002
11-21-2001/11-21-2002
CITY OF SAN RAPHAEL
ATTN: SHARON ANDRUS
PO BOX 151560
SAN RAPHAEL CA 94915
This Is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to Its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance 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.
AUTHORIMI) REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABYLITY LIMIT XNCLUDING DEFENSE COSTS! $1,000,000 PER OCCURRENCE
EMPLOYER
PRE CARE INC
508 EAST NAPA ST
SONOMA CA 95476
SCIF 10265 fEPF•111: LY 1
ACORDTM, I CERTIFICATE OF INSURANCE I ISSUE DATE
10/17/2002
PRODUCER I This certificate is issued as a matter of information only and confers no rights
AON RISK SERVICES, INC. OF NEW YORK upon the Certificate Holder. This Certificate does not amend, extend or alter the
685 THIRD AVE coverage afforded by the policies below.
7TH FLOOR COMPANIES AFFORDING COVERAGE
NEW YORK, NY 10017-4024
INSURED
ADMINISTAFF COMPANIES, INC.
19001 CRESCENT SPRINGS DRIVE
KINGWOOD, TX 77339
SEE BELOW
Company Lumbermens Mutual Casualty Co
A
Company
B
Company
C
Company
D
Company
E
This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding
any requirement, term or condition of 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, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims.
CO TYPE OF INSURANCE POLICY NUMBER
EFFECTIVE
LIMITS OF LIABILITY
LT
EXPIRATION
GENERAL LIABILITY
EACH OCCURRENCE
❑ Commercial General Liability
FIRE DAMAGE
EI Claims Made El Occurrence
MEDICAL EXPENSE
❑ Owners' and Contractors' Protection
❑
PERS. AND ADVERTISING INJURY
❑
1 GENERAL AGGREGATE
General Aggregate Limit applies per:
PRODUCTS AND COMP. OPER. AGG.
❑ Policy ❑ Project ❑ Location
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
J
J
❑ Any Automobile
BODILY INJURY (Per person)
I
❑ All Owned Automobiles
Ell Scheduled Automobiles
BODILY INJURY (Per accident)
❑ Hired Automobiles
PROPERTY DAMAGE (Per accident)
❑ Non -owned Automobiles
COMPREHENSIVE
❑
COLLISION 1
A WORKERS' COMPENSATION 5BA 176165-00
10/01/2002 WC Statutory Limit I x I Other
AND EMPLOYERS' LIABILITY
10/01/2003 EL EACH ACCIDENT Is 1,000,000
EL DISEASE (Each employee) $ 1,000,000 l
EL DISEASE (Policy Limit) $ 1,000,0001
EXCESS LIABILITY
EACH OCCURRENCE
❑ Occurrence []Claims Made
J AGGREGATE I I
" PRECARE INC. (1203400) IS COVERED THROUGH BLANKET ALTERNATE EMPLOYERS ENDORSEMENT FOR ALL EMPLOYEES UNDER CLIENT
SERVICE AGREEMENT.
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE INSURER WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Authorized Representative
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
}
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Certificate ID # 7DUWCHPZ j