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HomeMy WebLinkAboutCM Legislative Advocacy Services 2013ciry oFn..����� Agenda Item No: 3. d
Meeting Date: January 22, 2013
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER
Prepared by: Rebecca Woodbury, Management Analyst City Manager Approval:
SUBJECT: Resolution authorizing the City Manager to execute a Professional Services Agreement in an
amount not to exceed $73,200 with Emanuels Jones & Associates for legislative advocacy services.
RECOMMENDATION: Adopt Resolution authorizing the City Manager to execute an agreement with Emanuels
Jones & Associates for legislative advocacy services.
BACKGROUND:
The 11 Cities and Towns in Marin have contracted for legislative advocacy services since 1998 with Emanuels
Jones & Associates. The cost of the contract is split among the jurisdictions based on a formula that equally
weights population and assessed valuation. The City of San Rafael has served, and will continue to serve, as the
fiscal agent on behalf of the other cities and towns of Marin,
ANALYSIS:
Emanuels Jones reviews all legislative bills for their impact on Marin and takes action of specific proposals. This
work includes advocating for the protection of local revenues during the state's budget process, preserving local
control on housing and other issues, and advancing other legislative issues of interest to Marin. The advocate
coordinates visits to the Capitol to meet with and talk to state legislators and other state officials.
The cost for the contract with Emanuels Jones & Associates will cost $36,600 for the 2013 calendar year.
Because this is a two year contract, the total cost will be $73,200.
FISCAL IMPACT:
As in previous years, the cost of the contract will be apportioned among the cities and towns within Marin County
based upon both assessed valuation and population; attached is a copy of the apportionment schedule for each of
the cities and towns in Marin (Attachment A). San Rafael's share is $10,246 for 2013. Funds have been
appropriated in the General Fund for this contract.
OPTIONS: The City Council may choose to:
1. Adopt the Resolution approving the contract with Emanuels Jones as presented
2. Alter the terms of the contract
3. Refuse to adopt the Resolution
ACTION REQUIRED: Adopt Resolution
ATTACHMENTS:
A. 2013 Apportionment of Costs
B. Resolution and Professional Services Agreement
FOR CITY CLERK ONLY
File No.: t _4 c7 t
Council Meeting: t1?420 1
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RESOLUTION NO. 13481
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT IN AN AMOUNT NOT TO EXCEED $73,200 WITH EMANUELS JONES &
ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES
WHEREAS, the Cities and Towns of Marin County ("CTMC") jointly desire to hire a lobbyist
to provide legislative advocacy services before the State legislature on their behalf; and
WHEREAS, Emanuels Jones & Associates has the training and experience to provide, and is
willing to provide, legislative advocacy services on behalf of the CTMC; and
WHEREAS, the City of San Rafael has agreed to be the lead agency for the CTMC for the
purpose of entering into an agreement with Emanuels Jones & Associates to provide such legislative
advocacy services on their behalf; and
WHEREAS, the CTMC have agreed to share the cost of the required services;
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby approves and
authorizes the City Manager to execute a Professional Services Agreement with Emanuels Jones &
Associates for legislative advocacy services in the form attached hereto as Exhibit 1 and incorporated
herein by reference, in an amount not to exceed $73,200.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council
of said City held on Tuesday, the 22nd day of January 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, McCullough & Vice -Mayor Heller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Phillips
ESTHER C. BEIRNE, City Clerk
AGREEMENT FOR LEGISLATIVE ADVOCACY SERVICES
This Agreement is made and entered into this 22"d day of January, 2013, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and DAVID JONES, D.B.A. EMANUELS
JONES & ASSOCIATES (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the Cities and Towns of Marin County ("CTMC") desire to retain
CONTRACTOR to provide legislative advocacy activities and actions before the State legislature
on their behalf, and
WHEREAS, CONTRACTOR has the training and experience to provide, and is willing to
provide, legislative advocacy activities and actions on behalf of the CTMC; and
WHEREAS, CITY has agreed to be the lead agency for the CTMC for the purpose of
entering into an agreement with CONTRACTOR to provide such legislative advocacy activities
and actions on their behalf, and
WHEREAS, the CTMC have agreed to jointly fund this agreement, on a pro rata basis as
described in Exhibit "A" hereto, with CONTRACTOR for its provision of legislative advocacy
services described herein.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The City Manager is hereby designated the PROJECT MANAGER for the
CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of
this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. David Jones is hereby designated as the PROJECT DIRECTOR for
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CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason., the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows:
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A. Provide consulting services as a lobbyist on pertinent municipal matters on behalf of
the Cities and Towns of Marin County, through the Legislative Committee of the Marin County
Council of Mayors and Councilmembers ("MCCMC").
B. Report CONTRACTOR's lobbying activities as required by the California Fair
Political Practices Act and Commission ("FPPC"), including preparation of form 635 and other
required forms.
C. Certify that employees and/or entities are properly registered, licensed or certified
pursuant to law to perform the tasks described herein.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as follows:
A. For the term of the Agreement, billed monthly in advance, for CONTRACTOR's
performance of this Agreement.
B. Reimbursement of CONTRACTOR's direct costs for travel and FPPC filing fees,
not to exceed $400 for the term of the Agreement.
CONTRACTOR understands and agrees that it shall not incur any additional expenses on
behalf of CITY, the Cities and Towns of Marin County or the MCCMC, and that CITY, the
MCCMC and the Cities and Towns of Marin shall not be responsible for any obligations of an
employer. Specifically, CONTRACTOR shall furnish his own means of transportation (when not
required by CITY to travel), miscellaneous supplies and incidental expenses. Total compensation
paid for services and expenses under this Agreement shall not exceed $36,600 for 2013. The 2014
contract amount shall not exceed $36,600.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for (2) year(s) commencing on January 1, 2013 and
ending on December 31, 2014.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
2
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties 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 sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties 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.
10. INSURANCE.
A. During the term of this Agreement. CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. , A commercial general liability insurance policy in the minimum amount of
one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage.
2. scheduled autos-
'
An Automobile Liability Insurance policy endorsed for "
classified for business use with an additional umbrella policy of not less than $1,000,000.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A., shall
also meet the following requirements:
I. The insurance shall be primary with respect to any insurance or coverage
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution.
2. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming
CITY, its officers, agents, employees, and volunteers, as additional named insureds under the
policies.
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon thirty (30) days written notice to City's Risk Manager.
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of 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 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 Attorriev. At CITY's
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option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release,
defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or
resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of
their duties and obligations under this Agreement.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless CITY, its officers, and employees, against any
claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees,
that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of
CONTRACTOR in the performance of its duties and obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
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Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Nancy Mackle
City Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Mr. David Jones
dba Emanuels Jones & Associates
1400 K Street, Suite 306
Sacramento, CA 95814
(916) 444-6789
17. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
18. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by awritten 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.
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19. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
20. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
21. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
22. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
NANCY MAtKLE, City Manager
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CONTRACTOR
ENIANUELS JONES & ASSOCIATES
DAVID JONES, Pi#ident
ATTEST:
ESTHER C. BEIRNE, City Clerk
AP ROVED AS TO FORM:
.
ROBERT F. EPSTEII, City' #,ttomey
A '�'qp CERTIFICATE OF LIABILITY INSURANCE
°01111J2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
LORI MCCARTER CURRY
451 PARKFAIR DRIVE SUITE 2
SACRAMENTO, CA 95864
CONTACT
NAME: LORI MCCARTER CURRY
PHONE 916 487 5151
MAIL
ADDRE
INSURERS AFFORDING COVERAGE
MAIC #
INSURER A: State Farm Mutual Automobile Insurance Com an
INSURED JONES, DENISE M. & DAVID A.
206 G I FFORD WAY
SACRAMENTO, CA 95864-6910
INSURERS: State Farm Fire and Casual Comr)anv
25143
INSURER C :
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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CITY OF SAN RAFAEL
PO BOX 151560
SAN RAFAEL, CA 94915
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010
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.a►CERTIFICATE OF LIABILITY INSURANCE
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10/1/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
AISI dba Pan American Insurance Agency, Inc.
CA License # OF89850
PO BOX 13792
Sacramento CA 95853
NA ATE CT Kelly Verduzco
PHONE (916)286-5973 A/CNo:(916)646-3996
IAJC
AMAZE :kellyverduzco@paula.com
INSURERS AFFORDING COVERAGE NAIC p
INSURERA -Ma land Casualty 19356
INSURED
Emanuels Jones & Associates
1400 K Street Ste 306
Sacramento CA 95814
INSURER B
INSURER C
INSURER D:
INSURER E:
INSURER F:
envGaAr:Fc CFRTIFICATF NUMRFRI2/13 GL REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED—
PREMISES Ea occurrence $ 1,000,000
M ED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ Exclude
GENERAL AGGREGATE $ 2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER
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AUTOMOBILE LIABILITY
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ANY AUTO
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Certificate Holder is included as Additional Insured per form CG 2010 attached.
r9=DTI9:IrATG unl ncR GANCFI..I ATION
ACORD 25 (2010/05)
INS026:7nirn,, n4
J 1985-2010 AUUKU UUKNUKA 1 IUN. Ali rignts reserVea.
Tho Ar:nRn name anri Innn aro roniet—A martre of Arr1Rn
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of San RafaelJMCCMC
Deputy City Manager
1400 Fifth Avenue
AUTHORIZED REPRESENTATIVE
San Rafael, CA 94901
Bob Underwood/VERDUZ
ACORD 25 (2010/05)
INS026:7nirn,, n4
J 1985-2010 AUUKU UUKNUKA 1 IUN. Ali rignts reserVea.
Tho Ar:nRn name anri Innn aro roniet—A martre of Arr1Rn
POLICY NUMBER: PAS05349008
COMMERCIAL GENERAL LIABILITY
CG 2010 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
City of San Rafael/MCCMC
1400 Fifth Avenue
San Rafael, CA 94901
4TTN: Deputy City Manager
Information required to complete this Schedule, if not shown
A. Section 11 - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
Location(s) Of Covered Operations
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project
CG 2010 07 04 Cr- ISO Properties. Inc., 2004 Page 1 of 1
AC")?"
C" CERTIFICATE OF LIABILITY INSURANCEF10/1/2012
DATE (MM/DDIYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
AISI dba Pan American Insurance Agency, Inc.
CA License # OF89850
PO BOX 13792
Sacramento CA 95853
CONTACT
NAME: Kelly Verduzco
PHONE (916)286-5973 FgCNo:(916)646-3996
A DRR s: kellyverduzco@paula.com
INSURERS AFFORDING COVERAGE NAIC #
INSURER AMa land Casualty 19356
INSURED
Emanuels Jones & Associates
1400 K Street Ste 306
Sacramento CA 95814
INSURER B :
INSURER C:
INSURER D:
INSURER E:
1 INSURER F:
COVERAGES CERTIFICATE NUMBER:12/13 GL REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADD
POLICY NUMBER
POLICY EFF
POLICY/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY
_
DAMAGE TO RENTED
PREMISES Ea occurrence $ 1,000,000
A
CLAIMS -MADE T OCCUR
X
PAS05349008
0/1/2012
0/1/2013
M ED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ Exclude
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMP/OPAGG $ 2,000,000
X POLICY PRO- LOC
JECT
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident $
BODILY INJURY (Per person) $
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
Per accident
HIRED AUTOS NON -OWNED
AUTOS
$
UMBRELLA UAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION$
$
WORKERS COMPENSATION
WC STATU-
TORY OTH-
AND EMPLOYERS' LIABILITY Y t N
..LIMLTS _.__. __F.IR
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? ❑
N/A
E L DISEASE - EA EMPLOYE $
(Mandatory in NH)
If yes describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLI LIMIT $
DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate Holder is included as Additional Insured per form CG 2010 attached.
CERTIFICATE HOLDER CANCELLATION
City of San Rafael/MCCMC
Deputy City Manager
1400 Fifth Avenue
San Rafael, CA 94901
ACORD 25 (2010/05)
IN9025 r7mnn,�� ro
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
Underwood/VERDUZ C
@ 1988-2010 ACORD CORPORATION. All rights reserved.
Ttha ar'r1Rrt name and Innn ara ranictararl marlrc of Cr:f1Rr1
Page I of 3
Esther Beirne
Fromm: JeannksCourteau
Sent: Wednesday, January 3U.2O1311:16AM
To: EothorBeime
Subject: FW: MCCMC legislative advocacy contract - review
From: Rebecca Woodbury
Sent: VVednesday, January 30, 2013 10:52 AM
To: ]eannkeCourteau
Subject: FW: MCZMC|egis|ativeadvocacycontnsct- review
As per the email below, the insurance for the Emanuels Jones contract should be correct. Can you check
the language Vfthe contract tomake sure itreads correctly?
From: Lisa Goldfien
Sent: Wednesday, January O9,2U1311:28AM
To: Rebecca Woodbury
Subject: RE: MCCMC|egis|ativeadvocacycontract- review
Rebecca: The requested changes are acceptable.
From: Rebecca Woodbury
Sent: Tuesday, January 08, 2013 1:55 PM
To: LisaGo|dfien
Subject: FW: MCCMC legislative advocacy contract - review
This is for a different contract than the one we discussed earlier. Let me know what you think about
their proposed changes with regards toinsurance—
Fromm: Denise Jones, Ennanuels]ones &AssodateS [n1ailto:Denise@ksman .con]
Sent: Tuesday, January 08, 2013 1:11 PM
To: Rebecca Woodbury
Cc: 'Denise Jones, Ennanue|sJones &Associates'; 'David Jones'
Subject: FW: MCCIVIC legislative advocacy contract - review
We have a few issues in the contract to address and then we can sign.
Please change EmanoebJones Associates tnEnnanuebJones & Associates (this appears atthe beginning
1/30/2013
Page 2 of 3
and again in Section 15)
Also, there are new insurance requirements outlined in this contract which we need to discuss and address.
1. Autos: By way of background, we do not use our autos for this contract except in the very limited instances
to travel to San Rafael for meetings (1-2 times per year). We do not hire vehicles or use non -owned vehicles to
do work on this contract. We do not transport city officials, agents or employees in our autos. Your document,
Section 10.2 — auto insurance reads "An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($1,000,000) dollars per occurrence." We proposed the section
instead state: "An Automobile Liability Insurance policy endorsed for "scheduled autos" classified for business
use with an additional umbrella policy of not less than $1,000,000." We are not able to name the City's
"officers, agents, employees, and volunteers", as additional named insureds.
Please note that the language we are proposing here what we use with many of our current city clients and they
have found this adequate given the scope of services we provide. Our insurance agent is preparing a certificate
for the City of San Rafael, but I am attaching a recent certificate prepared for the City of Murrieta so can review
it for form.
2. 10 day notice: Section 10.5 states "The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10)
days written notice to City's Risk Manager." We propose instead that this section be changed to 30 day notice.
If the City requires the specific language proposed without modification for autos and notice requirements, we
will need to review the Compensation section, as these new requirements would significantly increase our
insurance costs.
We hope the proposed language meets the needs to the City or that we can work out some language that keeps
the Rick Management staff happy without a significant increase in our costs.
Looking forward to working through this with you. Maybe we should start with a quick phone call and then go
from there.
Thanks
Denise Jones
Vice President
Emanuels Jones & Associates
916-444-6789
From: David Jones[
Sent: Tuesday, January 08, 2013 11:08 AM
To: 'Denise'
Subject: FW: MCCMC legislative advocacy contract - review
From: Rebecca Woodbury [
Sent: Tuesday, January 08, 2013 10:50 AM
To:
Subject: MCCMC legislative advocacy contract - review
1130!2013
Page 3 of 3
I am finalizing your 2013-15 contract with MCCMC. Please review the attached contract and let me know if you
have any revisions.
Rebecca Woodbury
M,anaq,,emerllf Anaiyst
C�ty Of San Rafael
D Box 151 56r,
/4100pmmAve^veRoom 2`2
Sao *mao/, "A 949 560
nPone4 1s7m
fax 415 459 2242
l/30/2Ul3
ACt./R> 7 0
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDtYYYY)
F10,1,2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
AISI dba Pan American Insurance Agency, Inc.
CA License # OF89850
PO BOX 13792
Sacramento CA 95853
CONTACT KellyVerduzco
NAME:
PHONE (916)286-5973 A/C. 916)646-3996
EMAIL ADRESS: kell erduzco@paula.com
D
INSURERS AFFORDING COVERAGE NAIC #
INSURER AMaryland Casualty 19356
INSURED
Emanuels Jones & Associates
1400 K Street Ste 306
Sacramento CA 95814
INSURER B:
INSURER C:
INSURER D:
INSURER E:
1 INSURER F:
COVERAGES CERTIFICATE NUMBER:12/13 GL REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
TYPE OF INSURANCE
ADDL
U
POLICY NUMBER
MMIDDIYYYY FF
POLICY
M DDS
LIMITS
rA
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE lil OCCUR
X
I
PAS05349008
10/1/2012
0/1/2013
EACH OCCURRENCE $ 1,000,000
DAMA E T RENTED 1,000,000
PREMISES Ea occurrence $
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ Excluded
GENERAL AGGREGATE $ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER:
X POLICY PRO LOC
PRODUCTS - COMP/OP AGG $ 2,000,000
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
COMBINED SINGLE LIMIT
Ea accident $
BODILY INJURY (Per person) $
BODILY INJURY {Per accident} $
PROPERTY DAMAGE $
Peraccident
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y t N
ANY PROPRIETORiPARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? ❑
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
STATUOTH-
TORY I S EE._.......
E.L. EACH ACCIDENT $
-------
E.L. DISEASE - EA EMPLOYE $
EL. DISEASE - POLICY LIMIT I $
E
i
DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate Holder is included as Additional Insured per form CG 2010 attached.
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2010105)
INS025 r?nin ,,,, n
071988-2010 ACORD CORPORATION. All rights reserved.
Thn A( fnPn nmma nnrl Inn^ nrn rnnicternA mnr4e ^f Ar(IRn
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of San Rafael/MCCMC
Deputy City Manager
1400 Fifth Avenue
AUTHORIZED REPRESENTATIVE
San Rafael, CA 94901
Bob Underwood/VERDUZ
ACORD 25 (2010105)
INS025 r?nin ,,,, n
071988-2010 ACORD CORPORATION. All rights reserved.
Thn A( fnPn nmma nnrl Inn^ nrn rnnicternA mnr4e ^f Ar(IRn
ACt1-1�
i•/ CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY}
01111/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCECONTACT
R LORI MCCARTER CURRY
451 PARKFAIR DRIVE SUITE 2
SACRAMENTO, CA 95864
NAME: LORI MCCARTER CURRY
PHONE . 916 487 5151 FAX no► ____—
MAIL
ADDRESS:
---
INSURER{S3 AFFORDING COVERAGE MAIC #
—
INSURER A: State Farm Mutual Automobile Insurance Com an 2 17
'
INSURED JONES, DENISE M. & DAVID A.
INSURER s: State Farm Fire and Casualty COmDanY t 26143
INSURERG:
206 GIFFORD WAY
INSURER D:
SACRAMENTO, CA 95864-6910
_ --
V89 8573 A28 65F 0112812013 07128/2013 c INED SIN L LIMIT
acatlentt $
INSURER E
{ BODILY INJURY (Per pe son] I $ 250,000
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
UBR
iLTSRRi TYPEOF
FiNSURANCE L vivn WVn
EXP
LICYEFF MtN�UDOlYYYY LIMITS
POLIGYNUNBER -POLICY
(GENERAL LIABILITY
—,
$
j EACH OCCURRENCE -DAMAGE
COMMERCIAL GENERAL L ABILITY
TO RENTED
PREMISES (Ea ocajrrence S
CLAIMS -MADE OCCUR
I MED EXP (Any one person
f j
I
3 PERSONAL & ADV INJURY I$
I
�
GENERAL AGGREGATE _� $
GEN'L AGGREGATE LIMIT APPLIES PER: !
PRODUCTS - COMPIOP AGG S
POLICY � RO-
� P LOC
� $
A AUTOMOBILE LIABILITY El
V89 8573 A28 65F 0112812013 07128/2013 c INED SIN L LIMIT
acatlentt $
ANY AUTO
{ BODILY INJURY (Per pe son] I $ 250,000
ALLOWNED SCHEDULED
BODILY INJURY(Peraxdoni} $ 500.000
AUTOS AUTOS
NON
V88 7123 D05 65D 1111412012 0418512013
j PROPERTY DAMAGE
j -OWNED
HIRED AUTOS AUTOS
Per accident 100,000
'_
$
B UMBRELLA LtAB ?'—� OCCUR I
WEB
55LZ 8296 6 1111712012 11/17/2013 EACH OCCURRENCE f' $ 1,000,000 _
. EXCESS CLAIMS-MADEi
AGGREGATE ! $ 1,000,000
—._ --
DEC) I RETENTION $
$
WORKERS COMPENSATION
WC STATU- DTH-
�IMIT5 _ ER
ANDEMPLOYERS' LIABILITY Y t N
ANY PROPRIETORIPARTNERIEXECUTIVE
j ! E.L. EACH ACCIDENT $
OFF,CEiMEMBER EXCLUDED? ❑ NIA
I — -
(Mandatory In NH}
{ E.L. DISEASE - EA EMPLOYE $
It yes, describe under!-13AIIQUS Wow
E.L. DISEASE - POLICY LIMIT $
4
DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORD t0l. Additional Remarks Scheduta, if more space is regUlretl),
CITY OF SAN RAFAEL
PO BOX 151560
SAN RAFAEL, CA 94915
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
0 1988-2010 ACORD CORPORATION. All riohts reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849,6 11-15-2010
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. 3. d
DATE OF MEETING: 1/22/2013
FROM: Rebecca Woodbury
DEPARTMENT: City Manager
DATE: 1/8/2013
TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN
AMOUNT NOT TO EXCEED $73,200 WITH EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE
ADVOCACY SERVICES
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
Citytlanager (signature)
APPROVED AS TO FORM:
r
4
City Attorney (signature)