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HomeMy WebLinkAboutCD Massage Ordinance Code Enforcement 2013-14a CITY pF��� Agenda Item No: 3.A. Meeting Date: August 19, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: City Manager Approval: Paul W.4 enscn, Urrar�l Sn c:v4E��pment Directcrr (RB) SUBJECT: Resolutions authorizing the City Manager to execute two separate agreements for professional services: a) Agreement for Professional Code Enforcement Services with CSG Consultants, Inc, (CSG) to provide Code Enforcement Services for Massage Ordinance enforcement /implementation. (Term of Agreement: 1 year from start date, with a total budget amount not to exceed $100,000.00). b) Agreement for Professional Code Enforcement Services with CSG Consultants, Inc, (CSG) to provide professional Code Enforcement Staffing Services to fill a vacancy during the recruitment process. (Term of Agreement: up to 1 year, with a total budget amount not to exceed $70,000) RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolutions. BACKGROUND: Massage Ordinance: The City's Massage Ordinance was last updated in 2010 and this Ordinance prescribes a regulatory framework and inspection process and identifies the Police Department as the primary implementing Department. Given staffing reductions over the past few years, the position responsible for enforcing this ordinance was eliminated from the Police Department in 2010. Therefore, the Code Enforcement Division of the Community Development Department has attempted to do some limited, administrative enforcement within its constrained staffing over the past few years. However, there has been a renewed discussion about increasing enforcement and regulation on massage establishments, thus the Council set aside and allocated $100,000 (for one year) from available resources at the end of the 2012-13 fiscal year. This money was intended for contractual help to perform the complete regulation and inspection of massage establishments. Staff has researched available contractors to perform this service and issued a Request for Proposal. Based on the responses, staff has selected a contractor that meets the needs of the City in implementing a one year test program on the massage ordinance enforcement/implementation. Code Enforcement Vacancy: During the same time that staff was researching potential consultants to provide the Massage Ordinance enforcement/implementation services, one of the code enforcement officer positions within the Division became vacant. The Division is authorized by the budget for three Code Enforcement Officer positions. The Code Enforcement Manager position for this Division was eliminated as part of budget reductions in 2010, so management of the Division has been rotated amongst the other two Mid Managers within the Community Development Department. Currently, FOR CITY CLERK ONLY File No.: Iwo . ' .. ,- Council Meeting:��° Disposition:d„ .,,. .. .. f ,x :AEL CITY COUNCIL AGENDA REPORT / P management of Code Enforcement is provided by the Planning Manager, who now splits management between the Planning and Code Enforcement Divisions. The recent Code Enforcement Officer that was hired to fill the 3rd position did not pass the probationary period, therefore, the position became vacant as of the end of July. As a temporary solution during the anticipated recruitment period to refill this vacant position, staff requested that the contractor selected for the massage ordinance/implementation program also submit a proposal to provide on-call, code enforcement services. During the anticipated recruitment periods for the currently vacant position, it is necessary to seek outside professional planning assistance for the day-to- day functions of the Code Enforcement Division. ANALYSIS: Massage Ordinance: Implementation and enforcement of the growing number of massage establishments remains one of the City's priorities as it relates to continued improvement of our Downtown area and economic development. Given the staff reductions over the past few years in the Police Department and Community Development Department (Code Enforcement Division), the City is not able to take on the comprehensive implementation as is currently prescribed by the Ordinance. Code Enforcement has been attempting to conduct limited periodic stings and inspections, but without the comprehensive implementation, the City is not able to truly regulate, prosecute or enforce it's Ordinance Therefore, in order to achieve this priority, the Council previously set aside $100,000 to take on a one year initiative for implementation of the Massage Ordinance. The concept is that with the additional resources staff will bring on two contract Code Enforcement Officers for part time basis, spending 25-30 hours a week (between the two) working on permitting and inspecting massage establishments and enforcing to the fullest extent of the Ordinance any businesses found in violation of the regulation. The proposed contractor has offered to provide two officers for this task, with the primary offer in charge of the program and performing all the administrative and oversight work. A second officer would assist in conducting inspections. Although the consultant would provide the majority of the staffing for this task, some City staff will still be utilized as needed, including City Attorney's office in the prosecution of any businesses in violations, the Planning Manager to oversee and provide supervision of these consultants and the Police Department if any safety concerns arise during inspections. The success of this program will be monitored at the mid- point of the contract as well as at the end of the contract. Based on the results, the City may choose to continue the program. The proposed Professional Services agreement is for 1 year, anticipated to start in September, for a not -to -exceed budget of $100,000. The billing rates for the two officers are $92/hour. Code Enforcement Vacancy: With the recent vacancy, the Code Enforcement Division will need additional support to respond to complaints about various code matters. The Housing Inspection Program (HIP) is the major function of the Code Enforcement Division, as the majority of the Division's funding is derived from the fees taken in from apartment buildings. However, aside from the HIP, which equals about 2 full time equivalent employees, the City still receives over 350 public complaints annually about a variety of code enforcement matters, ranging from illegal units, fences, signs, overgrown weeds on private property and other nuisances. During the period of this vacancy, the Division will need some help to absorb some of the public complaints. Therefore, the contract code enforcement officer will provide an interim solution to assist the Division in absorbing the case load. The contract is proposed to be up to 1 year, and $70,000, which represents one year of salary and benefits for the vacant position. Staff notes that although the contract is drafted to be for up to 1 year, we do not anticipate using the consultant for that long. The reason the one year is proposed is in case the City has difficulty recruiting and hiring a qualified employee. This gives staff the flexibility to use the consultant without having to come back with a contract amendment. The funding for this contract position will be from salary savings. The consultant will only be used while there is a vacancy and once a regular employee is hired, the consultant will not be utilized. It is proposed that the same firm, CSG Consultants, provide the massage inspection services as well as the contract code enforcement staff. This will provide for more efficiency and less training on city practices and protocols. AEL CITY COUNCIL AGENDA REPORT / Page: 3 FISCAL IMPACT: Execution of the Agreements for Professional Planning Services would not result in a significant fiscal impact to the City. The $100,000 contract for the massage ordinance enforcement/implementation would be funded through the previously allocated one time monies adopted as part of the set aside from available resources at the end of 2012-13. The contract for the Massage Ordinance services would be within the maximum allocation set aside by the Council. Salary savings will cover the charges for the on-going Code Enforcement Services. The vacant Code Enforcement Officer Position is authorized in the budget for $73,000/year (salary + benefits) and the contract to temporarily fill this vacancy would not exceed that amount and once an employee is hired, the consultant would not be utilized anymore. OPTIONS: The following options may be considered by the City Council: 1. Authorize the City Manager to execute both Agreements for Professional Code Enforcement Services with CSG, Inc; or 2. Authorize the City Manager to execute only one of the two Agreement; or 3. Delay the execution of the Agreements for Professional Services, and provide direction to staff. ACTION REQUIRED: It is recommended that the City Council adopt the attached resolutions. ATTACHMENTS: 1. City Council Resolution, with attached Agreement for Professional Code Enforcement Services with CSG for Massage Ordinance Enforcement/Implementation. 2. City Council Resolution, with attached Agreement for Professional Code Enforcement Staffing Services with CSG to fill a vacancy during the recruitment process. RESOLUTION NO. 13587 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CODE ENFORCEMENT SERVICES WITH CSG CONSULTANTS, INC, (CSG) TO PROVIDE CODE ENFORCEMENT SERVICES FOR MASSAGE ORDINANCE ENFORCEMENT /IMPLEMENTATION. (Term of Agreement: 1 year from start date, with a total budget amount not to exceed $100,000.00). WHEREAS, the City has determined that the growing number of massage establishments need to be regulated and inspected to ensure compliance with the City's Massage Ordinance; WHEREAS, the City of San Rafael has determined that interim Code Enforcement services are needed to provide implementation and enforcement of the City's Massage Ordinance; and WHEREAS, the Police Department, the department tasked with the enforcement of the Massage Ordinance, does not have adequate staffing to perform those functions; and WHEREAS, it was determined that as a temporary solution, the Community Development Department, Code Enforcement Division, would bring on outside professional Code Enforcement Services to perform a one year trial on the complete implementation of the Massage Ordinance; and WHEREAS, at the City's request, CSG Consultant, Inc. (Consultant) has submitted a Proposal to the City of San Rafael for Code Enforcement Services for Massage Ordinance Enforcement/Implementation, dated July 19, 2013, including a list of anticipated activities/tasks and the hourly rate for performance of these services, and said proposal is attached to the Agreement for Professional Services; and WHEREAS, the costs associated with the Consultant's interim professional Code Enforcement Services have been set aside and allocated by the City Council from available resources at the end of the 2012/2013 fiscal year as one time monies for this task. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City, an Agreement for Professional Code Enforcement Services with CSG Consultants, Inc. in the form attached herewith. a j 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 the City of San Rafael, held on Monday, the 19th of August, 2013, by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk Exhibit A Agreement for Code Enforcement Services for Massage Ordinance/Implementation between City of San Rafael and CSG Consultants, Inc. with attached Proposal to the City of San Rafael for Code Enforcement Services for Massage Ordinance Enforcement/Implementation, dated July 19, 2013, 2 0 AGREEMENT FOR CODE ENFORCEMENT SERVICES FOR MASSAGE ORDINANCE ENFORCEMENT /IMPLEMENTATION This Agreement is made and entered into this 19t' day of August, 2013 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the City Council has identified a concern with the proliferation of massage establishments in the CITY and concern with their appearance and compliance with the City's regulations pertaining to massage establishments (Section 10.90 of the San Rafael Municipal Code); WHEREAS, the Department tasked in SRMC 10.90 to implement the Ordinance (Police Department) does not have the staffing resources to fully implement the ordinance; WHEREAS, it was determined that Community Development Department (Code Enforcement Division) was better suited at this time to be the lead Department in overseeing this enforcement. The City Council authorized Community Development Department to pursue a 1 year pilot program to implement/enforce the Massage Ordinance. In order to support this undertaking, the City Council has allocated a I year budget to hire a consultant for this task; WHEREAS, the CITY issued a Request for Proposal on July 5, 2013 to solicit proposals from contractors to provide this service; WHEREAS, CONTRACTOR has submitted a proposal titled Proposal to the City of San Rafael for Code Enforcement Services for Massage Ordinance Enforcement/Implementation, dated July 19, 2013 to the City of San Rafael to provide these services (attached hereto as Exhibit A, and incorporated herein by reference); and WHEREAS, CITY desires to retain CONTRACTOR to perform professional code enforcement services as it relates to the enforcement of massage ordinance; and WHEREAS, CONTRACTOR represents that their firm and the personnel they will provide to the CITY are qualified to perform such services and is willing to perform such professional services as hereinafter defined. Version 2-15-11 1 AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Planning 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. Robert Cushing is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written approval of the PROJECT MANAGER. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A" attached hereto and incorporated herein as well as other duties as assigned by Project Manager necessary to enforce and implement the City's Massage Ordinance. In addition, CONTRACTOR will develop metrics and track these metrics to report back to PROJECT MANAGER on effectiveness of this one year program. It is expected that CONTRACTOR will provide two code enforcement officers and between the two, they will work approximately 20- 35 hours a week. Work in excess of a total of 35 hours a week (total for all contract staff working on behalf of CONTRACTOR) shall require prior authorization of the Project Manager; 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: a) Provide work space for CONTRACTOR, b) provide general direction and support to CONTRACTOR; c) provide legal assistance to develop administrative enforcement cases; and d) provide Police Department escort or backup if needed and necessary. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as specified in Exhibit "A", in a total amount not to exceed $100,000. 2 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 1 year, commencing on September 1, 2013 and ending on August 30, 2014. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for an additional period of 1 year, if the total budget authorized by this agreement has not been exceeded and the City decides to continue the program. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties 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 tally cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. 3 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. An automobile liability insurance policy, for owned, non -owned, and hired vehicles, 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 in Subparagraph A above, shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 2. Except for professional liability insurance, the insurance policies shall provide in their text or shall be specifically endorsed to name the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies, and to provide that 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. 3. CONTRACTOR shall provide to City's Project Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) text from the insurance policies or the endorsements as specified in Subparagraph B(2). 4. 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 Project Manager. 5. 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. 4 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. 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 Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. A. Except as provided in Subparagraph 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 LA"V'S. 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 perfonn all services under this Agreement in accordance with P 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 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: Raffi Boloyan, Project Manager Community Development Department City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Robert Cushing, Code Enforcement Manager (Project Director) CSG Consultants, Inc 1700 South Amphlett Blvd,.) Floor San Mateo, CA 94402 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as 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. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the 6 0 subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. 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. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing 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. 20. 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. 21. 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 7 completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ,e ANC,Y MA�CKLI., City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTE City ttorney CONTRACTOR f By: Title Exhibit A: Proposal to the City of San Rafael for Code Enforcement Services for Massage Ordinance Enforcement/Implementation, July 19, 2013 8 PROPOSAL TO THE FOR Code Enforcement Services for Massage Ordinance Enforcement /Implementation PREPARED BY CSG Consultants., Inc. July 19, 2013 CSG Consultants, Inc. 1 1700 Amphlett Blvd. Suite 300 1 San Mateo, CA 94402 Phone (650) 522-2500 1 Fax (650) 522-2599. www.csgengr.com San Mateo • Pleasanton • Newman • Sacramento • Salinas • Santa Ana /j July 19, 2012 City of San Rafael 1400 Fifth Avenue P.O Box 151560 San Rafael, CA 94915-1560 Attn: Mr. Raffi Boloyan, Planning Manager Re: On -Call Code Enforcement Services — Massage Ordinance CSG is pleased to provide this proposal for contractual code enforcement services for up to a one year period to enforce and implement the City of San Rafael's Massage Ordinance. CSG has a thorough understanding of the needs of communities such as San Rafael, building upon our many years of experience providing code enforcement services in a wide variety of settings and geographical areas. We specialize in developing code enforcement programs tailored to bringing communities together and resulting in a lasting partnership with the public. Our inspectors are self- reliant, open-minded decision makers who are eager to help the City of San Rafael enforce the massage ordinance. Robert L. Cushing will serve as Project Manager for this contract. Our office and contact information is as follows: Robert L. Cushing I Code Enforcement Manager 1700 South Amphlett Boulevard 1 3rd Floor San Mateo, CA 94402 (650) 522-2500 Phone 1 (650) 333-0854 Cell robertc@csgengr.com We look forward to extending our services to the City of San Rafael and are available to answer any questions you may have regarding our services and staffing. Sincerely, Cyrus Kianpour, P.E., P.L.S. President, CSG Consultants, Inc. 17017 South Arrgphlett ESouIF'vaccl„3 "Floor; San Mateo, C/1 94402 Phone: 650-522-2500; Fax: 650-522-2599 Email cs ;staff r@c, ren ,r corn; Online at www.csgwebsite.com ”" SECTION I Firm Structure and Background...............................................................................................................1 SECTI0W 2 Code Enforcement Experience and Capabilities..........................................................................2 SECTION 3 Project Understanding and Approach.................................................................................................4 SECTION 4 Personnel.................................................................................................................................................................. s SECTION S References................................................................................................................................................................6 S E C T 1 0 N 6 FeeSchedule...........................................................................................................................................................6 SECTION 7 Insurance & Additional Information.....................................................................................................7 SECTION €I StaffProfiles............................................................................................................................................................7 0 0 CSG Consultants, Inc. (CSG) is a California company with our corporate office located in San Mateo. Additional support is available from our other offices in Pleasanton, Sacramento, Santa Ana, Newman, and Salinas. We furnish a wide range of municipal services, from comprehensive development reviews and management, design for capital improvement projects and assistance with master -planning, to staff augmentation including comprehensive City Engineer and City Surveyor services. The majority of the 150+ individuals within our firm have provided public agency services throughout their careers. Our talented personnel bring a wealth of ideas and experiences having provided similar services with communities dealing with the same challenges as the City of San Rafael. Our staff consists of plan review engineers, surveyors, program and project managers, construction managers, inspectors, and specialized planning, information technology, and sustainability professionals. The following represents a brief summary of ourfirm. Firm Summary NAME OF FIRM: CSG Consultants, Inc. PROJECT MANAGER: Robert L. Cushing I Code Enforcement Manager CORPORATE OFFICE: 1700 South Amphlett Boulevard 13rd Floor San Mateo, CA 94402 (650) 522-2500 phone (650) 522-2599 facsimile www.csgwebsite.com info@csgengr.com REGIONAL OFFICES: 1257 Quarry Lane I Suite 100 1 Pleasanton, CA 94566 801 Park Center Drive I Suite 230 1 Santa Ana, CA 92705 1247 Main Street I Newman, CA 95360 21 West Alisal Street I Suite 108 1 Salinas, CA 93901 225 Eighth Street I Suite 425 1 Sacramento, CA 95814 YEARS IN BUSINESS: 22 NUMBER OF EMPLOYEES: 150+ TYPE OF BUSINESS: Corporation I Federal ID No.: 91-2053749 Overview of CSG's Code Enforcement Experience CSG has been providing code enforcement services to its municipal clients for 10 years. Our code enforcement specialists work to identify code violations and engage stakeholders and responsible parties to correct code violations consistent with municipal and state codes as well as the specific needs of our clients. Codes and ordinances enforced include: • Zoning codes • Building codes • Housing codes • Public nuisance codes • State health & safety codes CSG code enforcement staff members are fully trained, licensed and certified through California Association of Code Enforcement Officers (CACEO) and National Environmental Health Association. (NEHA) for any code enforcement challenge presented. Our code enforcement officers have experience and capabilities in the following key code enforcement areas: • Code enforcement program review and analysis • Code enforcement inspections • Preparing administrative remedies including administrative citations • Conducting administrative hearings • Preparing program documentation and staff reports as well as committee and City Council presentations • Testifying on behalf of clients in criminal court • License and permit application review and processing • Coordination of activities with multiple departments including Building, Planning, Community Development, Police and City Attorneys • Providing information on municipal regulations to property owners, residents, businesses, the general public, as well as to city departments and divisions Although a majority of our results are gained by voluntary compliance, our services include a full range of code enforcement activities, including: • Enforcing administrative abatement • Testifying in public hearings and court proceedings on behalf of the city • Facilitating settlement agreements • Recommending changes to the code • Appearing as expert witnesses Statement of Direct Experience The following are examples of experience related to the scope of work for the City of San Rafael contract: Town of Los Altos Hills. In 2009, CSG executed a two-year contract with the Town of Los Altos Hills as a follow-up to civil action resulting in loss of life From falling eucalyptus trees. Working in conjunction with a certified arborist, we catalogued all designated trees and implemented and enforced a tree removal program. The program was especially sensitive due to the personal injury civil action and the resulting financial responsibility for physical removal of the trees by property owners. Less than one percent of Los Altos Hills property owners ultimately took issue with the enforcement program. County of Monterey. In 2011, CSG executed a two-year contract with the County of Monterey to analyze and redesign its code enforcement program. CSG published its findings in a "Review of Code Enforcement Policies and Practices in Monterey County." The project resulted in significant changes to the program including: eliminating the ineffective state mediation service, increasing administrative program oversight, addition of new inspectors, elimination of out- dated cases, and an improvement in penalty collection procedures. Service Principles Our long-time experience in furnishing comprehensive municipal services to jurisdictions provides a consistent, strong technical foundation for all projects—from sensitive yet strategic code enforcement decisions to accurate, thorough reporting procedures, CSG will deliver quality services to the City of San Rafael. CSG emphasizes the following principles on all projects: 4 Accomplished customer service. We clearly understand the importance of our role in the success of your City and commit to providing your citizens and businesses as well as your staff with the highest level service. Concentrated focus on cost-saving approaches and methods. Because we proudly serve many municipalities and agencies, we are constantly improving and adapting our services to be able to save your city precious dollars. We share a wealth of recommendations from our varied experience with other communities and clients to help keep your budget �n healthy and on track. Customized, responsive services. We are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. We can quickly fine-tune staff or staffing levels to match your needs while maintaining the highest level of customer service. We hand pick staff uniquely qualified and experienced to deliver the exact services requested. Fully committed and qualified personnel. Each member of our staff is fully licensed and certified at the highest level of industry standards. 0 100,1111 Mailr e Code enforcement activities are a crucial service in San Rafael to ensure not only public health and safety but also to enhance economic development and ensure community preservation and well-being throughout the City. CSG proposes to provide services to address the City of San Rafael's particular need for implementation of the City's Massage Ordinance (No. 1890) adopted in November of 2010. Our primary focus for the scope of work will be to further develop and improve the infrastructure required for the implementation of the Massage Ordinance and to provide field inspection, investigation and administrative services designed to implement the components of the program. CSG's involvement in enforcement of this ordinance will address the key issues and needs identified by the City in its enforcement efforts to date: part-time staffing, business ownership turnover, safety concerns, mitigating risk of unfounded allegations, and access during normal (evening) massage business hours. CSG's approach to implementation will involve utilizing established code enforcement practices and procedures tailored to the City's specific needs. In addition to the aforementioned key issues, the City has, in its Scope of Work, clearly described the primary code enforcement tasks, including specific services to be rendered and expected work products to be delivered. CSG's initial approach will include development of a work plan that will key off of these ordinance implementation tasks and be informed by an initial project meeting with key City staff from all involved departments. It is expected that initial work plan tasks following this project meeting will include, at a minimum: gaining familiarity with existing massage businesses through review of case files and CRW Trakit case histories (including the two rounds of inspections of approximately thirty massage businesses), State certification database records, communications with staff, and a complete survey of all business locales; confirming City and department enforcement policies, developing appropriate program communications; establishing meeting schedules with all involved departments/individuals; confirming reporting procedures; identifying performance metrics to be tracked; and establishing an initial inspection plan. With this groundwork in place, CSG will then proceed with the formal inspection program. To determine if ordinance requirements are being met, inspections will follow guidelines and standard observation techniques typically used in code enforcement including, for example, unannounced visits with massage business owners at their place of business during regular business hours, employee interviews, and review of documentation such as posted licenses and certifications. CSG's code enforcement officers are trained to conduct careful observations during inspections, maintain a high level of professionalism, and to complete inspections in a timely and efficient manner. A checklist based on the specific ordinance requirements will be developed and utilized to ensure efficient and thorough inspections. The checklist will include, for example, determining if: the business is open for walk in customers, exterior doors are not locked (otherwise necessitating telephone contact), window shades are not drawn, therapy room doors are incapable of being locked, employees are properly attired, adequate lighting is in use, specific health and safety practices are in place, and other requirements of legitimate massage business operation as identified in the ordinance are being met. Inspections that result in determinations of violations will be acted upon through warning notices, administrative citations or abatement actions, or referrals to the City Attorney. 4 To address the City's needs, CSG proposes to furnish two (2) part time code enforcement officers to implement the Massage Ordinance and enforce Municipal Code compliance for up to a one (1) year period. The officers will work a maximum of 35 hours total per week between them unless additional hours are approved by the City. Additional staffing and resources can also be quickly accessed through our Bay Area offices as required. As directed in the RFP, one lead Code Enforcement Officer will focus on managing and administering the program and will serve as the primary contact with the City. This officer will be available during typical work hours during the week on selected days as agreed upon with the Planning Manager. The lead officer will participate in City meetings with supervisors and key staff From other departments. A second Code Enforcement Officer will work a variable schedule, fewer hours per week, and will be primarily assigned to conduct inspections of massage facilities during the day, at night or on the weekend. When necessary, the administrative/lead Code Enforcement officer will accompany this officer during field inspections. CSG's Code Enforcement Manager will conduct frequent reviews of the inspectors' progress and will review all evidence and documents with a bearing on a case as well as the inspectors' responses and resolutions of cases. With input from the code enforcement officers, he will recommend and, with approval, initiate changes that address specific problems or that will produce a more efficient and effective program for the City. The Code Enforcement Manager will participate in team meetings with members of City departments as needed and will be available to accompany inspectors, police officers, and staff as well as representatives of other agencies on field visits when needed. Additionally, he will attend City Council and Council committee meetings when necessary. Our staff understands the zoning development approval process because we work side-by-side with local communities building and improving these very systems. CSG researches the necessary resources specific to any project on which we propose and carefully selects key professionals for each project. All proposed personnel are highly skilled and experienced—understanding the policies and procedures necessary for streamlined services and superior customer care. The following team members will be assigned to this project: • Robert Cushing, Code Enforcement Manager • Lamonte Mack, Code Enforcement Lead Officer • Anna Vanegas, Code Enforcement Officer • Jack Nixon, Program Analyst (as needed) Code enforcement staff profiles are included within this proposal for your review. 5 CSG has over 22 years experience in the provision of professional municipal services to jurisdictions throughout California. Our track record of success with our clients is outstanding and we encourage you to contact our references with any questions or clarifications you might require. The following references are examples of communities where we provide code enforcement services. City of Marina Christine di lorio Director Community Development Department 209 Cypress Avenue Marina, CA 93933 831-884-1220 Code Enforcement Services since March 2007 Town of Los Altos Hills Carl Cahill City Manager 26379 Fremont Road Los Altos Hills, CA 94022 650-947-2515 Code Enforcement Services for 2008-2009 Administrative Hearing Officer Services since 2008 Town of Atherton George Roderiks City Manager 91 Ashfield Road Atherton, CA 95678 650-752-0500 Code Enforcement Services since 2007 6'. Fee Schedule The fee schedule for the proposed one (1) year period of work is as follows: Code Enforcement Services Description Hourly bate Code Enforcement Officer/ Related Support Personnel ................................... $92 Hourly rates include overhead costs including, but not limited to, salaries, benefits, workers compensation insurance, and travel and office expenses. A Insurance Coverage As requested, the following is our general, automobile and professional liability coverage's which meet the City's requirements: Coverage WORKERS COMPENSATION: COMMERCIAL GENERAL LIABILITY: AUTOMOBILE LIABILITY: PROFESSIONAL LIABILITY: (Errors and Omissions) Limits of Liability Statutory $1,000,000 each occurrence $2,000,000 aggregate Personal Injury: $1,000,000 each occurrence $2,000,000 aggregate Bodily Injury: $500,000 per person $1,000,000 per accident Property Damage: $100,000 per occurrence $1,000,000 per claim Additional Information CSG has no contracts/agreement terminated for convenience or default within the past three years. Additionally, CSG has no prior or pending litigation. CSG requests no changes to the terms and conditions of the City's Professional Services Agreement. Staff profiles are provided on the following pages. NA ROBERT L. CUSHING Code Enforcement Manager LICENSES / CERTIFICATIONS Registered Environmental Health Specialist 13000 Law Enforcement PC 832 Certificate I Newark Police Department California Community College Credential Various Cal EPA Solid Waste and Environmental Certifications Nt, 10 o B.A. Degree, Environmental Health San Jose State University, San Jose, CA M.A. / MPH Degree, Public Health Education San Jose State University, San Jose, CA Mr. Cushing manages Code Enforcement Services for CSG Consultants, and has over 30 years experience enforcing health and safety codes, the abatement of abandoned vehicles, enforcing local regulations and writing legislation. With expertise in investigation, mediation, conflict management and California Vehicle code violations, Mr. Cushing brings a thoughtful proactive approach to resolving problems. In the cities of Atherton, Marina, and Monte Sereno, Mr. Cushing performs code compliance inspections and periodically reviews the enforcement programs, suggesting changes to make the programs more efficient and cost effective. Mr. Cushing initiated and implemented a dangerous tree enforcement program in Los Altos Hills, and recently audited the Code Enforcement Program for Monterey County which included publishing a "Review of Code Enforcement Policies & Practices in Monterey County." Mr. Cushing serves as Chief Executive Officerforthe Santa Clara County Abandoned Vehicle Authority and oversees an Agency budget of $1.7 million dollars for 15 member cities to operate their abandoned vehicle programs. Prior tojoining CSG, Mr. Cushing worked in San Jose, California's third largest city in a variety of roles including Chief of Code Enforcement, Secretary of the Code Enforcement Appeals Commission and the President of the City of San Jose Management Employees Association. LAMONTE MACK Code Enforcement Officer LICENSES/ CERTIFICATIONS Certified Code Enforcement Officer (Recertification Pending) Animal Law Enforcement Training Academy (Basic & Advanced) Powers of Arrest (PC 832) NCICTraining EDUCATION Administration of Justice, Chabot College, Hayward, CA Mr. Mack has over 12 years of investigation experience enforcing local municipal and zoning regulations related to health and safety codes. Mr. Mack has successfully worked in culturally diverse communities and has expertise in gaining voluntary compliance. Mr. Mack's experience includes mediation, conflict management and investigations with regard to code violations. Prior to joining CSG, Mr. Mack performed code enforcement services for the Cities of Millbrae and Fremont. In this capacity, he enforced municipal code and zoning ordinance violations in the City of Millbrae's business district, proactively pursuing high -visibility issues such a signage, blight, graffiti and maintenance. Mr. Mack's diverse background in code enforcement is based on a proactive approach to resolving code violations. In addition to code enforcement, in the City of San Francisco, Mr. Mack served as a General Manager for the Tenderloin Neighborhood Development Corporation. In this capacity he served as the property manager for a 104 -unit residential hotel, supervised a staff of 11, collected rent, and provided accounting services, budgets and reports for the Corporation while also investigating and mediating incident and crime reports. Mr. Mack served as the Communications Sergeant for the Humane Society of Santa Clara Valley. In this role, he managed a multi -city code enforcement program, investigated vicious dog and animal cruelty issues, and was instrumental in enacting new policies on behalf of the Humane Society. In addition, Mr. Mack wrote a procedures manual for the Humane Society's newly created code enforcement program. Mr. Mack's work as an Animal Control Officer provided experience in patrolling assigned areas and responding to calls for animal control services. Mr. Mack also has experience working for the Housing Authority of Alameda and Santa Clara Counties. As a Resident Manager for The Housing Authority in Alameda County, Mr. Mack performs on-site property manager tasks for the County's Affordable Housing Complex, as well as working to resolve varied community issues on behalf of the County. He provided similar services for Santa Clara County where he conducted inspections of housing units involved in the County's "Section 8" Program. As a Credit/Legal Assistant for Woodmont Real Estate Services in Belmont, Mr. Mack served as the fair housing gauge for 30 apartment communities—using credit reports, public records and financial data to successfully manage them. In addition, Mr. Mack managed collections and evictions for approximately 15 apartment complexes, reconciling collection agency accounts and overseeing the entire collection and eviction process. ANNA VANEGAS Code Enforcement Officer LICENSES and CERTIFICATIONS Certified Code Enforcement Officer) CACEO Law Enforcement PC 832 Certificate EDUCATION Bachelor of Science Degree, San Jose State University I San Jose, CA Ms. Vanegas has 30 years of experience in the field of code and law enforcement. Prior to joining CSG, Ms. Vanegas served for 17 years as a Code Enforcement Inspector for the City of San Jose. Additionally, she served in San Jose's Police Department as a Parking Control Officer and a Police Property Specialist. She is a CACEO certified officer and has completed extensive training in building inspection, zoning enforcement and is qualified to operate the State regulated criminal information system. Ms. Vanegas is past president of "Blue Star Moms," a leading support agency for United States military personnel, and is a confident public speaker, appearing at many speaking engagements and on numerous television and radio programs. Code Enforcement Inspector 1994-2011— City of San Jose, CA Inspection and enforcement of applicable ordinances pertaining to housing, building construction, zoning, land use, signs, health and safety, vehicle and related code enforcement regulations. Parking Control Officer 1986-1994 — City of San Jose / Police Department, CA Enforcement of City parking regulations including towing illegally parked vehicles, issuance of parking citations to violators, assisting officers and citizens, and representing the Police Department in court appearances. Police Property Specialist 1981-1986 — City of San Jose / Police Department, CA Received and disposed of all property and evidence booked into the San Jose Police Department in compliance with the Penal Code. 10 RESOLUTION NO. 13587 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CODE ENFORCEMENT SERVICES WITH CSG CONSULTANTS, INC, (CSG) TO PROVIDE CODE ENFORCEMENT SERVICES FOR MASSAGE ORDINANCE ENFORCEMENT /IMPLEMENTATION. (Term of Agreement: 1 year from start date, with a total budget amount not to exceed $100,000.00). WHEREAS, the City has determined that the growing number of massage establishments need to be regulated and inspected to ensure compliance with the City's Massage Ordinance; WHEREAS, the City of San Rafael has determined that interim Code Enforcement services are needed to provide implementation and enforcement of the City's Massage Ordinance; and WHEREAS, the Police Department, the department tasked with the enforcement of the Massage Ordinance, does not have adequate staffing to perform those functions; and WHEREAS, it was determined that as a temporary solution, the Community Development Department, Code Enforcement Division, would bring on outside professional Code Enforcement Services to perform a one year trial on the complete implementation of the Massage Ordinance; and WHEREAS, at the City's request, CSG Consultant, Inc. (Consultant) has submitted a Proposal to the ('Wiry of San Rafael for Code Ff?fbrc-ementServices for ,,Vf(i,v,v(ige Ordinance Ep?fbi-c,ciiieiitl'lmplementt.ition, dated July 19, 2013, including a list of anticipated activities/tasks and the hourly rate for performance of these services, and said proposal is attached to the Agreement for Professional Services; and WHEREAS, the costs associated with the Consultant's interim professional Code FInforcement Services have been set aside and allocated by the City Council from available resources at the end of the 2012/2013 fiscal year as one time rnonics for this task. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of'San Ral'acl (foes hereby aL1tl1()riZC the City Manager to execute, on behalf ofthe City, an Agreement 1"Or Protessional ode Fnforcci-rient Services with CS(I Consultants, Inc, in the f`61-111 attached herewith. 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 the City of San Rafiael, held on Monday, the 19'h of August, 2013, by the t"ollowing vote, to wit: AYES: Counciln-iembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABS1.`.NT: Councilmembers: None . ...... - - --- - Esther C. Beirne, City Clerk Exhibit A Agreement for Code Enforcement Services for Massage Ordinance/Implementation between City of San Rafael and CSG Consultants, Inc. with attached Proj-)osal to the City qf,San Rqfiie1for Code Eql6rcement&,rvices for Massage Ordinance F,,t?fbt-ceinentllmplementation, dated July 19, 2013, 2 AGREEMENT FOR CODE ENFORCEMENT SERVICES FOR MASSAGE ORDINANCE ENFORCEMENT /IMPLEMENTATION This Agreement is made and entered into this 19'h day of AL�Ust , 2013 by and between the L CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants.,_ Inc. (hereinafter "CONTRACTOR"). UFC1TALS'% WHEREAS, the City Council has identified a concern with the proliferation of massage establishments in the CITY and concern with their appearance and compliance with the City's regulations pertaining to massage establishments (Section 10.90 of the San Rafael Municipal Code); WHEREAS, the Department tasked in SRMC 10.90 to implement the Ordinance (Police Department) does not have the staffing resources to fully implement the ordinance; WHEREAS, it was determined that Community Development Department (Code Enforcement Division) was better suited at this time to be the lead Department in overseeing this enforcement. The City Council authorized Community Development Department to pursue a I year pilot program to implement/enforce the Massage Ordinance. In order to support this undertaking, the City Council has allocated a I year budget to hire a consultant for this task; WHEREAS, the CITY issued a Request for Proposal on July 5, 2013 to solicit proposals from contractors to provide this service; WHEREAS, CONTRACTOR has submitted a proposal titled Projwsal to the 01J, of San Rafael for Code Massage Ordinance Eqtbrceine ntIhn1*171 entat ion., dated July 19, 2013 to the City of San Rafael to provide these services (attached hereto as Fxhibit A, and incorporated herein by reference); and WHEREAS, CITY desires to retain CONTIIACTOR to pertbrin professional code enforcement services as it relates to the enforcement of massage ordinance, and WHEREAS, CONTRACTOR represents that their firm and the personnel they will provide to the CITY" 'ITY are qualified to perforin such services and is willing to perform such prollessional services as hereinafter defined. Versimi 2-15-11 AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJF`,CTCO—ORDfNATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Planning 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 PROJECTI)IRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Robert Cushing is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DlIZEICTOR designee shall be subject to the prior written approval of the PlZOJE'CTMANAGER. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as ciescribed in Exhibit "A" attached hereto and incorporated herein as well as other duties as assigned by Project Manager necessary to enforce and implement the City's Massage Ordinance. In addition, CONTRACTOR will develop metrics and track these metrics to report back to PROJECT MANAGER on effectiveness of this one year program. It is expected that CONTRACTOR will provide two code enforcement officers and between the two, they will work approximately 20- 35 hours a week. Work in excess of a total of 35 hours a week (total for all contract staff working on behalf of CONTRACTOR) shall require prior authorization of the Project Manager; 3. DUIJES Ol'CITY, CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: a) Provide work space for CONTRACTOR, b) provide general direction and support to CONTRACTOR.; c) provide legal assistance to develop administrative cril'orcernent cases; and (1) provide Police Department escort or backup if nceded and necessary. 4. (.'0MPFNSATION. l'or the full performance of the services described herein by CONTRACTOR. CITY shall pay, *ONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as specified in l,'xliibit-/V', in total amount not to exceed $100,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONT RRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 1 year, commencing on September 1, 2013 and ending on August 30, 2014. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for an additional period of I year, if the total budget authorized by this agreement has not been exceeded and the City decides to continue the program. 6. TFRMINATION, L 11 A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt ot'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 aftcr termination. 7. OWNERSI 11P 01, DO(JJMENTS. .. I ...... .... . . ..... "I'he written documents and materials prepared by the (-'ONTRA(.,TOR 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, tor inspection and audit, all dOCLIMC11ts 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 hereiinder 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. An automobile liability insurance policy, for owned, non -awned, and hired vehicles, 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 in Subparagraph A above, shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 2. Except for professional liability insurance, the insurance policies shall provide in their text or shall be specifically endorsed to name the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies, and to provide that 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, 1 CONTRACTOR shall provide to City's Project Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) text 11'rorn the insurance policies or the endorsements as specified in Subparagraph B(2), L- 4. '11ic insLirance 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) (lays written notice to Cit} "s Project Manager, 5. if the insurance is written on a Claims Made Form, then, following termination of this Aoreement, said insurance coverage shall survive for a period of not less than five years. Zil 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The insurance shall be approved as to form and sufficiency by PR(AE'CT 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 Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. A. Except as provided in Subparagraph 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. N QN...Q.1 S.('RIMINATION. 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 Nvith or related to the perl'ormancc of its duties and obligations under this Agreement. 13. COMPLIANCF WHJ I ALL, LAWS. CONTRACTOR shall observe and comply with all applicable 1ederal, state and local laws, ordinances, codes and regulations, in the perl'orniance 01' its ChltiCS in(] obligations Linder this Agreeinent, CONTRACTOR shall perforin all services under this Agreeirient in accordance with L- 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 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: Raffi Boloyan, Project Manager Community Development Department City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Robert Cushing, Code Enforcement Manager (Project Director) CSG Consultants, Inc 1700 South Amphlett Blvd, 3"" Floor San Mateo, CA 94401 16. INI)L P1�;NI)INI' CCiN"I'ICTOR. 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 ot* C:"ONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of C;"IT'Y. 17. AMENDMLN"1"S. A. The terms and conditions of this Agreement, all exhibits attached, and all do(;uments expressly incorporated by r&i-ence, represent the entire Agreement of the parties ,with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINSTDEBTS. 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. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. 'the subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing 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. 20. QQSTS ANI) A`I„l'MNI;Y'S 1, EES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance ofthis Agreement, may recover its reasonable. costs (including claims administration) and attorneys tees expended in connection with such action. 21. QFFY BUSINESS LIQ`NSI°; i O'l'I IER 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). 22. APPl.jCABl,E 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 1� . . . ....... 1NANCY MA(.'Kl.,f,,,, City Manager ATTEST: ESTI-11"R C. BEfRNE, City Clerk APPROVED AS TO FORM: t I .... - ----- - 'I ROBE'RTF. EPS'fi�411- Clity ttorney CONTRACTOR Title: ............... . ..... . - - -- - ------- ------ - - . ............. .. . Exhibit A: Proposal to the City of San Rafael for Code 1..,.'nforcement Services for Massage Ordinance f,rii'()rceiiici,it/iiiipiciiientation, July 19, 2013 PROPOSAL TO THE City of San Rafael FOR Code Enforcement Services for Massage Ordinance Enforcement / implementation PREPARED BY CSG Consultants,, Inc. July 19, 2013 CSG Consultants, Inc. I 1700 Arnphk�tt Blvd. SUite MO I San Mateo, CAP 4402, Phone (650) 522 2.500 1 Fax (650) 522- 2599 wwvv.csgengr-.c(.)n,i San Mateo ® Pleasanton e Newman e Sacramento e Salinas o Santa Ana July 19, 2012 City ufSan Rafael 140OFifth Avenue P.OBox 1S1560 San Rafael, [A9491S-1S60 At n: Mr. Raffi8o|nyan,Planning Manager Re: On -Call Code Enforcement Services — Massage Ordinance [SG is pleased to provide this proposal for contractual code enforcement services for upto o one year period to enforce and implement the City of San Rafael's Massage Ordinance. CSG has a thorough understanding of the needs of communities such as San Rafael, building upon our many years of experience providing code enforcement services in a wide variety of settings and geographical areas. We specialize in developing code enforcement programs tailored to bringing communities together and resulting inalasting partnership with the public. Our inspectors are self- reliant, open-minded decision rnakers who are eager to help the City of San Rafael enforce the massage ordinance. Robert L. Cushing will serve as Project Manager for this contract. Our office and contact information is as Robert LCushing I Code EnhvcementManager 17UOSouth Amph|ettBoulevard 1 3r' Floor San Mateo, CA944O2 (G5O)SZ2-Z50OPhone 1(§50)333-0854 Cell robertc@csgen0r.com We look forward to extending our services to the City of San Rafael and are available to answer any questions you may have regarding our services and staffing. Sincerely, Cyrus Kianpour,P£,P.LI President, CSG Consultants, Inc. ~ zxmsovmAmpueuuou/aao\z Floor; San mateu�cxsw*m Phone: 650 szz'zsoo;Fax: asuszzzsyo smaaoostaff r rzum;oo//oe.it wwwzsgveuute/nm 'Table of Contents SECT ON I Firm Structure and Background ....................... .......................... .............................................................. i SECT10N 7 Code Enforcement Experience and Capabilities..........................................................................2 Project Understanding and Approach.................................................................................................4 ECT10 Personnel.................................................................................................................................................................. s E C T 1 0 H 5 References................................................................................................................................................................6 5ECT10 N 6 FeeSchedule...........................................................................................................................................................6 SE6:T10 N T Insurance & Additional Information. ........................ ................................... ....................................... 7 S E C T I 0 N £1 StaffProfiles............................................................................................................................................................7 em . irm mn a mums w mm nd BaclVound CSG Consultants, Inc. (CSG) is a California company with our corporate office located in San Mateo. Additional support is available from our other offices in Pleasanton, Sacramento, Santa Ana, Newman, and Salinas. We furnish a wide range of municipal services, from comprehensive development reviews and management, design for capital improvement projects and assistance with master -planning, to staff augmentation including comprehensive City Engineer and City Surveyor services. The majority of the 150+ individuals within our firm have provided public agency services throughout their careers. Our talented personnel bring a wealth of ideas and experiences having provided similar services with communities dealing with the same challenges as the City of San Rafael. Our staff consists of plan review engineers, surveyors, program and project managers, construction managers, inspectors, and specialized planning, information technology, and sustainability professionals. The following represents a brief summary of our firm. Firm Summary NAME of HRM: CSG Consultants, Inc. PROJECT MANAGER: Robert L. Cushing I Code Enforcement Manager CORPORATE OFFICE: 1700 South Amphlett Boulevard I 3rd Floor San Mateo, CA 94402 (650) 522-2500 phone (650) 522-2599 facsimile www.csgwebsite.com info@csgengr.com REGIONAL OFFICES: 1257 Quarry Lane I Suite 100 I Pleasanton, CA 94566 801 Park Center Drive I Suite 230 I Santa Ana, CA 92705 1247 Main Street I Newman, CA 95360 21 West Alisal Street I Suite 108 1 Salinas, CA 93901 225 Eighth Street I Suite 42.5 I Sacramento, CA 95814 YEARS IN BUSMESS: 22 NUMBER OF EMPLOYEES: 150+ 'TYRE OF BUSINESS: Corporation I Federal lD No.: 91-2053749 �� Enforcement ����°� ��~����U0=�� �� �w���0�� �������������0��N��Experience��N��� Capabilities Overview of CSG's Code Enforcement Experience CSG has been providing code enforcement services to its municipal clients for 10 years. Our code enforcement specialists work to identify code violations and engage stakeholders and responsible parties to correct code violations consistent with municipal and state codes as well as the specific needs ofour clients. Codes and ordinances enforced include: w Zoning codes • Building codes • Housing codes • Public nuisance codes 0 State health & safety codes CSG code enforcement staff members are fully trained, licensed and certified through California Association of Code Enforcement Officers (CACEO) and National Environmental Health Association (NEHA) for any code enforcement challenge presented. Our code enforcement officers have experience arid capabilities inthe following key code enforcement areas: w Code enforcement program review and analysis • Code enforcement inspections • Preparing administrative remedies including administrative citations w Conducting administrative hearings • Preparing program documentation and staff reports as well as committee and City Council presentations w Testifying onbehalf ofclients incriminal court • License and permit application review and processing � Coordination ofactivities with multiple departments including Building, Planning, Community Development, Police and City Attorneys � Providing information on municipa| regulations toproperty owners, residents, businesses, the general public, aswell astncity departments and divisions Although a majority of our results are gained by Voluntary compliance, our services include a full range of code enforcement activities, including- * Enforcing administrative abatement m Testifying inpublic hearings and court proceedings onbehalf ufthe city m Facilitating settlement agreements m Recommending changes tothe code * Appearing asexpert witnesses a Statement of Direct Experience The following are examples of experience related to the scope of work for the City of San Rafael contract: Town of Los Altos Hills. In 2009, CSG executed a two-year contract with the Town of Los Altos Hills as a follow-up to civil action resulting in loss of life from falling eucalyptus trees. Working in conjunction with a certified arborist, we catalogued all designated trees and implemented and enforced a tree removal program. The program was especially sensitive due to the personal injury civil action and the resulting financial responsibility for physical removal of the trees by property owners. Less than one percent of Los Altos Hills property owners ultimately took issue with the enforcement program. County of Monterey. In 2011, CSG executed a two-year contract with the County of Monterey to analyze and redesign its code enforcement program. CSG published its findings in a "Review of Code Enforcement Policies and Practices in Monterey County." The project resulted in significant changes to the program including: eliminating the ineffective state mediation service, increasing administrative program oversight, addition of new inspectors, elimination of out- dated cases, and an improvement in penalty collection procedures. Service Principles Our long-time experience in furnishing comprehensive municipal services to jurisdictions provides a consistent, strong technical foundation for all projects—from sensitive yet strategic code enforcement decisions to accurate, thorough reporting procedures, CSG will deliver quality services to the City of San Rafael. CSG emphasizes the following principles on all projects: "w Accomplished customer service. We clearly understand the importance of our role in the success of your City and commit to providing your citizens and businesses as well as your staff with the highest level service. Concentrated focus on cost-saving approaches and methods. Because we proudly serve many municipalities and agencies, we are constantly improving and adapting our services to be able to save your city precious` dollars. We share a wealth of recommendations from our varied experience with other communities and clients to help keep your budget healthy and on track. 4^ Customized, responsive services. We are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. We can quickly fine-tune staff or staffing levels to match your needs while maintaining the highest level of customer service. We hand pick staff uniquely qualified and experienced to deliver the exact services requested. Fully committed and qualified personnel. Each member of our staff is fully licensed and certified at the highest level of industry standards. 18 Project Understanding and Approach a . Code enforcement activities are a crucial service in San Rafael to ensure not only public health and safety but also to enhance economic development and ensure community preservation and well-being throughout the City. CSG proposes to provide services to address the City of San Rafael's particular need for implementation of the City's Massage Ordinance (No. 1890) adopted in November of 2010. Our primary focus for the scope of work will be to further develop and improve the infrastructure required for the implementation of the Massage Ordinance and to provide field inspection, investigation and administrative services designed to implement the components of the program. CSG's involvement in enforcement of this ordinance will address the key issues and needs identified by the City in its enforcement efforts to date: part-time staffing, business ownership turnover, safety concerns, mitigating risk of unfounded allegations, and access during normal (evening) massage business hours. CSG's approach to implementation will involve utilizing established code enforcement practices and procedures tailored to the City's specific needs. In addition to the aforementioned key issues, the City has, in its Scope of Work, clearly described the primary code enforcement tasks, including specific services to be rendered and expected work products to be delivered. CSG's initial approach will include development of a work plan that will key off of these ordinance implementation tasks and be informed by an initial project meeting with key City staff from all involved departments. It is expected that initial work pian tasks following this project meeting will include, at a minimum: gaining familiarity with existing massage businesses through review of case files and CRW Trakit case histories (including the two rounds of inspections of approximately thirty massage businesses), State certification database records, communications with staff, and a complete survey of all business locales; confirming City and department enforcement policies, developing appropriate program communications; establishing meeting schedules with all involved departments/individuals; confirming reporting procedures; identifying performance metrics to be tracked; and establishing an initial inspection plan. With this groundwork in place, CSG will then proceed with the formal inspection program. To determine if ordinance requirements are being met, inspections will follow guidelines and standard observation techniques typically used in code enforcement including, for example, unannounced visits with massage business owners at their place of business during regular business hours, employee interviews, and review of documentation such as posted licenses and certifications. CSG's code enforcement officers are trained to conduct careful observations during inspections, maintain a high level of professionalism, and to complete inspections in a timely and efficient manner. A checklist based on the specific ordinance requirements will be developed and utilized to ensure efficient and thorough inspections. The checklist will include, for example, determining if: the business is open for walk in customers, exterior doors are not locked (otherwise necessitating telephone contact), window shades are not drawn, therapy room doors are incapable of being locked, employees are properly attired, adequate lighting is in use, specific health and safety practices are In place, and other requirements of legitimate massage business operation as identified in the ordinance are being met. Inspections that result in determinations of violations will be acted upon through warning notices, administrative citations or abatement actions, or referrals to the City Attorney. 4. Personnel To address the City's needs, CSG proposes to furnish two (2) part time code enforcement officers to implement the Massage Ordinance and enforce Municipal Code compliance for up to a one (1) year period. The officers will work a maximum of 35 hours total per week between them unless additional hours are approved by the City. Additional staffing and resources can also be quickly accessed through our Bay Area offices as required. As directed in the RFP, one lead Code Enforcement Officer will focus on managing and administering the program and will serve as the primary contact with the City. This officer will be available during typical work hours during the week on selected days as agreed upon with the Planning Manager. The lead officer will participate in City meetings with supervisors and key staff from other departments. A second Code Enforcement Officer will work a variable schedule, fewer hours per week, and will be primarily assigned to conduct inspections of massage facilities during the day, at night or on the weekend. When necessary, the administrative/lead Code Enforcement officer will accompany this officer during field inspections. CSG's Code Enforcement Manager will conduct frequent reviews of the inspectors' progress and will review all evidence and documents with a bearing on a case as well as the inspectors' responses and resolutions of cases. With input from the code enforcement officers, he will recommend and, with approval, initiate changes that address specific problems or that will produce a more efficient and effective program for the City. The Code Enforcement Manager will participate in team meetings with members of City departments as needed and will be available to accompany inspectors, police officers, and staff as well as representatives of other agencies on field visits when needed. Additionally, he will attend City Council and Council committee meetings when necessary. Our staff understands the zoning development approval process because we work side-by-side with local communities building and improving these very systems. CSG researches the necessary resources specific to any project on which we propose and carefully selects key professionals for each project. All proposed personnel are highly skilled and experienced—understanding the policies and procedures necessary for streamlined services and superior customer care. The following team members will be assigned to this project: e Robert Cushing, Code Enforcement Manager ® Lamonte Mack, Code Enforcement Lead Officer ® Anna Vanegas, Code Enforcement Officer ® Jack Nixon, Program Analyst (as needed) Code enforcement staff profiles are included within this proposal for your review. 5. References CSG has over 22 years experience in the provision of professional municipal services to jurisdictions throughout Calif orni a. Our track record of success with our clients is outstanding and we encourage you to contact our references with any questions or clarifications you might require. The following references are examples of communities where we provide code enforcement services. City of Marina Christine di|oho Director Community Development Department ZO9Cypress Avenue Marina, CA93933 831'8841220 Code Enforcement Services since March 2007 Town ufLos Altos Nflk Carl Cahill City Manager Z6379Fremont Road Los Altos Hills, CA8402Z 650-947-25I5 Code Enforcement Services for 2UO8'ZO09 Administrative Hearing Officer Services since 2U08 Town of Atherton Georgenodedk City Manager 91Ashfield Road Atherton, CA95678 650'752-0500 Code Enforcement Services since 2007 The fee schedule for the proposed one (1) year period of work is as follows: Code Enforcement Services I.Pescripfloni FiWrly Rate Code Enforcement Officer/ Related Support Personnel . . .......... ........ � , $92 Houdyrates include overhead costs including, but riot Ur'fltedto, salaries, benefits, workers mmp,mehooinsumnoe,a^d*awd and office expenses. FAIRM a �t 1 Insurance Coverage As requested, the following is our general, automobile and professional liability coverage's which meet the City's requirements: Coverage WORKERS COMPENSATION: COMMERCIAL GENERAL LIABILITY: AUTOMOBILE LIABILITY: PROFESSIONAL LIABILITY: (Errors and Omissions) Additional Information Limits of Liability Statutory $1,000,000 each occurrence $2,000,000 aggregate Personal Injury: $1,000,000 each occurrence $2,000,000 aggregate Bodily Injury: $500,000 per person $1,000,000 per accident Property Damage: $100,000 per occurrence $1,000,000 per claim CSG has no contracts/agreement terminated for convenience or default within the past three years. Additionally, CSG has no prior or pending litigation. CSG requests no changes to the terms and conditions of the City's Professional Services Agreement. 8. Staff Proffles Staff profiles are Provided on the following pages. M ROBERT L. CUSHING Code Enforcement Manager LICENSES /CERTIFIurms Registered Environmental Health Specialist 13000 Law Enforcement PCO32Certificate INewark Police Department California Community College Credential Various Cal EPA Solid Waste and Environmental Certifications EDUCATION B.A. Degree, Environmental Health San Jose State University, San Jose, CA M.A./MPH Degree, Public Health Education San Jose State University, San Jose, CA Mr. Cushing manages Code Enforcement Services for CSG Consultants, and has over 3Oyears experience enforcing health and safety codes, the abatement of abandoned vehicles, enforcing local regulations and writing legislation. With expertise in investigation, mediation, conflict management and California Vehicle code violations, Mr. Cushing brings a thoughtful proactive approach to resolving problems. In the cities of Atherton, Marina, and Monte Sereno, Mr. Cushing performs code compliance inspections and periodically reviews the enforcement programs, suggesting changes to make the programs more efficient and cost effective. Mr. Cushing initiated and implemented a dangerous tree enforcement program in Los Altos Hills, and recently audited the Code Enforcement Program for Monterey County which included publishing a "Review of Code Enforcement Policies & Practices in Monterey County." Mr. Cushing serves as Chief Executive Officer forthe Santa Clara County Abandoned Vehicle Authority and oversees an Agency budget of $1.7 million dollars for 15 member cities to operate their abandoned vehicle programs. Priortojoining CSG, Mr. Cushing worked in San Jose, California's third largest city in a variety of roles including Chief of Code Enforcement, Secretary of the Code Enforcement Appeals Commission and the President of the City of San Jose Management Employees Association. LAMONTE MACK Code Enforcement Officer LICENSES / CERTIFICATIONS Certified Code Enforcement Officer (Recertification Pending) Animal Law Enforcement Training Academy (Basic & Advanced) Powers of Arrest (PC 832) NCIC Training EDUCATION Administration of Justice, Chabot College, Hayward, CA Mr. Mack has over 12 years of investigation experience enforcing local municipal and zoning regulations related to health and safety codes. Mr. Mack has successfully worked in culturally diverse communities and has expertise in gaining voluntary compliance. Mr. Mack's experience includes mediation, conflict management and investigations with regard to code violations. Prior to joining CSG, Mr. Mack performed code enforcement services for the Cities of Millbrae and Fremont. In this capacity, he enforced municipal code and zoning ordinance violations in the City of Millbrae's business district, proactively pursuing high -visibility issues such a signage, blight, graffiti and maintenance. Mr. Mack's diverse background in code enforcement is based on a proactive approach to resolving code violations. In addition to code enforcement, in the City of San Francisco, Mr. Mack served as a General Manager for the Tenderloin Neighborhood Development Corporation. In this capacity he served as the property manager for a 104 -unit residential hotel, supervised a staff of 11, collected rent, and provided accounting services, budgets and reports for the Corporation while also investigating and mediating incident and crime reports. Mr. Mack served as the Communications Sergeant for the Humane Society of Santa Clara Valley. In this role, he managed a multi -city code enforcement program, investigated vicious dog and animal cruelty issues, and was instrumental in enacting new policies on behalf of the Humane Society. In addition, Mr. Mack wrote a procedures manual for the Humane Society's newly created code enforcement program. Mr. Mack's work as an Animal Control Officer provided experience in patrolling assigned areas and responding to calls for animal control services. Mr. Mack also has experience working for the Housing Authority of Alameda and Santa Clara Counties. As a Resident Manager for The Housing Authority in Alameda County, Mr. Mack performs on-site property manager tasks for the County's Affordable Housing Complex, as well as working to resolve varied community issues on behalf of the County. He provided similar services for Santa Clara County where he conducted inspections of housing units involved in the County's "Section 8" Program. As a Credit/Legal Assistant for Woodmont Real Estate Services in Belmont, Mr, Mack served as the fair housing gauge for 30 apartment communities --using credit reports, public: records and financial data to successfully manage there. In addition, Mr. Mack managed collections and evictions for approximately 15 apartment complexes, reconciling collection agency accounts and overseeing the entire collection and eviction process. N ANNA VANEGAS Code Enforcement Officer LICENSES and CERTIFICRTIONS Certified Code Enforcement Officer I[A[EO Law Enforcement PCO32Certificate EDUCATION Bachelor of Science Degree, San Jose State University I San Jose, CA Ms. Vanegas has 30 years of experience in the field of code and law enforcement. Prior to joining CSG, Ms. Vanegas served for 17 years as a Code Enforcement Inspector for the City of San Jose. Additionally, she served in San Jose's Police Department as a Parking Control Off icer and a Police Property Specialist. She is a CACEO certified officer and has completed extensive training in building inspection, zoning enforcement and is qualified to operate the State regulated criminal information system. Ms. VaneQasbpast president of "Blue Star Moms," a leading support agency for United States military personnel, and is a confident public speaker, appearing at many speaking engagements and on numerous television and radio programs. Code Enforcement Inspector 1994-Z0l1—City ofSan Jose, C4 Inspection and enforcement of applicable ordinances pertaining to housing, building construction, zoning, land use, signs, health and safety, vehicle and related code enforcement regulations. Parking Control Officer 1986'l994—City ofSan Jose / Police Department, CA Enforcement of City parking regulations including towing illegally parked vehicles, issuance of parking citations to violators, assisting officers and citizens, and representing the Police Department in court appearances. Police Property Speciaiist 1981'l986—City ofSan Jose / Police Department, CA Received and disposed of all property and evidence booked into the San Jose Police Department in compliance with the Penal Code. 0 !� �' DATE (MMIDDNYYY) ,acaRa CERTIFICATE OF LIABILITY INSURANCE �.✓"' 08/05/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 0726293 1-415-546-9300 CONTACT Don Tarantino NAME: _ _ Arthur J. Gallagher & Co. PHON EFAX Insurance Brokers of California, Inc., License #0726293 (AC,No, -Ext)415-536-6617 (A/C,No) 415-536-8627 One Market Plaza, Spear Tower ADDRESS: don tarantino@ajg.com Suite 200 — ------ _ San Francisco, CA 94105 __ _. _ ____ INSURERIS) AFFORDING COVERAGE _ NAICN INSURERA: TRAVELERS PROP CAS CO OF AMER 25674 _..._- ------ ....... INSURED INSURER B: TWIN CITY FIRE INS CO CO 29459 CSG Consultants Inc. Precision Inspection - CSG INSURER C: ARCH INS CO 11150 1700 S. Amphlett Blvd 3rd Floor -INSURER D: San Mateo, CA 94402 INSURER E: COVERAGES CERTIFICATE NUMBER: 35088926 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--- ...... ....... --- "- ADDL $UBR POLICY EFF ' POLICY EXP -_-- LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS A GENERAL LIABILITY X 680294M0850 -TIL -12 12/04/1 12/04/13 EACH OCCURRENCE 5 1,000,000 g COMMERCIAL GENERAL LIABILITY I UAMAUE TO REATrO � PREMISES (Ea occvrewm) I S 1, 000, 000 X I OCCUR CLAIM' MADE! (7GGUR MED EXP (Any onn uen,on) S 10,000 _ PERSONAL & ADV INJURY S 1,000,000 GENERAL. AGGREGATE..... ". S 2,000,000 GENT AGC,REGATE LIM11 APPLIES PCH PRODUI'lS -COMP/OE AGG S 2, 000, 000 Pk1-_..._ X .. -. ._. ... POLICY LOC LOC. A AUTOMOBILE LIABILITY I X SBA -461M7612-12 12 04 1 12/04/13, COMBINED SINC4LE. L..IMEi IEaoc.ident) 1, 000, 000 $ _.._. ..- X ANY AUTO i � � BODILY INJURY (Peer porsnn) I - ALI OWNED CHEDULEO -- - - BODILY INJURY(Pe,r a,cident) -... - -- S Aums AUTOS - Nr)N...OWNED ..XAUTO. � '„ PR PE.RfY DAMAGGr I %tl Att .7.. S F'er rsrr'mie^n, j)_ (. li S A X UMBRELLA uA6 X I:)<;Cf1R CUP294M1060-12 12/04/12 .-- 12/04/13 E<u;H OCCURRENCE ---- S 5,000,000 _ - EXCESS LIAB CLAIMS MAST ' " I AGGREGATE c, 5, 000, 0.0-0 DED RE.TENf[ON S I Following Form $ B WORKERS COMPENSATION X 57WEEP4360-01 12/04/12 S TA - 12/04/13 X WC1 FR AND EMPLOYERS LIABILITY YiN - -- -- - N1 Pr GPRIE rr>RrH A /FXE.CU nvE� ANEIC E.I EA HAC;CIDENY ;,1,000,000 ERrMF. ME4ER E. Ctz'Y'rdFPR :LI1OED1 NIA, i - - -_ _ Mandatory In NH) 11 E LW,EA"',E EA EMPLOYEE S 1,000,000 . Ifyry trScri&re +urd("`r ! DESCCRIF'-CION OF OF"ERA EIC)NS Crelow - - E'il DISEASE.'. � POL CY t.IMI'T' S 1, 000, 000 -. C iProf Liability AEP 004731501 12/04/12 12/04/13 Limit: _ 3M.il/3Mi �� i Retention 50,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) All operations of the Named Insured. Certificate Holder, its agents, employees & volunteers are Additional Insured per attached endorsement. Community Development Department City of San Rafael 1400 5th Avenue San Rafael, CA 9491.5-1560 ACORD 25 (2010/05) jabersan 35088926 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORQED REPRESENTATIVE USA Q-) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680-294MO850-TIL-12 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 10-25-I2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |T CAREFULLY. J�����8�����U�KU U����UU������ ������xuo�*nm�nu~oo�~���n��~�* (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME QPPERSQN(S)OR ORGANIZATION (S): PER SCHEDULE ON FILE WITH AGENT PROJECT/LOCATION OfCOVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section 11): The person ororganization shown inthe Sched- ule abowaisem additional insured on this Cover- age Part, but only with respect to liability for "bod- ily over-mgaPo¢buton|ywith,ospectbo|iobi|ityfor^bod- ily injury", "property damage" or "personal injury" nauned, in whole or in part, by your outs oromis- sions or the acts or omissions of those acting on your behalf: m. In the performance of your ongoing opera- tions; b. In connect/on with premises owned by or rented hzyou; or c. In connection with "your work" and included within the "products -completed operations hazard" Such person or organization does not qualify as on additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided tosuch additional insured islimited aofollows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The |hnKe of insurance afforded to the addi- tional insured shall be the Umba which you agreed in that "contract oragreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less, This endorsement does not increase the Umhm of insurance stated in the LIMITS OF INSURANCE (Section O|) for this Coverage Pert. B. The following is added to Paragraph a. of 4. Other Insurance in C(JK0K8ERoh4L GENERAL LIABILITY CONDITIONS (Section IV): Howeve/, if you specifically agree in a "contract or agreement requiring inaunanue" that, for the addi- tional insured shown in the Schedule, the insur- ance pmvidedtothotaddihona||nsumdunderthis CGD382O807 �20mrT�"erra.elefncvmpaniao.Inc Page 1o(2 COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 @ 2007 The Travelers Companies, Ina. CG D3 82 09 07 Includes the coppghted material of Insurance Services Office., Inc, with its pcimission GUMMERGIAL GENERAL LIABILITY T11-1118 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -- ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL, LIABILITY C9,/ERAGE PART COMMERCIAL GENERAL LIABILITY CONDITIONS (See(lon IV), Paragraph 4. (Other Insurance), I* amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, If you specifically agree In a written con- tract or written agreement that the Insurance pro- vided to an additional Insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this Insur- ance Is primary to other Insurance that is avaii- able to such additional Insured which covers such additional Insured as a named Insured, and we will not share with that other Insurance, provided that: a. The "bodily Injury" or "property damage" for which coverage Is sought occurs, and b, The "personal injury" or "advattising Injury" for which coverage is sought arises out of an of - Wise committed subsequent to the signing and execution of Jlhat contract or agreement by you, 2. Tho first Subpaiagrapti (2) of Paragraph b. Ex- cess Inquranco regarding any other primary In- surance available to you is deleted. 3. The following Is added to Paragraph Is. Excoos Insurance, as an additional subparagraph under Subparagraph (1): That is available to the Insured when the Insured Is added as an addltlonal-insured under any other policy, Including any umbrella or excess policy. CG DO 37 04 05 H05 rho E.t. Ro,fl I'ro,,,cflors Companter,, Ine All ngiVs ref,'Orved, Pago 1 of I r M 0 1-4 0 n 0 rh d+ P4 w r in N O 0 Ln r4 4C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS P licy Number: 57 WE EP4360 Endorsement Number: Effectiv Date: 12/04/12 Effective hour is the same as stated on the Information Page of the policy. Nam d Insured and Address: CSG CONSULTANTS INC 1700 S AMPHLETT BLVD 3RD FL SAN MATEO, CA 94402 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION 1 PARTS ONE and TWO 01 We Will Also Pay PART -THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 06 Employers' Liability Stop Gap Coverage A, Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming Form WC 99 03 03 B Printed In U.S.A. (Ed. 8100) Process bat : 10/09/12 PAGE 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 R EAGE B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers' Liability insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How This Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation H. Endemic Disease 05 Longshore and Harbor Workers' Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered States Page 1 of 6 Policy Expiration Date: 12/04/13 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. W Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Wili Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and S. expenses we incur. PARTTHREE 2. How This Insurance Applies Paragraph 4. of A. How This Insuranc Appif s of Part 3 (Other States Insurance) is replaced by the following; 4. If you have work on the effective date of this policy in any state not listed in Item 3.A, of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE S. Voluntary Compensation Insurance A. H w This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. f. The bodily injury must be sustained by any officer or employee not subject to the J-1 lfyworevauviiperi5atfure aw oanState shown in Item 3.A. of the Information Page. 2. The bodily Injury must arise out of and in the course of employment or incidental to work in a state shown In Item 3.A, of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily Injury by disease' must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 16 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 officer's or employee's employment. The If the persons entitled to the benefits of this officer's or employee's last day of last insurance make a recovery from others, they exposure to the conditions causing or must reimburse us for the benefits we paid aggravating such bodily injury by disease them. must occur during the policy period. F. Employers' Liability Insurance B. W Wilf Pay Part Two (Employers' Liability Insurance) Ws will pay an amount equal to the benefits applies to bodily Injury covered by this that would be required of you as If you and endorsement as though the State of your employees were subject to the workers' Employment was shown in Item 3.A. of the compensation law of any state shown in Item Information Page. OD 3.& of the information Page. We will pay This provision 6. does not apply in New Jersey or o those amounts to the persons who would be Wisconsin. entitled to them under the law. o EMPLOYERS' LIABILITY STOP GAP COVERAGE C. Exclusion 6. Employers' Liability Stop Gap Coverag This insurance does not cover: A. This coverage only applies in Montana, North 1. any obligation imposed by workers' Dakota, Ohio, Washington, West Virginia and %D compensation or occupational disease law Wyoming, rn or any similar law. B. Part One (Workers' Compensation Insurance) W 2. bodily Injury intentionally caused or does not apply to work in states shown in aggravated by you. Paragraph A above. N CD S. officers or employees who have elected C. Part Two (Employers' Liability Insurance) Ln not to be subject to the state workers' applies in the states, shown in Paragraph A., + compensation law. as though they were shown in Item 3.A. of the on 4. partners or sole proprietors not covered Information Page. imam under the Standard Sole Proprietors, D. Part Two, Section C. Exclusions is changed Imam � Partners, Officers and Others Coverage by adding these exclusions. Endorsement. This insurance does not cover; slam1111111011111 D. Before We Pay 5. bodily injury Intentionally caused or Before we a benefits to the arsons entitled pay p aggravated by you or in Ohio bodily injury to them, they must: resulting from an act which is determined 1. Release you and us, In writing, of all by an Ohio court of law to have been responsibility for the injury or death. committed by you with the belief than an 2. Transfer to us their right to recover from Injury is substantially certain to occur. i others who may be responsible for the However, the cost of defending such Injury or death. claims or suits in Ohio is covered. 3. Cooperate with us and do everything 13. bodily injury sustained by any member of 01= necessary to enable us to enforce the right the flying crew of any aircraft. to recover from others. 14. any claim for bodily injury with respect to _ slam If the persons entitled to the benefits of this which you are deprived of any defense or insurance fall to do those things, our duty to defenses or are otherwise subject to 2111011 pay ends at once. if they claim damages from penalty because of default In premium am you or from us for the injury or death, our duty under the provisions of the workers' to pay ends at once, compensation law or laws of a state � E. Recovery From Others shown in Paragraph A. E. This Insurance applies to damages for which 1f we make a recovery from others, we will you are liable under West Virginia Code Annot. keep an amount equal to our expenses of $23-4-2, recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 EXTENDED OPTIONS 1. Empf yens' Liability Insurance 4. Item 32. of the information Page is replaced by the following: B. Employers' Liability insurance: 1. Part Two of the policy applies to work in each state listed in item 3.A. 2. 3. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000„ Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 In California. Unint ntional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the Inception date of your policy, we shall not deny coverage under this policy because of such failure. Waiver of Our Right To Recover From Others A. We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B. This provision 3. does not apply in the states of Pennsylvania and Utah. Foreign Voluntary Compensation and Employers' Llability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1, The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed In Exclusion CA. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's fast exposure to those conditions of your employment must occur during the policy period. B. We WIN Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you If you and your officers or employees were subject to any workers' compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3.A. of the information Page. C. Exclusions This Insurance does not cover: 1. any occurrences in the United States, Canada, and any country or jurisdiction which Is the subject of trade or economic sanctions Imposed by the laws or regulations of the United States of America in effect as of the Inception date of this policy. 2. any obligation Imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily injury Intentionally caused or aggravated by you. Farm WC 99 03 03 B Printed In U.S.A. (Ed. 8/00) Page 4 of 6 4, liability for any consequence, whether direct or Indirect, of war, invasion, act of Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, Insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference Is made thereto. of America necessarily Incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee if In good health, or 2, in the event of death, to the amount by which such expenses exceed the normal cost of returning the officer or employee If alive and in good health. In no event shall our reimbursement exceed the bodily Injury by accident limit shown in Item 3.13. of the information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word "disease" includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers' compensation law. 5. Longshore and Harbor Workers' Compensati n Act Coverage General Section C. Workers' Compensate n Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named In Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Foran WC 99 03 03 B Printed in U,S.A (Ed. 8/00) Peg 6 16 D. Before We Pay wBefore we reimburse you for the benefits to the persons entitled to them, you must have them: 0 1. release you and us, in writing, of all r, responsibility for the Injury or death, 0 2. transfer to us their right to recover from 0 others who may be responsible for their injury or death, 3. cooperate with us and do everything necessary to enable us to enforce the right Ln N to recover from others. Ln If the persons entitled to the benefits paid fail rq to do these things, our duty to reimburse ends at once. If they claim damages from us for the Injury or death, our duty to reimburse ends at Now once. E. Recovery From Others If we make a recovery from others, we will Mass keep an amount equal to our expenses of recovery and the benefits we reimbursed. We IMM will pay the balance to the persons entitled to it. If persons entitled to the benefits make a recovery from others, they must repay us for _ the amounts that we have reimbursed you. F. R imbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay the loss or expense in money after trial, or 11110— 2. secure our consent for the payment of the loss or expense. G. Repatriation r Our reimbursement Includes the additional EM expenses of repatriation to the United States of America necessarily Incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee if In good health, or 2, in the event of death, to the amount by which such expenses exceed the normal cost of returning the officer or employee If alive and in good health. In no event shall our reimbursement exceed the bodily Injury by accident limit shown in Item 3.13. of the information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word "disease" includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers' compensation law. 5. Longshore and Harbor Workers' Compensati n Act Coverage General Section C. Workers' Compensate n Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named In Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Foran WC 99 03 03 B Printed in U,S.A (Ed. 8/00) Peg 6 16 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies In the states listed In this Schedule of Covered States. C. Schedule of Covered States: CA B. If a state, shown In Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply In the new state on the effective date of the state approval. Countersigned by __.__._.___.__.._.___w. Authorized Representative IF m WC 99 03 03 B Printed in U.SA (Ed. 8/00) Page 6 of 6 COMMERCIAL AUTO 'THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ XTCAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fiedbytheendnrsement, GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, Uumuga or medical mxponnmo doendbad in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing in oQenem| cover- age ovepage dmnuhp{|on only. Limitations and exclusions may apply to \hoaw coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED M. AUDVO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE ­ TRANSPORTATION The following isadded to Paragraph A.t.Who Is An Insured, of SECTION N—LIABILITY COV- ERAGE: Any person nrorganization who isrequired under awritten contract oragreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" 000w,n and that is in effect during the policy period, to be named anun addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance ovepeUn.bu(on|yfbrdmmagexhmwhiohthis|nmumnmm applies and only tothe extent that person nror- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11, B. EMPLOYEE HIRED AUTO V. The following is added W Paragraph A.I., Who Is An Insured, of SECTION 0 ABILITY COVERAGE: EQUIPMENT — INCREASED LIMIT 1. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION parfonming dudes related to the conduct of your business. 2. The following replaces Paragraph b.inB.S.. Other Insurance, of SECTION n/— BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cmmp mge, the following are deemed to be cov- ered "autom''you own: (1) Any covered "auto" you |mame. hire, rent orborrow; and (2) Any covered ''au\o"hired orrented by you/ "employee" under a contract in that individual "employee's" nmmw, with you/ pemnission, while perform- ing duties m|m\ed to the conduct of your business. However, any ''auto" that is leased, hined, m/dmd or borrowed with w di1vmrim not a covered "auto". C. EMPLOYEES AS INSURED An °mnpnyoe`ofyours isan "insured" while mpermUn0 o covered "auto" hired nr rentedTheyoUov�ngisaddedhoPmmgmph��1..VWhokm 4n Insured, of SECTION /| ­­LL�E�L1�Y���- under m contract or agreement in that "mm- ' ployma'm^ namm, with your penniaaiom, while o � CA T4280710 zn10The Travelers |nmmnmityCompany. Ali rights reserved Page 1n/3 Includes copyrighted material v/Insurance Services Office, Inc wfmoopermission COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow s-ingmoovnred"oukfyoudnn'tovn.hinmn/bormw inyour business oryour personal affairs. D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS I. The following replaces Paragraph A.2.a.(2)of SECTION W~LIABILITY COVERAGE: (2) Up to $3.000 for cost of ball bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to Nmioh these bonds, 2. The following replaces Paragraph A'2'a.(4)nf SECTION 11—LIABILITY COVERAGE: (4) All mmmonaNm expenses incurred by the "insured" odour request, including mdoa| loss of *ominAo up to $500 o day be- cause oftime off from work. E TRAILERS ~ INCREASED LOAD CAPACITY The following replaces PoroQmpU C.I. of SEC- TUONI—COVERGDAUTOS: 1. "Trailers" with a load capacity of 3.000 pounds or |eau designed primarily for travel unpublic roads. F. HIRED AUTO PHYSICAL DAMAGE The following |sadded toParagraph A.4..Cover- age Extensions, of SECTION |O— PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not onvmn»d "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "outn''. then the Physical Damage Coverage imextended to "autos" that you h|ro, rent orborrow subject to the following: (f) The most we wi8 pay for "loss" in any one "accidmn\" to m hivad, rented or borrowed "autu"isthe lesser of� (a) $50.000: (b) The actual cash value ofthe damaged u| stolen property as of the time of the "loss"; or (c) 'rhe cost of repairing or e|Xmdm0 the damaged or stolen property with other property oflike kind and quality, (2) An adjustment for depreciation and physical uwnd)8mn will be made in determining actual cash Value in the event of a total "loss", (3) If repair or replacement results in better than like kind orquality, wmwill not pay for the amount wfbetterment. [4) A deductible equal to the highest Physical Damage deductible applicable \nany owned covered "auto", (6) This Coverage Extension does not apply to: (s) Any "auto" that is h|nad. *anted or bor- rowed with a driver; or opnowedwdhad/iver;or (b) Any "auto" that is himd, rented or bor- rowed from your "employee" npnowmdhnmynur"annp|nyee" G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES ~INCREASED LIMIT The following replaces the first sentence in Para- graph AA.e', Transportation Expenses, of SECTION 0I — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to o maximum of $1.500 for temporary transportation expense in- curred by you because of the total theft of cov- ered "auto" of the private passenger type. o*ured"moto"of\hephvodnpomowngartype. H. AUDIO, VISUAL AND DATA ELECTRONIC EQWUPMENT—IWCREA@ED LYD8|T Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. L WAIVER OFDEDUCTIBUE—GLASS The following imadded toParagraph O'. Deducti- ble, of SECTION U| — PHYSICAL DAMAGE No deductible fora covered "auto"will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added (nParagraph A.4.. Cover- age ovmpage Extensions, of SECTION UM -- PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to *400 for "loss" to wearing ap- parel and other personal effects which are: p+ponm|andu(horpersono|mffoctowh|uham: (1) Owned byan"insured"; and (2);noronYour covered "auio° This coverage only mNdivo in the event of a total theft ofyour covered °au\o" No deductibles apply to Personal Effects cover- age. uvopage. Page 2of3 (DzmmneTravef*rsIndemnity Company All rights reserved. CAT420 07 10 xwuue ecri/ommcxmaw,muof/nsuf^^cso=ry ices omvm |nowtlinapmmisu^m K. AIRBAGS The following isadded Vn Paragraph B.3.. Exclu- sions, of SECTION O|—PNYS|CAL DAMAGE COVERAGE: Exclusion 3.a- duam not apply to "loss" to one or more airbags in m covered "auto" you own that in- flate due to a cause other than a cause o/ "|omy° me{ forth in Paragraphs A.l.b. and A.I.c, but only: a. If that "auto" is u covered ''uuio^ for Compre- hensive Coverage under this policy; mmpm'hensiveCovonagounder\hispo|icy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1.000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA.. Cover- age mvepm0e Extensions, of SECTION U| — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event cdototal ^|oss'tn o covered "autn" of the private passenger type shown inthe Schedule orDeclarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount ov`emQaiopmvidad.wewiUpayonyunpaidamounk duo on the |eomo or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section n/the policy for that "euho^; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time nfthe lusa^' . (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear orhigh mileage; (c) Security deposits not returned bythe les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the |non or |auso:and (e) Carry-over balances from previous loans or|ea:ao. M. BLANKET WAIVER K3FSNBROGAT|ON The following nop|aooe Paragraph A.6., Transfer Of Rights Of Recovery Against Others To U*, of SECTION I# — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others TmUs VVnwaive any right o[recovery womay have against any person ororganization tothe ew tent required of you by written contract exe- cuted prior to any "accident" or "|oss', pro- vided that the "accident" or "loss" arises out of no'vidodthattha"oonident"or"|nss"mhsmyoudof the opomoUnno contemplated by such cnn- tramt.The waiver applies only tothe person or organization designated insuch contract. CA T4 20 0710 Lc) umoThe Travelers |nmanmlYCompany, All nghmreserved, Page 3of3 lncludes Collyrighted material of Insurance Sewicps Office, Inc, with its, permissi(on. 00`sw DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 08/05/2013 I NAME OF INSURED: CSG Consultants Inc. Precision Inspection - CSG Additio--mal Description of,0p tions/Rernarks fro Pa e 1: Additional Information: SUPP (05/04) PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible ------------- Description Completion 1 c artment City Attorney Review, revise and comment on draft at Si .......... . ..........._ _. a_Rreement. 2 Contracting artment Dcp....�....._...._--agreement Forward final a reement to contractor for LekrvWA -� their signature. Obtain at least two signed -. originals from contractor. _.. -- -- _._ .__.. _ ................__.. - 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval fl q � � necessary (as defined by City AttorneytCity"NN Ordinance*). 4 Cit Attorne Review and approve form of areement bonds, and insurance certificates and sem endorents. _ _.... _.. _ ... .............. r, 1_.. _... 5 - ----. _ _ _. City Manager / Mayor / or _ ._._ .._. _.__ . _ ...... - Agreement executed by CoLiiicil authorized __ Department l -lead ......... ........................... _ ......_ -. I official. — —--------- ------ _ __ _ ... 6 City Clerk City Clerk attests signatures, retains original N agreement and forwards copies to the contracting department. � To be completed by Contracting Department: Project Manager: Rafli Boloyan, C ornrrtunity Develc�nient Project Nate: Code l rif'orc�:rnent Contract Services. for Massa)Ordinance f'rif"orcenlent/lin la�cmentation Agendized for City C:ryotrncil Meeting of (if` necessary): 8/19/13 Ifyou have questions on this process, please contact the City Attorney's Office at 485-3080, * ("otincil approval is regUired if contract is over S20,000 on a cumulative basis. RESOLUTION NO. 13588 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL CODE ENFORCEMENT SERVICES WITH CSG CONSULTANTS, INC, (CSG) TO PROVIDE PROFESSIONAL CODE ENFORCEMENT STAFFING SERVICES TO FILL A VACANCY DURING; THE RECRUITMENT PROCESS (Term of Agreement: up to 1 year, with a total budget amount not to exceed $70,000) WHEREAS, the City of San Rafael has determined that interim code enforcement services etre needed to provide support to the Code Enforcement Division of the Community Development Department during recruitment for recently vacated Crede Enforcement Officer I position within the Division; and WHEREAS, at the City's request, CSG Consultant, Inc. (Consultant) has submitted a Proposal Supplement -- On Call Code Egforeetnent Services, dated July 2.9, 2013, including a list of anticipated activities/tasks and the hourly rate for performance of these services, and said proposal is attached to the Agreement for Professional Services; and WHEREAS, the costs associated with the Consultant's interim professional Code Enforcement services would be paid for from the salary savings from vacant position within the Code Enforcement Division. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City, an Agreement for Professional Code Enforcement Services with CSG Consultants, Inc. in the form attached herewith. 1, F,sther 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 ofthe City of San Rafael, held on Monday, the 19th of August, 2013, by the following vote, to wit: AYES: C'ouncihnembers: Colin, Connolly, Helier, McCullough & Nlayor Phillips NO1S: Councilrnembers: None ABS NI Councilrnembers: None Esther C. Beirne, City Clerk L:;xfaibit A A4oi-cement for Code L.nt arceanent Services for Professional Code L"nfoa-ccmmit StafLing Services between City of San Rafael arad C'SG C'onsultarats, Inc. with attactled Proposal Szrpplerr cw - Oil C"cr// Coda l;nfore�zrnerr! ..Sc rvie�es, dated Juh, 29, 2013. PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible .... . .. . ... Description Completion De artment Date I City Attorney . . ........ - .... ..... . .... Review, revise, and comment on draft 2 Contracting Department Forward fina?agureement to contractor for their signature. Obtain at least two signed .... .... ...... . ori mals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval A necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement.: . .. ......... bonds, and insurance certificates and . . . . ... endorsements. 1 5 City Manager 1 Mayor or Agreement executed by Council authorized PepartncntIlead official. al. City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the . .... . .... . ..... . . . . .. ...... - --- --- -.- . .... .... _contracting department. ------------- . ...... .. . ..... . . . ................. ....... . . . . ...... To be completed by Contracting Department: '-Ale Pro ect Manager: Raffi Bolovan, Comi-nunity Deve1qInji I --l" J Ment ---- e - Project Name: Code Enfbi-cenient Contract Services for Code Enforcement Staffing f Vaca!Lcy Agendized for City Council Meeting of(if necessary): 8/1,9/13 - If you have questions on this process, please contact the City Attorney's ffice at 485-3080. * COLHICil approval is required ifcoiilract is o%,er$20,000 on A CLIML!IatiNe basis. AGREEMENT FOR PROFESSIONAL CODE ENFORCEMENT STAFFING SERVICES This Agreement is made and entered into this 19'' day ofu xust, 20 i a by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants, Inc. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, due to a vacancy in the Code Enforcement Division and given the current workload of staff and the pace of code enforcement complaints, the CITY has determined that professional code enforcement services are needed to supplement existing staffing during the timeframe necessary to complete recruitments for a vacant position within the Code Enforcement Division. 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 Planning 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. Robert Cushing is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written approval of the PROJECT MANAGER. 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "A" attached hereto and incorporated herein as well as other duties as assigned by Project Manager necessary to provide professional code enforcement services to the CITY. It is expected that CONTRACTOR will provide one consistent code enforcement officer to serve for the duration of the time needed for an average of] 5-20 hours a week. Work in excess of a total of 20 hours a week shall require prior authorization of the Propect Manager; Version 2-1 >-1 1 1 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: a) Provide work space for CONTRACTOR, b) provide general direction and support to CONTRACTOR; c) provide legal assistance to develop administrative enforcement cases; and d) provide Police Department escort or backup if needed and necessary. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as specified in Exhibit "A", in a total amount not to exceed $140,000. Payment will be made monthly upon receipt by PROJECT MANAGF"R of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 1 year, commencing on September 1, 2013 and ending on August 30, 2014. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for an additional period of 1 year, if the total budget authorized by this agreement has not been exceeded and the City decides to continue using contract services to fill the vacancy. 6. TI?RMF ATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified parity's allure 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. X.Jpon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRAC"TOR'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. OWNFIRSIIIP OF DOCI.JMFN'l'S. 2 The written documents and materials prepared by the CONTRACTOR in connection with the performarice 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 argent, 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. ASSICINABILITY. 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. An automobile liability insurance policy, for owned, non -owned, and hired vehicles, 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 in Subparagraph A above, shall also meet the following requirements: 1. I-?xccpt for processional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 2. Except for professional liability insurance, the insurance:: policies shall provide in their text or shall be specifically endorsed to nazric the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies, and to provide that 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, 3 3. CONTRACTOR shall provide to City's Project Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) text from the insurance policies or the endorsements as specified in Subparagraph B(2). 4. 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 Project Manager. 5. 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. 6. "The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. 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 Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. A. Except as provided in Subparagraph 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 hinder 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 (idlest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, againstany claim, demand, suit,. judgment, loss, liability or expense of any hind, including attorney's ties, that arises out of, pertains to.. or relates to the negligence, recklessness, or willful rnisconduct of CONTRACTOR in the performance o1` its duties and obligations under this Agreement. 4 1 2. 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, tines 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 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: Raffi Boloyan, Project Manager Community Development Department City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Robert Cushing, Code Enforcement Manager (Project L)irector) CSG Consultants, Inc 1700 South Arnphlett 111W. i"' Floor San Mateo. CA 94402 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as 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. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINS"f DI_?BTS. 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, tees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulatimi. 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 fec, performance, or other consideration which may become due or Cawing 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 regrilGation. 20, COSTS AND ATTORNEY'S 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. 0 T L I 3 �­ 1- 1 N 3 L', /1 OTI­IFR TAXF S. 21. CITY BUSr11Nl',0 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), 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ATTEST: I'S'I'llf"R C. BEIRNE', City Clerk APPROVI"D AS "l'O I,'(-)IZM: ROB] City torney CONTRACTOR By:� Name:__ Title: t,'xhibit A: Proposal Supplement - On Call Code Fnibi-ceinerit Ser ices, R11)" 29, 2013 7 July 29, 2013 City of San Rafael 1400 Fifth Avenue P.0 Box 151560 San Rafael, CA 94915-1560 Attn: Mr. Raffi Boloyan, Planning Manager Re: Proposal Supplement — On -Call Code Enforcement Services At the City's request and as a supplement to our services and fee schedule described in our July 19, 2013 proposal for massage ordinance enforcement, CSG proposes to provide an additional Code Enforcement Officer for general code enforcement duties throughout the City of San Rafael, or in specific program or geographic areas as assigned by the city, for up to five days per week for up to one year. CSG also agrees to extend the contact for this additional officer on a year -by -year basis. The rate for this additional officer will be $85 per hour. Upon approval, CSG will meet with City staff to review qualifications for Code Enforcement Officers from our employee pool to ensure that the City is provided with a journey level officer with the skills necessary to perform the work in San Rafael. This letter also serves to amend an erroneous date on CSG's original proposal cover letter which indicates July 19, 2012 rather than July 19, 2013. Please accept our apologies for any confusion this may have caused. CSG is pleased to provide this proposal for an additional staffing resource, and looks forward to extending our code enforcement services to the City. Sincerely, Cyrus Kianpour, P.E., P.L.S. President, CSG Consultants, Inc. 1/00 South Amphlett Bori[t ✓'ink 3` Floor San Mateo, CA 944f2 Phone 650-522 25007 fix 650 522 2599 Email- csgstaff@ ,geri tr.corn; Online at AON,N csgwe.9h ulte co6T't A I'' CERTIFICATE OF LIABILITY INSURANCE D08/05ATE IDO/Y/20133 08/05 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. 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 0726293 1-415-546-9300 CONTACT NAME: Don Tarantino Arthur J. Gallagher & Co. PHONE -- 415-536-8617 �LAC,xol 415-536-8627 Insurance Brokers of California, Inc., License #0726293 (AIC,N;rW; One Market Plaza, Spear Tower E-MAIL i don taxdntino@aJg.com Jg.COm Suite 200 _ San Francisco, CA 94105 _. ,,, INSURER (SiaFFORDINGCOVERAGE j NAICN -- -..... .... "...... .-.... ._. -.-.. _.._..-. INSURER A: TRAVELERS PROP CAS CO OF AMER 125674 - INSURED INSURERS: TWIN CITY FIRS INS CO CO- 129459 CSG Consultants Inc. Precision Inspection - CSG INSURERC: ARCH INS CO 11150 1700 S. Amphlett Blvd 3rd Floor INSURERD: San Mateo, CA 94402. INSURER E -----___-- INSURER F: CnVFRAGFS CERTIFICATE NUMBER- 35088926 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. INSIR "- "TYPE OF INSURANCE ADOL SUBR"".. -- POLICY NUMBER ---__-- POLICYEFF POLICPOLICY EXP LIMITS LTR A GENERAL LIABILITY X 680294MO850-TIL-12 12/04/1 12/04/13 EACH OCCURRENCE $ 1,000,000 lL COMMERCIAL. GENERAL LIABILITY ._DAMAGE TO RENTED ... f REMISES jEa ocwrrunccrp ..." ___--- $ 1,000, 000 --- _ CLAIMS MADE X� OCCUR MED EXP (Any one person) $ 10, 000 PE RSONAL&ADV INJURY $ 1.000,000 GENERALA06REGATE $ 2,000,000.... GEN'L AGGREGATE L IMI I APPLIES PER PRODUCTS - COMPfOP AGG $ 2, 000, 000 -- POLICY _. 10R X LOG $ A AUTOMOBILE LIABILITY X BA-46IM7612-12 12/04/1 12/ 4 1 COMBINED SINGLE LIMIT LE 0 1, 000, 00 _- - -- a au;alynl) $ _ X---- ANY AUTO I BODILY INJURY (Per pnrsrxt) $ --- ALL OWNED,HEDULED ( "-.. -.-.. BODILY INJURY (Per accident) $ AUTOS AUTOS X -- X - NON OWNED PROPERTY "DAMAGE "" $ ... HIRED AUTOS ,. AUTOS -_ -_--__ (Per s,Locduni) . — A X UMBRELLA HAS X OCCUR CUP294M1060-12 12/04/1 12/04/13 EACHOCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS MADE] --- ...." "" � AGGREGATE $ 5, 000, 000 DED RLIEN"HON —'--�'--r---}----- Following Form_.. $ B WORKERS COMPENSATION i i X '57WEEP4360-01 12/04/1 12104/13 X1 ORYTLLIMITS OLTRH _ AND EMPLOYERS' LIABILITY N� ---- 1 TNEW1: CUTIVE LY"7 000- EL EACH ACi;ILDENi' $ 1,000,000 1 OFFICERMEMBER EXCLUDED'? NIA .. .. ... .... �NYSP�ut7RRiE.TC1IYJPAR In El DISEASE EA EMPLOYEE $ 1, 000, 000, . C scribe under PofatLiabilory D SCRIPTION OF OPE. RATIONS below iit y _ -- .r-- j AEP 004731501 12/04/1 12/04/13 E.L. DISEASE POUCYUMIT $ 1,000,000 _ Limit: 3Mil/3Mi Retention 50,000 1 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) All operations of the Named insured. Certificate Holder, its agents, employees 6 volunteers are Additional insured per attached endorsement. Community Development Department City of San Rafael 5.400 5th Avenue San Rafael, CA 94915-1560 ACORD 25 (2010/05) Jabersan 35088926 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORLZED REPRESENTATIVE USA�`F�GVn - Oc 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 7 7_ COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-294MOB50-TIL-12 ISSUE DATE: 10-25-12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PER SCHEDULE ON FILE WITH AGENT ME PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section 11): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you, or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "properly damage'" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits Of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if YOU specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 ka2007 Pie rfaveiefsCampanjes Inc, Page 1 of 2 Includes the copyrighted material of 118Urance Services Office, Inc , with) its permission COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- nrritiNs (section Ivy We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal Page 2 of 2 injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period ) 2007 the Iraveele is Compames, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc with �t.s permission i F—- 021,W2M)l CUMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISMS COMMERCIAL GENERAL LIABILITY CONDITIONS (Suctlon IV), Paragraph C (0ther insurance), Is amended as follows; 1 The following Is added to Paragraph a. Primary Insurance: [lowevat, If you specifically agree In a written con- tract or written agreement that the Insurance pro- vided to an additional Insured under this Coverage Pad must apply on a primary basis, or a primary and non-contributory basis, this Insur- ance 16 primary to other Insurance that Is avail- able to such additional Insured which covers such additional Insured as a named Insured, and we will not share with that other Insurance, provided that: a. The "bodily injury" or "property damage" for which coverage Is sought occurs; and b. The "personal Injury" or "advertising Injury" for which coverage Is sought arises out of an of- fenso cornmItted subsequent to the signing and execution ct that contract or agroo(nont by you, 2. The first Oubpavagraph (2) of Paragraph b. Ex- cess Insuranco regarding any other primary In- sitranca available to you is delated. 3. 'I he tollowing Is added to Paragraph b. Excoes Insurance, as an addIticnal subparagraph tinder Subparagraph (1): That Is available to the Insured when Ina Ineured Is added as an additional Insured under any other policy, Including any umbrella or excess policy, CG DO 37 04 05 ght 2UT' 'I h''St Pa"A hie" !;il nu�)w' raso!'vc,+'d poje I ("J 4, F!1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS P licy Numbar: 57 WE EP4360 Endorsement Number: Effedhr Date: 12/04/12 Effective hour Is the same as stated on the Information Page of the policy. Nam d Insured and Address: CSG CONSULTANTS INC 1700 S AMPHLETT BLVD 3RD FL SAN MATEO, CA 94402 Section I of this endorsement expands coverage provided under WC 00 00 00, Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SECTION I PARTS ONE and TWO 01 We Will Also Pay PART -THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties Olt Liberalization SECTION 11 VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 06 Employors' I._iabiiity Stop Gap Coverage A. Stop Gap Coverage Limited to Montana„ North Dakota, Ohio, Washington, West Virginia and Wyoming Form WC 99 03 03 8 Printed M U.S.A. (Ed. 8100) Process Dat : 10/09/12 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers' Liability Insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How T"nis Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation K Endemic Disease 05 Longshore and Harbor Workers` Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered Stales 2000, The Hartford Page i of 6 Policy Expiration Data: 12/04/13 3 3 3 3 4 4 4 4 4 4 4 5 5 5 SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. W Will Also Pay of Part Ona (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) Is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this Insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this Insurance; 3. litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insuranc Appli a of Part 3 (Other States Insurance) Is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed In Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SiX 3. Transfer Of Your Rights and Dulles C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent.. If you die and we receive notice within sixty days after your death, we will rover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. it will apply when the change becomes effective in your state. SECTION 11 VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE S. Voluntary Compensation Insurartos A. H w This Insurance Applies This insurance applies to bodily injury by accident or bodily Injury by disease. Bodily injury includes resulting death. t. The bodily Injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown In Item 3.A. of the Information Page. Form WC 99 03 03 B Printed In U.S.A. (Ed. 8/00) 3. The bodily Injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, In the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease' must be caused or aggravated by the conditions of the Page 2 16 officer's or employee's employment. The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily Injury by disease Form WC 99 03 03 8 Printed in U.S.A. (Ed. 8/00) If the persons entified to the benefits of this Insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily Injury covered by this endorsement as though the State of Employment was shown In Item 3.A. of the Information Page. This provision 5. does not apply In New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Llability Stop Gap Coverag A. This coverage only applies In Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover, 5. bodily injury intentionally caused or aggravated by you or In Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an Injury is substantially certain to occur. However, the cost of defending such claims or suits In Ohio Is covered. 13. bodily Injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default In premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S23-4-2. Page 3 of 6 must occur during the policy period. B. W WIN Pay We will pay an amount equal to the benefits that would be required of you as If you and your employees were subject to the workers' compensation law of any state shown In Item 3A, of the Information Page. We will pay r- those amounts to the persons who would be ,., entitled to them under the law. C. Exclusion o This insurance does not cover: 0 1. any obligation Imposed by workers' compensation or occupational disease law or any similar taw. 2. bodily Injury Intentionally caused or in aggravated by you. N 3. officers or employees who have elected 0 in not to be suN'ect to the state workers' + compensation law. 4. partners or sole proprietors not covered under the Siandard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay EIN Before we pay benefits to the persons entitled to them, they must: sairia t. Release you and us, In writing, of all am a, responsibility for the Injury or death. EM 2. Transfer to us their right to recover from others who may be responsible for the t. Injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. It the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty M-- to pay ends at once. tm E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to It. Form WC 99 03 03 8 Printed in U.S.A. (Ed. 8/00) If the persons entified to the benefits of this Insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily Injury covered by this endorsement as though the State of Employment was shown In Item 3.A. of the Information Page. This provision 5. does not apply In New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Llability Stop Gap Coverag A. This coverage only applies In Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover, 5. bodily injury intentionally caused or aggravated by you or In Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an Injury is substantially certain to occur. However, the cost of defending such claims or suits In Ohio Is covered. 13. bodily Injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default In premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S23-4-2. Page 3 of 6 EXTENDED OPTIONS 1. Empf yers' Llabllity Insurance Item 3.B. of the Information Page is replaced by the following: B. Employers' Liability Insurance: t. Part Two of the policy applies to work in each state listed in Item 3.A. 2. 3. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $600,000 Policy Limh Bodily Injury by Disease __$5000 Each Employee OR 2. The amount shown In the Information Page. This provision t of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 In California. Unlnt ntlonaf Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy, we shall not deny coverage under this policy because of such failure. Waiver of Our Right To Recover From Others A. We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. "This agreement shall not operate directly or indirectly to benefit anyone not named In the agreement. B. This provision 3. does not apply In the states of Pennsylvania and Utah. Form WC 99 03 03 B Printed In U.S.A. (Ed. Mo) 4. Foreign Voluntary Compensation and Employars' Llabllity Refmbureement A. Now This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily Injury includes resulting death. 1. The bodily Injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or Incidental to work In a country not listed In Exclusion C.I. of this provision. 3. Bodily Injury by accident must occur during the policy period. 4. Bodily Injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amountss are: t. voluntary payments for the benefits that would be required of you 6 you and your officers or employees were subject to any workers' compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply If the Country of Employment were shown in Item 3.A. of the Information Page. C. Exclusions This Insurance does not cover: t. any occurrences in the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions Imposed by the laws or regulations of the United States of America In effect as of the Inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar few. 3. bodily Injury intentionally caused or aggravated by you.. Page 4 of 6 Form WC 99 03 03 B Printed in U.S..A (Ed. 8/00) Pag 6 f 6 4. liability for any consequence, whether of America necessarily incurred as a direct direct or Indirect, of war, Invasion, act of result of bodily Injury. Foreign enemy, hostilities (whether war be Our reimbursement shall be limited as follows: declared or not), civil war, rebellion, revolution, insurrection or military or 1. to the amount which such expenses usurped power. No endorsement now or exceed the normal cost of returning the 'health, subsequently attached to this policy shall officer or employee If In good or be construed as overriding or waiving this 2. In the event of death, to the amount by 11mitation unless specific reference Is which such expenses exceed the normal made thereto. cost of returning the officer or employee If D. Before We Pay alive and In good health. r Before we reimburse you for the benefits to the In no event shall our reimbursement exceed persons entified to them, you must have them: the bodily Injury by accident limit Shawn In o hem 3.B. of the Information Page as respects 1. release you and us, in writing, of all any one such officer or employee whether responsibility for the Injury or death, dead or alive. 2. transfer to us their right to recover from H. Endemic Disease 0 others who may Eye responsible for their Injury or death, The word "disease" Includes any endemic diseases. r 3. cooperate with us and do everything necessary to enable us to enforce the fight The coverage applies as If endemic diseases Ln to recover from others. Included in the provisions of the workers' compensation law. Ln If the parsons entitled to the benefits paid fail # to do these things, our duty to reimburse ends S. Longshore and Harbor WorkeW Compensati n at once. If they claim damages from us for ft Act Coverage Injury or death, our duty to reimburse ends at General Section C. Workers' Comparradi n once. Law Is replaced by the following: E. Recovery From Others C. Worims' Compensation Law 0001 Ram If we make a recovery from others, we will Workers' Compensation Law means the MOR keep an amount equal to our expenses of workers or workers' compensation law and ® recovery and the benefits we reimbursed. We occupational disease law of each state or will pay the balance to the persons entBded to territory named In Item 3.A. of the Information � ft. If persons entitled to the benefits make a Page and the Longshore and Harbor Workers° recovery from others, they must repay us for Compensation Act (33 USC Sections 901- am the amounts that we have reimbursed you. 950). ft Includes any amendments to those as F. R imbursoment for Actual Loss Sustained laws that are in effect during the policy period. hiffa- ' This endorsement provides only for It does not include any other federal workers reimbursement for the ions you actually or workers' compensation law, other federal ream sustain. In order for you to recover loss or occupational disease law or the provisions of .� expenses under this reimbursement you must: ,any law that provide nonocxupationaf disability _ benefits. 1. actually sustain and pay the loss or Part Two (Employers` Liability insurance), C. .' expense In money akar trial, or Exclusions, exclusion 8, does not apply to 2. secure our consent for the payment of the work subject to the Longshore and Harbor loss or expense. Workers' Compensation Act. G. Repatriation This coverage does not apply to work subject Our reimbursement Includes the additional to the Defense Bass Act, the Outer expenses of repatriation to the United States Continental Shelf Lands Act, or the Nonapprophated Fund Instrumentalities Act. MM MMM Form WC 99 03 03 B Printed in U.S..A (Ed. 8/00) Pag 6 f 6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies In the states listed In this Schedule of Covered States. C. Schedule of Covered States: CA F nm WC 99 03 03 8 Printed In U.S.A. (Ed. 8100) B. If a state, shown In Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply In the new state on the effective date of the state approval. Authorized Representative Page 6 of 6 0 m m— COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL? IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages_ Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES -- INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "Insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as art "insured" under the Who Is An Insured provision contained in Section II, B, EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION It — LI- ABILITY COVERAGE: 1. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee"s" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto'". C. EMPLOYEES AS INSURED An ''employee" of yours Is an "insured" while operating a covered "auto" hired or rented The following Is added to Paragraph A.1., Who Is under a contract or agieernent in that ""ern- An Insured, of SECTION !I —LIABILITY COV- ployee"s" name, with your pennission, while ERAGE: CA T4 20 07 '10 v� 2010 The Travelers tlnd+ r m(liy Cmpany All lights reserved Page 'I of 3 Includes copyrighted material of Insurance Services Office, Inc with its perrnissinn COMMERCIAL AUTO Any "employee" of yours is an "insured".while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS -- INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual toss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following Is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for 'loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged of stolen propady as of the firne of the "loss"; or' (c) f he cost of repairing or replacing the darnaged or stolen properly with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES -- INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III -- PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass darnage if the glass is repaired rather than replaced. J4 PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE; Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an 111Stlred"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover- age. Page 2 of 3 (9 2010 The Travelers Indernnity Company All r[ghts reserved CA T4 20 07 10 Includes copyrighted iiatenad of Insurance Services Office, Inc with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.9.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III -- PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and CA T4 20 07 10 COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the 'loss"; (b) Financial penalties Imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or 'loss", pro- videa that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. 7 2010 The Trave(ers Indemnily Company. AN rights reserved. Page 3 of 3 Vncludes r:opyrtghled material of Insurance 5ervwces Office, Inc w4h 8s pernirssfon 0 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 08/05/2013 I NAME OF INSURED: csG consultants Inc. Precision Inspection - CSG Additional —Dq-s0P-tign of Operations/Remarks Lro-rn.—Rgqg—l: LA Additional Information: