HomeMy WebLinkAboutPD Management & Administrative ServicesREGIONAL GOVERNMENT SERVICES Business: 650i587-7300
LOCAL GOVERNMENT SERVICES Fax: 650,'587-7311
Prouder s g Solutions To California Publt cci A � _
� Email: RAvcrcttfiPrgs.ca.gov
PO Box 1350 PO Box 1077
Carmel Valley, CA 93924 Camarillo, CA 93011-1077
AGREEMENT FOR MANAGEMENT AND ADMINISTRATIVE SERVICES
This Agreement for Management Services ("Agreement") is made and entered into as of the 1st
day of January 2009, by and between the City of San Rafael, a municipal agency ("CITY"), and
Regional Government Services Authority (RGS), a joint powers authority, (each individually a
"Party" and, collectively, the "Parties").
RECITALS
THIS AGREEMENT is entered into with reference to the following facts and circumstances:
A. That CITY desires to engage RGS to render certain services to CITY;
B. That RGS is a management and administrative services provider and is qualified to
provide such services to CITY; and
C. That CITY has elected to engage the services of RGS upon the terms and conditions as
hereinafter set forth.
TERMS AND CONDITIONS
Section 1. Services. The services to be performed by RGS under this Agreement shall
include those services set forth in Exhibit A, which is by this reference
incorporated herein and made a part hereof as though it were fully set forth
herein.
Where in conflict, the terms of this Agreement supersede and prevail over any
terms set forth in Exhibit A.
1.1 Standard of Performance. RGS shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which RGS is
engaged in the geographical area in which RGS practices its profession.
RGS shall prepare all work products required by this Agreement in a
substantial, first-class manner and shall conform to the standards of
quality normally observed by a person practicing in RGS's profession.
1.2 Assignment of Personnel. RGS shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that CITY, in
its sole discretion, at any time during the term of this Agreement, desires
Agreement For Management and Administrative Services Page 1 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
the reassignment of any such persons, RGS shall consider reassigning
such person or persons.
1.3 Time. RGS shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to meet the standard of
performance provided in above and to satisfy RGS's obligations hereunder
in Exhibit A.
Section 2. Term of Aereement and Termination. Services shall commence on or about the
date specified in Exhibit A and shall continue until the date anticipated in Exhibit
A to terminate, at which time it may be extended by mutual consent of the Parties
for up to one-year intervals until terminated. This agreement may be terminated
by either Party, with or without cause, upon 30 days written notice. CITY has the
sole discretion to determine if the services performed by RGS are satisfactory to
the CITY, which determination shall be made in good faith. If the CITY
determines that the services performed by RGS are not satisfactory, the CITY
may terminate this agreement by giving written notice to RGS. Upon receipt of
notice of termination by either Party, RGS shall cease performing duties on behalf
of CITY on the termination date specified and the compensation payable to RGS
shall include only the period for which services have been performed by RGS.
Section 3. Compensation. Payment under this Agreement shall be as provided in Exhibit A.
Section 4. Effective Date. This Agreement shall become effective when executed by both
Parties.
Section 5. Relationship of Parties.
5.1 It is understood that the relationship of RGS to CITY is that of an
independent contractor and all persons working for or under the direction
of RGS are its agents or employees and not agents or employees of CITY.
CITY and RGS shall, at all times, treat all persons working for or under
the direction of RGS as agents and employees of RGS, and not as agents
or employees of the CITY. CITY shall have the right to control RGS only
insofar as the results of RGS's services rendered pursuant to this
agreement and assignment of personnel pursuant to Section 1.
5.2 RGS shall provide services under this Agreement through one or more
employees of RGS qualified to perform services contracted for by CITY.
Key staff of RGS who will provide services to the CITY _are indicated in
Exhibit A. The Executive Director will not reassign any of the staff
indicated in Exhibit A without first consulting with the CITY. The
Executive Director will consult with CITY on an as -needed basis to assure
that the services to be performed are being provided in a professional
manner and meet the objectives of CITY.
5.3 CITY shall not have the ability to direct how services are to be performed,
Agreement For Management and Administrative Services Page 2 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
specify the location where services are to be performed, or establish set
hours or days for performance of services, except as set forth in Exhibit
A.
5.4 CITY shall not have any right to discharge any employee of RGS from
employment.
5.5 RGS shall, at its sole expense, provide for its employees providing
services to CITY pursuant to this Agreement any and all benefits, such as
worker's compensation, disability insurance, vacation pay, sick pay, or
retirement benefits; obtain and maintain all licenses and permits usual or
necessary for performing the services; pay any and all taxes incurred as a
result of the employee(s) compensation, including estimated taxes, FICA
and other employment taxes; and provide CITY with proof of payment of
taxes on demand.
Section 6. Insurance Requirements. Before beginning any work under this Agreement,
RGS, at its own cost and expense, shall procure "occurrence coverage" insurance
against claims for injuries to persons or damages to property that may arise from
or in connection with the performance of the work hereunder by RGS and its
agents, representatives, employees, and subcontractors. RGS shall provide proof
satisfactory to CITY of such coverage that meets the requirements of this section
and under forms of insurance satisfactory in all respects to the CITY. RGS shall
maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be paid by RGS. RGS shall not
allow any subcontractor to commence work on any subcontract until RGS has
obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to CITY. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
6.1 Workers' Compensation. RGS shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's
Liability Insurance for any and all persons employed directly or indirectly
by RGS. The Statutory Workers' Compensation Insurance and
Employer's Liability Insurance shall be provided with limits of not less
than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the
alternative, RGS may rely on a self-insurance program to meet those
requirements, but only if the program of self-insurance complies fully with
the provisions of the California Labor Code. The insurer, if insurance is
provided, or RGS, if a program of self-insurance is provided, shall waive
all rights of subrogation against the CITY and its officers, officials,
employees, and volunteers for loss arising from work performed under this
Agreement where the subject loss is not proximately caused by the actions
of or failure to act by a CITY officer, agent or employee or any person or
entity other than the parties to the agreement.
Agreement For Management and Administrative Sen ices Page 3 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after 15
days' prior written notice has been given to the CITY.
6.2 Commercial General and Automobile Liabilitv Insurance.
6.2.1 General requirements. RGS, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for
the term of this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage for risks associated with the work
contemplated by this Agreement. RGS shall additionally maintain
commercial general liability in an amount not less than TWO
MILLION DOLLARS ($2,000,000) aggregated for bodily injury,
personal injury, and property damage. If a Commercial General
Liability Insurance or an Automobile Liability form or other form
with a general aggregate limit is used, either the general aggregate
limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall
not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this
Agreement, including the use of owned and non -owned
automobiles.
6.2.2 Minimum scone of coverage. Commercial general coverage shall
be at least as broad as Insurance Services Office Commercial
General Liability occurrence form CG 0001 or GL 0002 (most
recent editions) covering comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage
shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 (ed. 12/90) Code 8 and 9. No
endorsement shall be attached limiting the coverage.
6.2.3 Additional requirements. Each of the following shall be included
in the insurance coverage or added as an endorsement to the
policy:
a. CITY_and its officers, employees, agents, and volunteers
shall be covered as insureds with respect to each of the
following: liability arising out of activities performed by or
on behalf of RGS including the insured's general
supervision of RGS; products and completed operations;
premises owned, occupied, or used by RGS; and
automobiles owned, leased, or used by RGS. The coverage
Agreement For Management and Administrative Services Page 4 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
shall contain no special limitations on the scope of
protection afforded to CITY or its officers, employees,
agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident
basis, and not on a claims -made basis.
C. An endorsement must state that coverage is primary
insurance with respect to the CITY and its officers,
officials, employees and volunteers, and that no insurance
or self-insurance maintained by the CITY shall be called
upon to contribute to a loss under the coverage.
d. An endorsement shall state that coverage shall not be
suspended, voided, cancelled by either party, or reduced in
coverage or in limits, except following reasonable notice to
the CITY.
6.3 Professional Liabilitv Insurance. Upon written request of CITY, RGS,
at its own cost and expense, shall maintain for the period covered by this
Agreement professional liability insurance for licensed professionals
performing work pursuant to this Agreement in an amount not less than
ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals' errors and omissions.
6.3.1 Any deductible or self-insured retention shall not exceed $1,000
per claim.
6.3.2 An endorsement shall state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits,
except after fifteen (15) days' prior written notice has been given to
the CITY.
6.3.3 The following provisions shall apply if the professional liability
coverages are written on a claims -made form:
a. The retroactive date of the policy must be shown and must
be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of
the Agreement or the work, so long as commercially
available at reasonable rates.
C. If coverage is canceled or not renewed and it is not
replaced with another claims -made policy form with a
retroactive date that precedes the date of this Agreement,
RGS must provide extended reporting coverage for a
minimum of 5 years after completion of the Agreement or
the work. The CITY shall have the right to exercise, at
RGS's sole cost and expense, any extended reporting
Agreement For Management and Administrative Services Page 5 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
provisions of the policy, if RGS cancels or does not renew
the coverage.
d. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
6.4 All Policies Reauirements.
6.4.1 Acceatability of insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than
ANII.
6.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, RGS shall furnish CITY with notifications of coverage
and with original endorsements effecting coverage required herein.
The notifications and endorsements for each insurance policy are
to be signed by a person authorized by that insurer to bind
coverage on its behalf. The CITY reserves the right to require
complete, certified copies of all required insurance policies, at any
time.
6.4.3 Subcontractors. RGS shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
6.4.4 Variation. The CITY may approve a variation in the foregoing
insurance requirements, upon a determination that the coverages,
scope, limits, and forms of such insurance are either not
commercially available, or that the City's interests are otherwise
fully protected.
6.4.5 Deductibles and Self -Insured Retentions. RGS shall disclose to
and obtain the approval of CITY for the self-insured retentions and
deductibles before beginning any of the services or work called for
by any term of this Agreement.
During the period covered by this Agreement, only upon the prior
express written authorization of City's Chief Executive Officer,
RGS may increase such deductibles or self-insured retentions with
respect to CITY, its officers, employees, agents, and volunteers.
The City's Chief Executive Officer may condition approval of an
increase in deductible or self-insured retention levels with a
requirement that RGS procure a bond, guaranteeing payment of
Agreement For Management and Administrative Services Page 6 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
losses and related investigations, claim administration, and defense
expenses that is satisfactory in all respects to each of them.
6.4.6 Notice of Reduction in Coverage. In the event that any coverage
required by this section is reduced, limited, or materially affected
in any other manner, RGS shall provide written notice to CITY at
RGS's earliest possible opportunity and in no case later than five
days after RGS is notified of the change in coverage.
6.5 Remedies. In addition to any other remedies CITY may have if RGS fails
to provide or maintain any insurance policies or policy endorsements to
the extent and within the time herein required, CITY may, at its sole
option exercise any of the following remedies, which are alternatives to
other remedies CITY may have and are not the exclusive remedy for
RGS's breach:
• Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the
Agreement;
• Order RGS to stop work under this Agreement or withhold any
payment that becomes due t hereunder, or both stop work and
withhold any payment, until RGS demonstrates compliance with
the requirements hereof; and/or
• Terminate this Agreement.
Section 7. Legal Reauirements.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable Laws. RGS and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
RGS and any subcontractors shall comply with all applicable rules and
regulations to which CITY is bound by the terms of such fiscal assistance
program.
7.4 Licenses and Permits. RGS represents and warrants to CITY that RGS
and its employees, agents, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally
required to practice their respective professions and that RGS is authorized
by law to provide the services contemplated by this agreement. RGS
represents and warrants to CITY that RGS and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all
Agreement For Management and Administrative Services Page 7 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
times during the term of this Agreement any licenses, permits, and
approvals that are legally required to practice their respective professions.
7.5 Nondiscrimination and Eaual Oanortunity. RGS shall not discriminate,
on the basis of a person's race, religion, color, national origin, age,
physical or mental handicap or disability, medical condition, marital
status, sex, or sexual orientation, against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in,
recipient of, or applicant for any services or programs provided under this
Agreement. RGS shall comply with all applicable federal, state, and Local
laws, policies, rules, and requirements related to equal opportunity and
nondiscrimination in employment, contracting, and the provision of any
services that are the subject of this Agreement.
Section 8. Keeping and Status of Records.
8.1 Records Created as Part of RCS's Performance., All reports, data,
maps, models, charts, studies, surveys, photographs, memoranda, plans,
studies, specifications, records, files, or any other documents or materials,
in electronic or any other form, that RGS prepares or obtains pursuant to
this Agreement and that relate to the matters covered hereunder shall be
the property of the CITY. RGS hereby agrees to deliver those documents
to the CITY upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to
those described above, prepared pursuant to this Agreement are prepared
specifically for the CITY and are not necessarily suitable for any future or
other use.
8.2 Confidential Information. RGS shall hold any confidential information
received from CITY in the course of performing this Agreement in trust
and confidence and will not reveal such confidential information to any
person or entity, either during the term of the Agreement or at any time
thereafter. Upon expiration of this Agreement, or termination as provided
herein, RGS shall return materials which contain any confidential
information to CITY. For purposes of this paragraph, confidential
information is defined as all information disclosed to RGS which relates to
CITY past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law. CITY shall notify RGS what information and documents
are confidential and thus subject to this section 8.2.
8.3 RGS's Books and Records. RGS shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records
or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the CITY under this
Agreement For Management and Administrative Services Page 8 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
Agreement for a minimum of 3 years, or for any longer period required by
law, from the date of final payment under this Agreement.
8.4 Inspection and Audit of Records. Any records or documents that Section
8.2 of this Agreement requires RGS to maintain shall be made available
for inspection, audit, and/or copying at any time during regular business
hours, upon oral or written request of the CITY. Under California
Government Code Section 8546.7, if the amount of public funds expended
under this Agreement exceeds TEN THOUSAND DOLLARS
($10,000.00), the Agreement shall be subject to the examination and audit
of the State Auditor, at the request of CITY or as part of any audit of the
CITY, for a period of 3 years after final payment under the Agreement.
Section 8. Non-assi ng ment. This Agreement is not assignable either in whole or in part
without the written consent of the other party.
Section 9. Amendments. This Agreement may be amended or modified only by written
agreement signed by both Parties.
Section 10. Validitv The invalidity, in whole or in part, of any provisions of this Agreement
shall not void or affect the validity of any other provisions of this Agreement.
Section 11. Governinp, Law/Attornevs Fees. This Agreement shall be governed by the laws
of the State of California and any suit or action initiated by either party shall be
brought in San Mateo County, California. In the event of litigation between the
Parties hereto to enforce any provision of the Agreement, the prevailing Party
shall be entitled to reasonable attorney's fees and costs of litigation.
Section 12. Mediation. Should any dispute arise out of this Agreement, the Parties shall meet
in mediation and attempt to reach a resolution with the assistance of a mutually
acceptable mediator. Neither Party shall be permitted to file legal action without
first meeting in mediation and making a good faith attempt to reach a mediated
resolution. The costs of the mediator, if any, shall be paid equally by the Parties.
If a mediated settlement is reached, neither Party shall be deemed the prevailing
party for purposes of the settlement and each Party shall bear its own legal costs.
Section 13. Entire Agreement. This Agreement, including Exhibit A, comprises the entire
Agreement.
Agreement For Management and Administrative Services Page 9 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
Section 14. Indemnitv
15.1 RGS's indemnity obligations. RGS will defend and indemnify CITY,
and hold it harmless, from any claim, demand or liability that is related to,
or results from the manner in which RGS has performed this Agreement.
Thus, RGS's indemnity obligations will arise when any claim or demand
is made against CITY which premises City's liability, in whole or in part,
upon any of the following:
a. the quality or character of the work of RGS's employees or
subcontractors;
b. the negligent acts or omissions of RGS or its officers, directors,
employees, or agents; or
C. the willful misconduct of RGS or its officers, directors, employees,
or agents.
Further, RGS will defend and indemnify CITY, and hold it harmless, from
any claim, demand or liability that is related to, or results from an
assertion that as a result of providing services to CITY, an RGS employee
or a person performing work pursuant to this agreement is entitled to
benefits from, or is covered by, the Social Security retirement system or
the California Public Employee Retirement Systems. Notwithstanding the
foregoing, however, RGS's obligation for any payments to such a claimant
shall be limited to those payments which CITY may be required to pay.
15.2 Citv's indemnity obligations. CITY shall indemnify, defend and hold
harmless RGS and its officers, directors, employees and agents from any
and all claims and lawsuits where such persons are named in the lawsuit
solely by virtue of the position they hold with CITY, or solely because of
a duty any of them performs while in that position.
It is the intent of the parties here to define indemnity obligations that are
related to or arise out of City's actions as a governmental entity. Thus,
CITY shall be required to indemnify and defend only under circumstances
where a cause of action is stated against RGS, its employees or agents:
a. which is unrelated to the skill they have used in the performance of
the duties delegated to them under this Agreement;
b. when the allegations in such cause of action do not suggest the
active fraud or other misconduct of RGS, its employees, or agents;
and
C. where a CITY employee, if he had been acting in a like capacity,
otherwise would be acting within the scope of that employment.
Whenever CITY owes a duty hereunder to indemnify RGS, its
employees or agents, CITY further agrees to pay RGS a reasonable
fee for all time spent by any RGS employee, or spent by any
person who has performed work pursuant to this agreement, for the
Agreement For Management and Administrative Services Page 10 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
purpose of preparing for or testifying in any suit, action, or legal
proceeding in connection with the services he has provided under
this Agreement.
Section 15. Notices. All notices required by this Agreement shall be given to CITY and RGS
in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of San Rafael
1400 Fifth Avenue, Room 203
San Rafael, CA 94915-1560
RGS: Regional Government Services Authority (RGS)
P. O. Box 1350
Carmel Valley, CA 94061
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the
date first written by their respective officers duly authorized on their behalf.
DATED: 1 I LA , 2009 CITY OF SAN RAFAEL
ATTEST
/���
By: ��'` ESTHER BEIRNE
an_Nordhoff, City Ma er CITY CLERK
APPROVED AS TO FORM:
DATED:.li , 2009 By:
Rob Epstein, City"Attomey
DATED: ,� J , 2009 REGIONAL GOVERNMENT SERVICES
By:
Richard H. Avereft, Executive Director
APPROVED AS TO FORM: I ��
DATED: 1a�u, $ , 2009 By:
&Jizabeth Silver, Authority Counsel
Agreement For Management and Administrative Services Page 11 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
EXHIBIT A
SCOPE OF SERVICES
RGS shall assign the individual identified in Exhibit A to serve as the City of San Rafael's
Business Services Manager which position requires performing the functions as described below:
• Perform the functions as assigned.
• Be reasonably available to perform the services during the normal work week, as agreed
upon.
• Meet regularly and as often as necessary for the purpose of consulting about the scope of
work performed.
• Other Duties - As part of the City of San Rafael's Police Department command structure, the
RGS employee will perform those administrative duties appropriate for the City's Police
Personnel and Training Manager job classification. Responsibilities include but are not
limited to:
o Recruitment, background investigation, and hiring recommendations.
o Promotional and skill testing.
o Internal investigations administration.
o Performance evaluation program.
o Policy development.
o Development and delivery of a variety of training programs.
Such employee(s) may perform services at the City offices available in San Rafael or at other
locations.
COMPENSATION
Fees. The City agrees to pay to RGS the full cost of compensation and support, as shown
in Exhibit A, for the assigned agency employee. This cost shown on an hourly basis.
Any changes to the list of key Agency staff will be made by written notice of RGS's
Executive Director to the San Rafael City Manager. The City further agrees to pay to
RGS the cost of employee use of up to 200 hours of paid sick leave at time of hire and
until such time as employee's sick leave accrual reaches that amount.
RGS and City acknowledge and agree that compensation paid by City to RGS under this
Agreement is based upon RGS's costs of providing the services required hereunder,
including salaries and benefits of employees. Consequently, the parties agree that
adjustments to the hourly rate will be made for changes to the salary and/or benefits costs
provided to the employee, and that salary increases will be reviewed at least every 6 to 12
months with the intent to maintain employee parity with City peer increases. The parties
further agree that compensation hereunder is intended to include the costs of
contributions to any pensions and/or annuities for which RGS may be obligated for its
employees or may otherwise be contractually obligated.
2. Reimbursement of RGS's Administrative Cost. The City shall reimburse RGS for
overhead as part of the hourly rate specified below, and direct external costs. Support
Agreement For Management and Administrative Services Page 12 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
overhead costs are those expenses necessary to administering this Agreement, and are
included in the hourly rate. Direct external costs will be invoiced to the City when
received and without mark-up. These external costs will be due upon receipt.
3. Terms of Pavment. RGS shall submit invoices monthly for the next month's services.
Invoices shall be sent approximately 30 days in advance of the month for which they are
due and shall be delinquent if not paid within 20 days of receipt. After the initial
invoices, future invoices will include both estimated charges for the succeeding month as
well as true -up adjustments for prior period estimates versus actual expenses. The
estimated payment for the next month must be received prior to the beginning of the
month for which service is to be provided. Delinquent payments will be subject to a late
payment carrying charge computed at a periodic rate of 1% per month, which is an
annual percentage rate of 12%, which will be applied to any unpaid balance owed
commencing 7 days after the payment due date. Additionally, in the event the City fails
to pay any undisputed amounts due to RGS within 15 days after payment due date, then
the City agrees that RGS shall have the right to consider said default a total breach of
this Agreement and the duties of RGS under this Agreement may be terminated by RGS
upon 10 working days advance written notice.
Pavment Address. All payments due RGS shall be paid to:
RGS
C/O McGilloway & Ray Accounting and Consulting
2511 Garden Road, Suite A-180
Monterey, CA 93940-5381.
KEY AGENCY STAFF
NAME I POSITIONI HOURLY RATE
JJ Nunez Business Services Manager $88.25
The start date for the assigned Agency employee(s) is January 1, 2009 and estimated to last one
month.
Agreement For Management and Administrative Services Page 13 of 14
City of San Rafael and Regional Government Services Authority January 1, 2009
"t
ISSUE DATE IMMDID VY;
CERTIFICATE.- Ih�81 ANCE 10/8108
!
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Alliant Insurance Services Inc IgqQ�N RS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
1301 Dove St., Suite 200 n r ' I I �I' NOTND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
Newport Beach, CA 92660 246j ��+ BELOW.
(800) 821-9283 Ext. 190 • Fax (949) 756-2713
LiceljLjse Ne QC36861
INS IIitED It .IAL LIAIIILI I Y NSUHANUE YRUUNAM ISLIP) MIt btM
REGIONAL GOVERNMENT SERVICES AUTHORITY
PO BOX 1350
CARMEL VALLEY, CA 93924
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
COMPANY
LETTER B
COMPANY
LETTER C
COMPANY
LETTER D
COMPANY
— i -- _—_LLE TTER — E --
ALLIED WORLD NATIONAL ASSURANCE
COVERAGES
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, EXCLUSION AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CU
LTR
TYPE OF INSURANCE ( POLICYNUMBER
POLICY
POLICY EFFECTIVE EXPIRATION
DATE (MMIDD/YY)
I LIMITS
DATE (MWDDIYY)
A
GENERAL LIABILITY C010407/001
09/29/08 9/29/09
I GENERAL AGGREGATE NA'
COMMERCIAL GENERAL
X
I PRODUCTS-COMPIOP
$1,000,000
LIABILITY
AGG.
_
CLAIMS OCCUR
FX� MADE
I PERSONALdADV INJURY
$1,000,000
OWNER S h CONTRACTOR S
EACH OCCURRENCE
$1'000'000
PROT
X GL Ded: $1,000
FIRE DAMAGE Any one
I $1,000,000
_
fired
MED. EXPENSE (Any "ie N/A
AAUTOMOBILE
LIABILITY
C010407/001
09/29/08 9/29/09 L.urvou'IvtU 31I4LaLt LINA $1,000,000
ANY AUTO
ALL OWNED AUTOS
BODILY NJURY
j
SCHEDULED AUTOS
LPer person)
I X
HIRED AUTOS
BODILY INJURY
X�
NON -OWNED AUTOS
tPor accident)
I GARAGE LIABILITY
I PROPERTY DAMAGE
JAUTO DED: $1,000
EACH OCCURRENCE
UMBRELLA FORM
I AGGREGATE
OTHER THAN UMBRELLA rORM
'
I I
STATUTORY LIMITS
I
WORKER'S COMPENSATION
I
I EACH ACCIDENT
AND
DISEASE -POLICY LIMIT
EMPLOYER'S LIABiL,TYj
I DISEASE EACH
A
PUBLIC OFFICIALS ERRORS I C010407/001
I 09/29/08
09/29/08 PER OCCURRENCE AND
�1,000,000
AND OMISSIONS
ANNUAL AGGREGATE
'POLiC�YF10RM ODESRNOT GONTAi�JIPG�NERAL LIARIEITY AGGREGATE
AS RESPECTS TO PART-TIME CONSULTING SERVICES FOR THE CITY OF SAN RAFAEL SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS
CERTIFICATE HOLDER
CITY OF SAN RAFAEL
1400 FIFTH AVENUE
SAN RAFAEL, CA 94915-1560
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
-30 DAYS WRITTEN NO T iCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES
'EXCEPT 10 DAYS FJR NON -PA HENT
AUTHORIZED REP bENTA7I1
C, r-,
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 urofessional
services agreements/contracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step Responsible
Department
1 City Attorney
2 Contracting Department
3 Contracting Department
4 City Attorney
5 City Manager / Mayor / or
Department Head
6 City Clerk
Description
Review, revise, and comment on draft
agreement.
Forward final agreement to contractor for
their signature. Obtain at least two signed
originals from contractor.
Agendize contractor -signed agreement for
Council approval, if Council approval
necessary (as defined by City Attorney/City
Ordinance*).
Review and app � j� `S'� orc
bonds, and insui
endorsements. E7S
Agreement exec
official.
City Clerk attest
agreement and f
contracting depE
Completion
Date
n,e 4 r---
ec,�4.i
n /a,
.Lw�r f ry vl4" c=".f
To be completed by Contracting Department:
Project Manager: 1 Project Name: f 4f(A),�__
Agendized for City Council Meeting of (if necessary):'I -
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.
�.
` � !� -ti