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HomeMy WebLinkAboutPW TAM Funding Agr. 2013-014; FY2013-14Meeting Date: November 4, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: 1000 City Manager Approval,- Director of Public Works (RAL) File No. 16.13.09 SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE FUNDING AGREEMENT #2013-014 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL.) THEREBY AUTHORIZING THE ALLOCATION OF $5229334 IN MEASURE A FUNDING AND $438,315 IN MEASURE B FUNDING FOR FISCAL YEAR 2013-2014. BACKGROUND: Marin County voters approved Measure A, a one-half cent transaction and use tax, on November 2, 2004. On November 2,, 2010 voters approved Measure B, which increased the state Vehicle Registration Fee (VRF) by $10. These measures authorize the Transportation Authority of Marin (TAM) to administer Measure A and Measure B funds for public right-of-way, multi -modal transportation projects identified by local agency public works directors and approved by their governing bodies. On August 1, 2006, the San Rafael City Council approved the first funding agreement between the City of San Rafael and TAM (#2007-012) by adopting Resolution #12174. Thus far, San Rafael has received the following Measure A allocations via annual amendments to the original funding agreement or via updated funding agreements: • $467,893: FY 06-07 (original agreement) • $533,660: FY 07-08 $503,904: FY 08-09 • $454!P934: FY 09-10 • $414,048: FY 10-11 • $424*253-. FY 11-12 $488,738: FY 12-13 File No.: 170 x 9-3-40 Council Meeting: Disposition: Resolution 13634 FOR CITY CLERK ONLY G C SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 2 For FY 13-14,, TAM has initiated funding agreement #2013-014 to replace an annual amendment process which has grown cumbersome. Section 4 of the agreement states that "TAM hereby grants to the recipient the sum of $960,649 as designated in Resolution No. 2013-014, approved June 27, 2013, which is included in this Agreement. The total allocation. is $960,649: $522,334 from Measure A, $438,315 from Measure B. ANALYSIS: Public Works has utilized past Measure A allocations for a variety of public right-of-way capital projects. We plan to utilize the entire FY 13-14 allocation for our upcoming "Street Resurfacing 13-14" project (#11220). The $960,649 represents 64% of the overall project budget of $1,500,000. FISCAL IMPACT: Funding agreement #2013-014 provides $960,649 in Measure A and Measure B funds,, to be used for the project described above. Additional funding for the $1,500,000 project comes from Construction Vehicle Impact fees ($316,612) and Gas Tax ($222,739). OPTIONS: Council may choose to withhold authorization for the Director of Public Works to sign the agreement. However, doing so will mean identifying $960,649 in alternative funds for the above - referenced project. It is important to note that funding for the "Street Resurfacing 13-14" project was authorized by Council on July 15, 2013 by its approval of the City's 5 -Year Capital Improvement Program (Resolution # 13 575 ). ACTION REQUIRED: Adopt resolution. Enclosures: Resolution Funding Agreement #2013-014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AGREEMENT / TRANSPORTATION AUTHORITY MARIN AND THE CITY OF l 1 a THEREBY ` AUTHORIZING ALLOCATION $5229334 IN MEASURE a FUNDING a $438,315 IN MEASURE M FISCALFUNDING FOR 1 / WHEREAS,onAugust i Rafael adopted` i approved fundingagreement # between Rafael'and i WHEREAS, that agreement established terms for the use of annual funding allocations for the maintenance of local roads and Infrastructure generated by Measure A, a one-half cent transaction and use tax approved in the General Election held on November 2, 2004; and WHEREAS, the San Rafael City Council subsequently authorized the execution of 6 amendments to the original funding agreement, through FY 12-13; and WHEREAS, Marin voters approved Measure B on November 2, 2010, which increase the i State Vehicle Registration i; r i and WHEREAS, Measures A and B authorize the Transportation authority of Marin to distribute funds raised by the transportation and use tax and the VRF increase to local jurisdictions for multi -modal, public right-of-way projects; and WHEREAS, TAM has initiated an updated funding agreement that must be executed to release San Rafael's FY 13-14 Measure A allocation of $522,334 and the City's Measure B allocation of $438,315; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the Director of Public Works to execute Funding Agreement #2013-014 between TAM and the City, 1, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, foregoing resolution was duly i regularly introducedand adopted at of the Council of said City held on the 4 th of November, 2013, by the following vote, to AYES,- COUNCIL BCollin,1 1McCullough ESTHER C. BEIRNE, Clio, Clerk File No.: 16.13.09 TAM AGREEMENT #2013-0V FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL T114 PROJECTS ANO PROGRAMS"4 00 Measure A Alocafion, Requests\14,00,02 FuMITVAgree rw0314,0002,03 Strategy 14. ,42.02.03.02 Sutstrazagy 1,ZFY 1314kSan RajaahFundkV AQrawponi. 2013 014.d" Page 1 of 6 the following purposes identified in the RECIPIENT's Measures A and B Allocation Reque Form (Attached): I Additional information on project scope is included in the Measures A and B Allocation Request Form. TAM hereby grants to the RECIPIENT the sum of $960,649.00 as designated in Resolution No. 2013-004, approved June 27,2013, which is included in this AGREEMENT by reference. SECTION 6. COST ELIGIBILITY Cost eligibility shall be determined by TAM's Expenditure Plan and Strategic Plan policies. Funds may be used for any local transportation need identified by the RECIPIENT's Public Works Director, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses, as approved by the RECIPIENT's governing board. Where feasible, locally defined bicycle and pedestrian projects will be implemented in conjunction with a related roadway improvement. This could include safety improvements, pedestrian facilities including disabled access, or bicycle facilities such as bike lanes or signage. 9 0 to RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and shall incur obligations against and make disbursements of the grant in conformity with TAM's requirements and the budget. RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget, consistent with TAM's resolution allocating the grant unless otherwise agreed upon in writing. RECIPIENT shall cooperate with TAM' s project management team and shall provide any requested project information, If any portion of grant funds is used for production of reports, acknowledgment of the TAM's role shall be included in the documents, If any portion of grant funds is used for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the construction site identifying Measure A and/or Measure B Funds and TAM (e.g., TAM and RECIPIENT's logos — "Your Measure A and/or Measure B Dollars at Work"). For non -construction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent signage identifying TAM and Measure A and/or Measure B Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and TAU, PROACTS AND PROGRAMSI,14M Mem" A Alocatim. R*4tA9t9',!A,0Q,02 FLeXtlrgAoteiom#titski4.00O203 Stm4gy X14.00,02M.03.M Stbs&afty 12TY 13lkAxn RatasWitufkV Agmemot 2013 OU,& -t Page 2 of 7 signage requirements as an indispensable condition for authorization of Measures A and B reimbursements for project expenses. SECTION 10. PRESS RELEASES RECIPIENT shall notify TAM in advance of any press releases about project and program activities, particularly groundbreakings and ribbon cuttings, in connection to grant funds expended from this AGREEMENT. SECTION 11. COMPLIANCE WITH LAW the performance of its obligations pursuant, to this AGREEMENT, RECIPIENT shall keep 'tself fully informed of the federal, state and local laws, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. ! r! IF IN �41 J#ff InT RECIPIENT shall undertake all environmental mitigation measures that may be identified as commitments in applicable documents (such as environmental assessments, environmental impact statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work. SECTION 13. FINANCES All costs charged to the project shall be supported by properly prepared and documented time records, invoices, or vouchers evidencing in detail the nature and propriety of the charges and the basis for the percentage charged to TAM. All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the project shall be maintained by RECIPIENT for a period of five (5) years after the later of project closeout or termination of grant. Such project documents shall be clearly identified, readily accessible, and, to theextent feasible, kept separate and apart from all other similar documents not pertaining to the project. • TAM shall remit payment to RECIPIENT upon written request by the RECIPIENT after the execution of this AGREEMENT, Payment shall not exceed the schedule shown in the Measure A Sales Tax Program Allocation Request Form - Fiscal Year Cash Flow Availability.• RECIPIENT shall expend funds only on eligible expenses as follows: operating costs, direct q1aff time (salary and benefits), consultants; right of way engineering and acquisition costs (including permitting), and competitively bid construction contracts, Indirect costs (as de ined by OMB Circular A-87) will not be considered an eligible expense. Funds shall also be expended T04. FIROECTS AND RROGRAMS�14.00 h**6Wv A AIOCalton s\1 4,00 02 FL"UV AVraVMV4T6k14,0Q,02,03 SVUt*Qy 3114,0CC2.02.03,02 Sub"*V 3.ZFY 1314\Sor, RafaehFundlrV AVr"mwv 2013 014 ooc Page 3 of 7 according to the applicable provisions of the Expenditure Plans and of the Public Utilities Cod Section 180000 et seq. i TAM shall provide notice to RECIPIENT of any and all expenditures made by RECIPIENT which are not in compliance with this AGREEMENT or the Expenditure Plans promptly after TAM becomes aware of any such expenditures. TAM reserves the right at any time to conduct or require a financial or performance audit of the RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement. RECIPIENT shall permit TAM, or any of its duly authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts of the RECIPIENT and its contractors with regard to the project. SECTION 18. THIRD PARTY CONTRACT AUDITS TAM reserves the right to request an audit of other third party contracts for any reason. If RECIPIENT is subject to third party financial audit requirements imposed by another funding source, copies of audits performed in fulfillment of such requirements shall be provided to the TAM. 1 111000164* lii 1111 1 1w 70N40-111 I i i w w ff RECIPIENT shall provide to TAM a Project Report as shown in Exhibit B. This report shall include the total expenditures for the approved scope, revenues from all funding sources applied for the approved scope of work. RECIPIENT shall provide supporting documentation for expenditures and revenues from its accounting and financial management system. RECIPIENT shall certify that the amounts sought are only for project elements included in the Allocation Request Form '44*11 Jill TAM reserves the right to offset RECIPIENT payback of ineligible costs against future grant approvals for this project or other projects in the Expenditure Plan for which RECIPIENT is the sponsoring agency. If the above items are not provided to TAM by the annual due date and/or such items are found not to be in compliance with this AGREEMENT, Public Utilities Code Section 180000 et seq., the ballot measure or the Strategic Plan, TAM may withhold funds for future allocations from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. Whilt funds are being withheld, all interest on withheld funds shall be retained by TAM as an administrative fee. T'14 Page 4 of 7 i TAM reserves the right to rescind its authorization of unneeded grant funds prior to, or at the time of, PROJECT closeout. Funds are determined to be unneeded if they are uncommitted at time of project closeout. In general, termination of financial assistance under this AGREEMENT will not invalidat obligations properly incurred by RECIPIENT before the termination date; to the extent thos obligations cannot be canceled, This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. SECTION 30. ASSIGNMENT The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. SECTION 31. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM or RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. SECTION 32. EXPENSES Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated. RECIPIENT may not use GRANT funds, or other TAM programmed funds, for the aforementioned purpose. Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. T:14. PROJECTS ANO P90GR"M\f4M Meivwe A Altotatim R*4uinWIA-00,02 Fun&V Agm~fttIAAII str*t lr,Orb. 00,01M 03.02 Su .21=FY 13iAgan Agr**mett 2NNA0!k&-t Page 6 of 7 SECTION 34. EXHIBITS The following Exhibits are hereby made part of this AGREEMENT - EXHIBIT A: Conditions on Local Infrastructure for All Modes EXHIBIT B: Allocation Request Form EXHIBIT C: Project Report (Sample Format) EXHIBIT D: TAM Board Resolution 2013-04 RECIPIENT does hereby declare that all written statements, representations, covenants, an materials submitted as a condition of this AGREEMENT are true and correct and does hereb accept TAM's grant and agrees to all of the terms and conditions of this AGREEMENT. T parties have executed this AGREEMENT as of the date first written above. City of San Rafael: Print Name Print Title By# � b _ � b et' i'=,E �_a fit,. _.�, ;.�:�r ^.' ...�: City of San Rafael, *orne(y(,,, Print Name Transportation Authority of Marin (TAM): A, By: /d/ / 73 Dianne St6rltA�W #49i -A-4 hector V.14. PROJECTS AN:) PROGRAMS14.00 Ma"wo A A"Oon RK.*s1*114.00.(r2 Rofto Agri 114.00.02.03 Suategy 31,14,00-M,02.03,02 SubstraloW 3.ZFY 13WSan Rai aeAFwsd4%V Aqua.. rpt 2013 014 4" Page 7 of 7 111pliq I 111liq rillror�m 1. Agree to the formula used in the allocation of the funds as reflected in the Expenditure Plan, and agree to the use of the State Department of Finance Estimates of Population figures (Report E-1 , updated each May) for California cities and counties for the biennial update of the allocation formula. 9. Make available, upon request from TAM, Recipient's administrative officer or designate staff to render a report or answer any and all inquiries in regards to its receipt, usag and compliance audit findings of funds before the TAM Board. T t14.: C IROGRAMSkiA,00 N%Aft" A AkocAflmi RequettskU.M.02 Pa Aat##nwftk14,00,02.03 Strateoy 3+ AAO.02,02,03,02 3 3,2W -Y 1314*)ftjt A Condbowdx Page I of 2 10. If after the close of ® third fiscal year, minimal or no funds have been expended on projects, TAM reserves the right to withhold the fifth year's funds allocation until the Recipient's allocation is drawn down. 11. Provide parcel land use information for the annual TAM transportation modeling update. 12. Provide evidence of Pavement Management System cercation in accordance with section 2108.1 of the Streets and Highway Code. MTC requires ces and counties submng pavement maintenance and rehabation projects for funding to ut lize a Pavement Management Program. T 1+ PROJECIS ANIU PiiWRAMS'04 W Measwe 4 NVr.Wion RaquvsW',,14X,02 Fw�aft AQrowwAs14,00,02-03 StMvVy JN144C'02,02 D3,02 SL6%tralWy 12TY 1314%YMA 4 UrMior,%,4ut Page 2 of 2 Transportation Authority of Marin Measure A — Transportation Sales Tax Measure B — Vehicle License Fee Allocation Request Form Fiscal Year of Allocation: 2013/14 Expenditure Plan: Local Roads and Related Infrastructures (Strategy 3.2 of Measure A and Element 1.1 of Measure B) Project Name: Local Infrastructure for All Modes Implementing Agency: City of San Rafael Scope of Work: As defined by the Expenditure Plan, eligible costs include street and road projects, local transit projects, and bicycle and pedestrian projects. Where feasible, we will implement locally defined bicycle and pedestrian projects in conjunction with related roadway improvements. This could include safety improvements, pedestrian facilities with access for individuals with disabilities, or bicycle infrastructure such as bike lanes or signage. San Rafael will provide a Project Report for projects utilizing TAM funds within 60 working days of the end of FY 13-14. The report will include a project description and an explanation of project benefits. It will also identify the amount spent during the reporting year, including total estimated project costs, project funding sources, and total expenditures. Cost of Scope: The y budget for San Rafael 's dc is upcoming Street Resurfacing Project i is $1,500,000, funded as follows: * $ 522,334: FY 13-14 Measure A # $ 438,315: FY 1314 Measure B • $ 316,612: FY 1112, 12-13 Construction Vehicle Impact Fees • $ 127,660- FY 11-12, 12-13 Prop 42 allocation ►$ 95,079: FY 11-12 Gas Tax • $1,500,000: Total The list of streets for the resurfacing project will be a function of available funds and an analysis of those roadway segments with a Pavement Condition Index (PCI) below 70. There are currently 304 such segments in San Rafael- residential (230, 40.30 miles), arterials (41, 10.36 miles), collectors (33, 9.67 miles). We also consider areas of high maintenance in determining the final list. Strategic Plan Programmed Amount: $960,649: $522,334 (Meas. A) + $438,315 (Meas. B) Requested Amount: $960,649 Other Funding: To be finalized (see Cost of Scope above) Cash flow Availability (leave blank): Project Delivery Schedule (include start & completion milestones).- 7/l/13-6/30/14 T-\14. PROJECTS AND PROGRAMS\14.00 Measure A Allocation Requests 4.00.2 Funding Agreements\14.00.02.03 Strategy 3\14.00.02.02.03.02 Substrategy 3.2 FY 1314\San Rafael\Exhibit B revised Oct 30 2013.doc Page 1 of 2 Environmental Clearance: The City of San Rafael is responsible for environmental clearance. Documentation will be provided in the Project Report, Non -Motorized Travel Considerations: Have the needs of non -motorized travelers been considered in the design of the project and is the project consistent with Caltrans Deputy Directive 64? Yes Is non -motorized travel impeded by this project? No If yes, has a cross -facility, non -motorized access been included in the project? N/A Has a parallel non -motorized facility been designed to accommodate non -motorized travelers? No I TA14. PROJECTS AND PROGRAMS\14,00 Measure A Allocation Requests\14.00.02 Funding Agreements�14,00.02.03 Strategy 3\14.00,02-02,03.02 Substrategy 3,2\FY 1314\San Rafael\Exhibit B revised Oct 30 2013.doc Page 2 of 2 City of San Rafael Street Resurfacing 2012-2013 City Project No. 11203 Street Section I e Allensby Ln Bennie Banks Wy to Dunfries Te Murry Alta Vista Wy Marina Court Dr to City Limits Overlay B St Taylor St to Second St Overlay Bonnie Banks Wy Lochinvar Rd to City Limits Slurry De La Guerra Rd Del Ganado Rd to City Limits Slurry Del Ganado Road Las Ovejas Ave to De La Guerra Rd Overlay Del Ganado Rd Manuel T Freitas Pkwy to Las Ovejas Ave Micro Dunfries Te Lochinvar Rd to end Slurry E St 4th St to Mission Ave Overlay Twelve Oak Hill Drive Las Gallinas Avenue to Cedar Hill Dr Overlay Fowler Ct 17119 Fowler Ct to End Slurry Glenwood Dr Lincoln Av to End Overlay Grand Avenue Prospect Dr to Lincoln Ave Overlay Grand Ave Lincoln Av to End Slurry Longwood Dr Racquet Club Dr to City Limits Overlay Magnolia Av Palm Av Deer Park Ave Overlay Marina Court Dr Embarcadero Wy to City Limits Overlay Mission Ave Embarcadero, Wy (Intersection only) Overlay Northgate Drive Kohl's to Las Gallinas Ave Overlay Northgate Dr Los Ranchitos Rd to Kohl's Micro Summit Av (wli city limits) Pt San Pedro to End Slurry Tarrant Ct San Pablo Av to End Overlay Wimbledon Wy Longwood Dr to Longwood dr Micro, F -4-9:11911M (due within 60 days of the end of each fiscal year) MHME =* Project locations and descriptions (please provide digital photographs for each project) Number of signs posted: Attach a statement, signed by the City Public Works Director, certifying the reports compliance! with the provisions of the funding Agreement Attach the project worksheet template (sample follows) for each project included in the Project Report. 7A14 PRO�ECTS AND St"tf#1#qy31NFY 1314'fXhibd CPro*JRep*A.d-,x Page 1 of 2 Local Roadway Project Report, Part I Name of roadway: Project limirs: Jurisdiction: Multi -Modal and Safety -Related Considerations According to the Measures A and B Expenditure Plans, each local road project will be required to consider the needs of all roadway users. Where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. Improvements could include striping and signing for bicycle lanes and bikeways, sidewalk improvements, curb ramps, and other accessibility and safety improvements, Please discuss, in the following three sections, considerations for multi -modal and safety-related improvements as a part of the local road maintenance project. 1. Safety Improvements: Describe safety-related improvements considered as a part of the project (refer to collision statistics, traffic volumes, roadway functional classification and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why. 2. Pedestrian and Disabled Persons Facilities: Describe pedestrian and ADA -related improvements considered as a part of the project (refer to pedestrian master plans, ADA transition plans, school and transit access considerations, and other information, as appropriate), Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state way. 3Bicycle Facilities: Describe bicycle -related improvements considered as a part of the project (refer to bicycle master plans and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why. T:14, 0'ROJf_CT9 AND PAOGPAUS�`4,00- Mout" A 06cidon RoqL*aW14.00,024 Fimw*v Agm#nwts14.00,0105 S#xttay TU,W.02,02M,02 Ubwat 12TY i314%ExhbA 0 PnIWA Page 2 of 2 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN FOR THE ALLOCATIONS OF $2y566,683 IN MEASURE A, STRATEGY 3.2, AND $2,153,823 IN MEASURE i B, ELMENT 1.1, FUNDS O BELVEDERE, O • ADr 1 FAIRFAX, MIL VALLEY, l ar l ♦ ♦ ■R ♦ ! i ♦ R ! 1 • WHEREAS, The voters of Marin County approved the authorizations of Measure A and Measure at the General Elections held on November 2, 2004 and November 10, 2010, respectively, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax (TST) and vehicle registration fee (VRF); and and VRF proceeds will be used to pay for the programs and projects outlined their respective Expenditure Plans; and WHEREAS, TAM r s developed Strategic Plans to provide guidance on implementing "" Expenditure Plans;and WHEREAS, The Measure A Strategic Plan programs TST funds over a 20 year period to the four strategies listed in the Expenditure Plan, including Strategy 3.2, Local Infrastructure for all Modes;and WHEREAS, The Measure B Strategic Plan program VRF funds to three elements listed Expenditure, ! ElementMaintenance of ! '" and respectiveWHEREAS, Measure A funds for Strategy 3.2 and Measure B funds for Element 1. 1 are programmed under the Strategic Plans to Marin County and the cities or towns of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon for infrastructure improvement projects that are prioritized by the ` i ! ! and WHEREAS, Measure A funds for Strategy 3.2 and Measure B funds for Element 1.1 can be used for streetand road projects, i . projects, ! bicycle and pedestrian projects; i WHEREAS, Infrastructure improvement pro'ects funded with Measure A funds for Strategy 3,2 and Measure 6 funds for Element 1.1 will be approved by the County's and Cities' governing boards at public meetings, and WHEREAS, The project sponsors are requesting TST funds from Strategy 3,2 and VRF funds from Element 1.1 that have been accumulated for FY 13/14, and TAOT AGRE EMENTM7.01 Resolutons\2011201. 3--WMeasures A and B Niocatforts Local Roads,docPage 1 of 3 WHEREAS, `hese allocations are consistent with the 2013 Measure A and Measure Strategic Plan Updates; and staffWHEREAS, There are sufficient funds in the Strategy 3.2 and Element 1.1 line items of the TAM's approved FY 13/14 budget to cover the proposed action; and WHEREAS, After reviewing the request in coordination with project sponsors, TAM recommended allocating $2,566,683 in Measure A funds and $2,153,823 as requested; now, therefore, ii ` i it RESOLVED, That the Transportation Authority of Mann hereby allocates a total of $2,566,683 in Measure A funds and $2,153,823 in Measure B funds for eligible projects under Strategy 3.2 and Element 1.1, respectively, for FY 13/14 in the following distributions: $48,623 ($26,438 in Measure A & $22,185 tin Measure B) for the City of Belvedere, . 166,781 ( 90,684 & $76,097) for the Town of Corte Madera, $138,339 ($75,219 & $63t 120) for the Town of Fairfax, ($151,016 i M126,724) for the City of Mill Valley, 1!♦• • ($48301 ! i $ 405,317) for the City of Novato, $50,547 ($27,484 & $23,063) for the Town of Ross, $216,473 ($117,703 & $98,770) for the Town of San Anselmo, $960,649 ($522,334 & $438,315) for the City of San Rafael, $133,469 ($721571 & $60,898) for the City of Sausalito, $168,333 ($911528 & $76,805) for the Town of Tiburon, and $1 V1,224 ($908,695 & $762,529) for the County of Marin; and be it further RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be 'in conformance with the priorities and funding levels established in the Measure A and Measure B Expenditure Plans and the 2013 Measure A and Measure B Strategic Plan Updates; and be it further • ' Transportation Marin hereby 'i authorizes ' • • expenditure (cash reimbursement) of funds for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedule detailed in the attached Allocation Request Forms; and .a it further • as • condition authorization expenditure, ii i♦ i Executiv w. Director shall impose such terms and conditions as are necessary for the project sponsors t comply with applicable law and adopted Authority policies and execute Funding Agreement with the respective project sponsors to that effect, and be it further RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized. TA07 A EMP " \0 . o to \2013'2013-034 Measures A and B Allocations Local Roads,doc Page 2 of 3 PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 27 th day of June 2013, by the following vote-, WNW ATTEST: bianne teinhauser Executive Director Adams, Arnold, Condon (Alternate), Eklund (Alternate), Fredericks, Greene, Hillmer, Kinsey, Kuhl, Moulton -Peters, Phillips, Reed, Sears, Weiner Alice Fredericks, Chair Transportation Authority of Marin TA07. AGREEMIENT8\07.0,11, Resolufions\2013\2013-04 Measurez A wvd B Allocations Local Rcads.doc' Page 3 of 3 TA M lansportation Authority of Marin January 3, 2014 Esther, Enclosed is an original signed Funding Agreement 2013-014 for your records. I also emailed a pdf copy to Nader Mansourian and Richard Landis for their- records. Richard will be submitting payment requests for reimbursement. Thank you for obtaining the appropriate signatures for this agreement. Call if you have questions. Dave Chan 226-0821 Making the Most of Marin County Transportation Dollars TAM AGREEMENT #2013-014 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND CITY OF SAN RAFAEL This AGREEMENT is made this ,`> day of `:, ,L.� , 2013, by and between the Transportation Authority of Marin, hereinafter referred to as 'IAM", a local public agency, and the City of San Rafael, hereinafter referred to as "RECIPIENT", a local public agency. SECTION 1. RECITALS 1. The voters of Marin County approved the authorization of Measures A and B, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transportation sales tax (TST) and a $10 increase in the vehicle registration fee (VRF), respectively, to fund transportation -related projects and programs in Marin County. 2. The proceeds will be used to pay for the programs and projects outlined in the Measures A and B Expenditure Plans and further guided by the Measures A and B Strategic Plans. 3. According to the Measure A TST Expenditure Plan, local streets and roads funds are provided to local cities, towns, and Marin County (local agencies) to be used for any local transportation need, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses. 4. According to the Measure B VRF Strategic Plan, thirty-five percent (35%) of funds will be distributed to sponsors, under Element 1.1, for local streets maintenance and improvements. 5. Each project will be required to consider the needs of all roadway users and, where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. 6. Local priorities would be determined by each local agency's Public Works Director with approval of their governing board in a public meeting. SECTION 2. PURPOSE OF FUNDING AGREEMENT This AGREEMENT is entered into by and between TAM and RECIPIENT to document the funding conditions necessary for the RECIPIENT to comply with applicable law and TAM policies. This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference. SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved through Resolution 2013-04 of TAM, in accordance with the requirements of TAM's Measures A and B Expenditure Plans and Strategic Plans, is made for i'.S NhUiL�T_r,N:,VRG(�:AAS.�.�P, Mr.a,�.e Ak;ce.ron ReG�ests. WC. Funa�ng Agrteme,i.s'.id Q�G..._S�ae�y ].'�.�C-0. �_G3.�: Su9s e�z9y ._r. »San N<faii-u �i�p A9 ec-nn �G ��.a we Page 1 of 7 the following purposes identified in the RECIPIENT's Measures A and B Allocation Request Form (Attached): Local Infrastructure for All Modes Additional information on project scope is included in the Measures A and B Allocation Request Form. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $960,649.00 as designated in Resolution No. 2013-004, approved June 27, 2013, which is included in this AGREEMENT by reference. SECTION 5. COST ELIGIBILITY Cost eligibility shall be determined by TAM's Expenditure Plan and Strategic Plan policies. Funds may be used for any local transportation need identified by the RECIPIENT's Public Works Director, including streets and roads projects, local transit projects, bicycle pedestrian projects and other transportation uses, as approved by the RECIPIENT's governing board. Where feasible, locally defined bicycle and pedestrian projects will be implemented in conjunction with a related roadway improvement. This could include safety improvements, pedestrian facilities including disabled access, or bicycle facilities such as bike lanes or signage. SECTION 6. BUDGET AND SCOPE RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and shall incur obligations against and make disbursements of the grant in conformity with TAM's requirements and the budget. SECTION 7. PROJECT MANAGEMENT RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget, consistent with TAM's resolution allocating the grant unless otherwise agreed upon in writing. SECTION 8. PROJECT OVERSIGHT RECIPIENT shall cooperate with TAM's project management team and shall provide any requested project information. SECTION 9. ATTRIBUTION AND SIGNAGE If any portion of grant funds is used for production of reports, acknowledgment of the TAM's role shall be included in the documents. If any portion of grant funds is used for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the construction site identifying Measure A and/or Measure B Funds and TAM (e.g., TAM and RECIPIENT's logos — "Your Measure A and/or Measure B Dollars at Work"). For non -construction capital purchases funded by any portion of grant funds, RECIPIENT shall affix permanent signage identifying TAM and Measure A and/or Measure B Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and T 11 PRCiEC'Sf.N0PR0.— +a 00 MeasureAAlo v 1eguesl5`14.0002FundingAg menl-4l 020351relegy3114000202o3025ubstr-gy32`F 1314\Seng alaoi­Agreemc X13014do Page 2 of 7 signage requirements as an indispensable condition for authorization of Measures A and B reimbursements for project expenses. SECTION 10. PRESS RELEASES RECIPIENT shall notify TAM in advance of any press releases about project and program activities, particularly groundbreakings and ribbon cuttings, in connection to grant funds expended from this AGREEMENT. SECTION 11. COMPLIANCE WITH LAW In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully informed of the federal, state and local laws, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. SECTION 12. ENVIRONMENTAL COMPLIANCE RECIPIENT shall undertake all environmental mitigation measures that may be identified as commitments in applicable documents (such as environmental assessments, environmental impact statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work. SECTION 13. FINANCES All costs charged to the project shall be supported by properly prepared and documented time records, invoices, or vouchers evidencing in detail the nature and propriety of the charges and the basis for the percentage charged to TAM. SECTION 14. RECORDS All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the project shall be maintained by RECIPIENT for a period of five (5) years after the later of project closeout or termination of grant. Such project documents shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other similar documents not pertaining to the project. SECTION 15. PAYMENT TAM shall remit payment to RECIPIENT upon written request by the RECIPIENT after the execution of this AGREEMENT. Payment shall not exceed the schedule shown in the Measure A Sales Tax Program Allocation Request Form - Fiscal Year Cash Flow Availability. SECTION 16. ELIGIBLE EXPENSES RECIPIENT shall expend funds only on eligible expenses as follows: operating costs, direct staff time (salary and benefits), consultants; right of way engineering and acquisition costs (including permitting), and competitively bid construction contracts. Indirect costs (as defined by OMB Circular A-87) will not be considered an eligible expense. Funds shall also be expended '. LiV - A N DI. 11R hM 511. Me..s k4 oca on Npquests +4202 F�x�aiiq Ag ends 1: OC 0, 03S,teyv3-12 C<11025 ra• ',.2'FY'3'41 Ralae Fw.. ry Agree-n....__a— Page 3 of 7 according to the applicable provisions of the Expenditure Plans and of the Public Utilities Code Section 180000 et seq. TAM shall provide notice to RECIPIENT of any and all expenditures made by RECIPIENT which are not in compliance with this AGREEMENT or the Expenditure Plans promptly after TAM becomes aware of any such expenditures. SECTION 17. AUDITS TAM reserves the right at any time to conduct or require a financial or performance audit of the RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement. RECIPIENT shall permit TAM, or any of its duly authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts of the RECIPIENT and its contractors with regard to the project. SECTION 18. THIRD PARTY CONTRACT AUDITS TAM reserves the right to request an audit of other third party contracts for any reason. If RECIPIENT is subject to third party financial audit requirements imposed by another funding source, copies of audits performed in fulfillment of such requirements shall be provided to the TAM. SECTION 19. CLOSEOUT PROCEDURES AND PROJECT REPORT RECIPIENT shall provide to TAM a Project Report as shown in Exhibit B. This report shall include the total expenditures for the approved scope, revenues from all funding sources applied for the approved scope of work. RECIPIENT shall provide supporting documentation for expenditures and revenues from its accounting and financial management system. RECIPIENT shall certify that the amounts sought are only for project elements included in the Allocation Request Form SECTION 20. REPAYMENT OF INELIGIBLE COSTS TAM reserves the right to offset RECIPIENT payback of ineligible costs against future grant approvals for this project or other projects in the Expenditure Plan for which RECIPIENT is the sponsoring agency. SECTION 21. RIGHT TO WITHHOLD If the above items are not provided to TAM by the annual due date and/or such items are found not to be in compliance with this AGREEMENT, Public Utilities Code Section 180000 et seq., the ballot measure or the Strategic Plan, TAM may withhold funds for future allocations from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM's satisfaction. While funds are being withheld, all interest on withheld funds shall be retained by TAM as an administrative fee. _ I4 RRC—,TS ANCM S'40'.+A11O ,.,Rogues. ,21 -ling 11 e11-114 C0 C203 SYr 1t 3,14 . C2.02 C3 C2S al¢gY +2,1101-- R.1.e lFuna ng Ag,— =3 1114oc Page 4 of 7 SECTION 22. RESCISSION OF AUTHORIZATION OF FUNDS TAM reserves the right to rescind its authorization of unneeded grant funds prior to, or at the time of, PROJECT closeout. Funds are determined to be unneeded if they are uncommitted at time of project closeout. SECTION 23. TERMINATION FOR CAUSE RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or terminate all or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT. Any failure to make reasonable progress, inconsistency with the Expenditure Plans or Allocation Request Form, unauthorized use of grant funds as specified in this AGREEMENT, or other violation of the AGREEMENT that significantly endangers substantial performance of the project shall be deemed to be a breach of this AGREEMENT and cause for termination. Upon mutual consent, RECIPIENT will repay TAM any unexpended funds originally provided under this Agreement. SECTION 24. CORRECTION OF BREACH With respect to any breach, which is reasonably capable of being cured, RECIPIENT shall have thirty (30) days from the date of notice of breach to initiate steps to cure. If RECIPIENT diligently pursues cure, such RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by TAM. SECTION 25. LIABILITY Neither TAM nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT under in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold TAM harmless from any liability imposed for injury from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT. Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by TAM under in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, TAM shall fully defend, indemnify and hold RECIPIENT harmless from any liability imposed for injury from any liability imposed for injury (as defined by Government Code Section 810.8) occur in by reason of anything done or omitted to be done by TAM under or in connection with any work, or jurisdiction delegated to TAM under this AGREEMENT. In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter modified. .-3—TSGN1 .'-11Saa(iC---a IA -.1—r ...re -1e — It, 14. X 02 �35•zle9Y 3144 C2 203C2S-1, gy32` 1314 S., .S,30-4— Page 5 of 7 SECTION 26. OBLIGATIONS In general, termination of financial assistance under this AGREEMENT will not invalidate obligations properly incurred by RECIPIENT before the termination date; to the extent those obligations cannot be canceled. SECTION 27. INTEGRATION This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. SECTION 28. AMENDMENT Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. SECTION 29. INDEPENDENT AGENCY RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. SECTION 30. ASSIGNMENT The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. SECTION 31. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM or RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. SECTION 32. EXPENSES Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated. RECIPIENT may not use GRANT funds, or other TAM programmed funds, for the aforementioned purpose. SECTION 33. SEVERABILITY Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. T'e 1--S1MD1RGG—S.�J W Mex—cA. o., r.Requests"G 0002 --' l a 002.035tlelegy314 X10020, Oa 025W-te 3.1131-1 Relxe lFuntl ng 11 r-1 20130'd— Page 601 SECTION 34. EXHIBITS The following Exhibits are hereby made part of this AGREEMENT: EXHIBIT A: Conditions on Local Infrastructure for All Modes EXHIBIT B: Allocation Request Form EXHIBIT C: Project Report (Sample Format) EXHIBIT D: TAM Board Resolution 2013-04 SECTION 35. ACCEPTANCE OF GRANT RECIPIENT does hereby declare that all written statements, representations, covenants, and materials submitted as a condition of this AGREEMENT are true and correct and does hereby accept TAM's grant and agrees to all of the terms and conditions of this AGREEMENT. The parties have executed this AGREEMENT as of the date first written above. City of San Rafael: t By: —z Print Name Print Title Approved as to form (optional): d By: City of San Rafael, # torney;� Print Name^�(A,p �; . Transportation Authority of Marin (TAM): By: Dianne Steinlig6ser, 1E-)4- 0bG4 Director FCuE�'S AkO PHCGk.1MS`a_,CA..e:ucP.H„ca.or+heques�s`�JC L12F.uwin9 �9 eeme�s �C CO G2035�ra�egy 3 1a pC 202 N G. 5—ra' 321 1314 -1aPage 7 of Exhibit A Conditions on Local Infrastructure for All Modes Recipient agrees that it shall: 1. Agree to the formula used in the allocation of the funds as reflected in the Expenditure Plan, and agree to the use of the State Department of Finance Estimates of Population figures (Report E-1, updated each May) for California cities and counties for the biennial update of the allocation formula. 2. Set up an appropriate system of interest bearing accounts and reporting for funds received. The accounting system shall provide adequate internal controls and audit trails to facilitate a periodic compliance audit for the funds which shall be maintained for the duration of the Agreement plus five years after discharge. 3. Provide TAM with the number of maintained road miles within Recipient's jurisdiction which shall be consistent with the miles reported to state and federal agencies and that contained in the Recipient's pavement management system. Recipient shall provide TAM with the number of maintained road miles biennially beginning in April 2005, even if there were no changes in the number of miles. 4. In the event Recipient's expenditures in a fiscal year are less than the amount the Recipient has received, provide an explanation of why the revenues exceeded expenditures and how the Recipient plans to allocate the funds to future projects 5. Within 60 working days of the end of each fiscal year, provide a Project Report for projects upon which funds were expended. The Project Report shall show the amount spent in that reporting year, including the total estimated project costs, the total expenditures to date, a brief description (including digital photographs) and location of the projects, and the benefits to be realized from said project (see Project Report, Exhibit C). The Report must also include a description and photograph of Measures A and B signage and the number of signs posted. 6. As part of the Project Report, include a statement, signed by the Recipient's Public Works Director, certifying the Report's compliance with the provisions of this AGREEMENT. A resolution by the Recipient's governing board approving the project in a public meeting should be attached to the Report. 7. Provide updated and accurate information (including digital photographs of the projects before, during and after construction) for TAM's website, highlighting projects or programs in which funds received by Recipient have been used. 8. Provide updated and accurate information on Recipient's website, in order to inform the public, on how funds are being used in the Recipient's jurisdiction. Also provide a link on the Recipient's website to TAM's website. 9. Make available, upon request from TAM, Recipient's administrative officer or designated staff to render a report or answer any and all inquiries in regards to its receipt, usage and compliance audit findings of funds before the TAM Board. 14—R jU"S AHf]PROGRAM Ii` .Mc--AI!Io-- 1,-- 1400.02 A--- 14 X 0202St, egy 3,1400020203025uos—,gy 32'. F 1314,E—IA—di.—dm Page 1 of 2 10. If after the close of the third fiscal year, minimal or no funds have been expended on projects, TAM reserves the right to withhold the fifth year's funds allocation until the Recipient's allocation is drawn down. 11. Provide parcel land use information for the annual TAM transportation modeling update. 12. Provide evidence of Pavement Management System certification in accordance with section 2108.1 of the Streets and Highway Code. MTC requires cities and counties submitting pavement maintenance and rehabilitation projects for funding to utilize a Pavement Management Program. 11 ,c_E- 111_ c �,�a=� � I � o- .1 1—,- X �2; -9 A,r-1-114 W 02 C3 Stl-g1314 J CZ C_ 1,3 N S-, a,,1sr 3 < '314 F- A-- - - Page 2 of 2 Transportation Authority of Marin Measure A — Transportation Sales Tax Measure B — Vehicle License Fee Allocation Request Form Fiscal Year of Allocation: 2013/14 Expenditure Plan: Local Roads and Related Infrastructures (Strategy 3.2 of Measure A and Element 1.1 of Measure B) Project Name: Local Infrastructure for All Modes Implementing Agency: City of San Rafael Scope of Work: As defined by the Expenditure Plan, eligible costs include street and road projects, local transit projects, and bicycle and pedestrian projects. Where feasible, we will implement locally defined bicycle and pedestrian projects in conjunction with related roadway improvements. This could include safety improvements, pedestrian facilities with access for individuals with disabilities, or bicycle infrastructure such as bike lanes or signage. San Rafael will provide a Project Report for projects utilizing TAM funds within 60 working days of the end of FY 13-14. The report will include a project description and an explanation of project benefits. It will also identify the amount spent during the reporting year, including total estimated project costs, project funding sources, and total expenditures. Cost of Scope: The preliminary budget for San Rafael's upcoming Street Resurfacing Project is $1,500,000, funded as follows: • $ 522,334: FY 13-14 Measure A • $ 438,315: FY 13-14 Measure B • $ 316,612: FY 11-12, 12-13 Construction Vehicle Impact Fees • $ 127,660: FY 11-12, 12-13 Prop 42 allocation • $ 95,079: FY 11-12 Gas Tax • $1,500,000: Total The list of streets for the resurfacing project will be a function of available funds and an analysis of those roadway segments with a Pavement Condition Index (PCI) below 70. There are currently 304 such segments in San Rafael: residential (230, 40.30 miles), arterials (41, 10.36 miles), collectors (33, 9.67 miles). We also consider areas of high maintenance in determining the final list. Strategic Plan Programmed Amount: $960,649: $522,334 (Meas. A) + $438,315 (Meas. B) Requested Amount: $960,649 Other Funding: To be finalized (see Cost of Scope above) Cash flow Availability (leave blank): Project Delivery Schedule (include start & completion milestones): 7/1/13-6/30/14 T:\14. PROJECTS AND PROGRAMS\14.00 Measure A Allocation Requests\14.00.02 Funding Agreements\14.00.02.03 Strategy 3\14.00.02.02.03.02 Substrategy 3.2\FY 1314\San Rafael\Exhibit B revised Oct 30 2013.doc Page 1 of 2 Environmental Clearance: The City of San Rafael is responsible for environmental clearance. Documentation will be provided in the Project Report. Non -Motorized Travel Considerations: Have the needs of non -motorized travelers been considered in the design of the project and is the project consistent with Caltrans Deputy Directive 64? Yes Is non -motorized travel impeded by this project? No If yes, has a cross -facility, non -motorized access been included in the project? N/A Has a parallel non -motorized facility been designed to accommodate non -motorized travelers? No T:\14. PROJECTS AND PROGRAMS\14.00 Measure A Allocation Requests\14.00.02 Funding Agreements\14.00.02.03 Strategy 3\14.00.02.02.03.02 Substrategy 3.2\FY 1314\San Rafael\Exhibit B revised Oct 30 2013.doc Page 2 of 2 City of San Rafael Street Resurfacing 2012-2013 City Project No. 11203 Street Section Type Allensby Ln Bonnie Banks Wy to Dunfries Te Slurry Alta Vista Wy Marina Court Dr to City Limits Overlay B St Taylor St to Second St Overlay Bonnie Banks Wy Lochinvar Rd to City Limits Slurry De La Guerra Rd Del Ganado Rd to City Limits Slurry Del Ganado Road Las Ovejas Ave to De La Guerra Rd Overlay Del Ganado Rd Manuel T Freitas Pkwy to Las Ovejas Ave Micro Dunfries Te Lochinvar Rd to end Slurry E St 4th St to Mission Ave Overlay Twelve Oak Hill Drive Las Gallinas Avenue to Cedar Hill Dr Overlay Fowler Ct 17/19 Fowler Ct to End Slurry Glenwood Dr Lincoln Av to End Overlay Grand Avenue Prospect Dr to Lincoln Ave Overlay Grand Ave Lincoln Av to End Slurry Longwood Dr Racquet Club Dr to City Limits Overlay Magnolia Av Palm Av Deer Park Ave Overlay Marina Court Dr Embarcadero Wy to City Limits Overlay Mission Ave Embarcadero Wy (Intersection only) Overlay Northgate Drive Kohl's to Las Gallinas Ave Overlay Northgate Dr Los Ranchitos Rd to Kohl's Micro Summit Av (w/i city limits) Pt San Pedro to End SLurry Tarrant Ct San Pablo Av to End Overlay Wimbledon Wy Longwood Dr to Longwood dr Micro EXHIBIT C Project Report (sample format) (due within 60 days of the end of each fiscal year) Amount spent in this reporting year - Total estimated project costs Total expenditures to date Project locations and descriptions (please provide digital photographs for each project) Benefits realized from project(s) Measures A and B signage: Number of signs posted: Attach a statement, signed by the City Public Works Director, certifying the reports compliance with the provisions of the funding Agreement Attach a resolution by the Governing Board approving the project(s) Attach the project worksheet template (sample follows) for each project included in the Project Report. 4?H00.FC'SA-'PHOCrcR—S14XM11-1IAA'e—'neavests'ra xO'Funtl,, AgiaEm¢ns. x02 C35te.egy 314 00 0. 02 33 02 5uctl—gy 32'V`_a_—br Pr. — HOOrt— Page 1 oft Local Roadway Project Report, Part I Name of roadway: Project limits: Jurisdiction: Description of maintenance project: Roadway's Pavement Condition Index: Date of last PC/ Evaluation: Multi -Modal and Safety -Related Considerations According to the Measures A and B Expenditure Plans, each local road project will be required to consider the needs of all roadway users. Where feasible, locally defined bicycle and pedestrian projects will be implemented at the time a roadway is improved. Improvements could include striping and signing for bicycle lanes and bikeways, sidewalk improvements, curb ramps, and other accessibility and safety improvements. Please discuss, in the following three sections, considerations for multi -modal and safety-related improvements as a part of the local road maintenance project. 1. Safety Improvements: Describe safety-related improvements considered as a part of the project (refer to collision statistics, traffic volumes, roadway functional classification and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why. 2. Pedestrian and Disabled Persons Facilities: Describe pedestrian and ADA -related improvements considered as a part of the project (refer to pedestrian master plans, ADA transition plans, school and transit access considerations, and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state way. 3. Bicycle Facilities: Describe bicycle -related improvements considered as a part of the project (refer to bicycle master plans and other information, as appropriate). Discuss whether these improvements are feasible and indicate if they could or could not be included as a part of the project. If not, state why. _4 PRCJEGS AND PROGRAMS'14XM111.11 A 10-1— 1 10002 FRn ,Agmemente 4.00 2035t,a gy 3';4O 02020302 S UGstra!e 3.2FY 1314 -h -C Protect Report— Page 2 of 2 Exhibit D TAM RESOLUTION NO. 2013-04 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN FOR THE ALLOCATIONS OF $2,566,683 IN MEASURE A, STRATEGY 3.2, AND $2,153,823 IN MEASURE B, ELMENT 1.1, FUNDS TO BELVEDERE, CORTE MADERA, FAIRFAX, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO, TIBURON, AND MARIN COUNTY WHEREAS, The voters of Marin County approved the authorizations of Measure A and Measure at the General Elections held on November 2, 2004 and November 10, 2010, respectively, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax (TST) and vehicle registration fee (VRF); and WHEREAS, The TST and VRF proceeds will be used to pay for the programs and projects outlined their respective Expenditure Plans; and WHEREAS, TAM has developed Strategic Plans to provide guidance on implementing the Expenditure Plans; and WHEREAS, The Measure A Strategic Plan programs TST funds over a 20 year period to the four strategies listed in the Expenditure Plan, including Strategy 3.2, Local Infrastructure for all Modes; and WHEREAS, The Measure B Strategic Plan program VRF funds to three elements listed in the Expenditure, including Element 1.1, Maintenance of Local Streets; and WHEREAS, Measure A funds for Strategy 3.2 and Measure B funds for Element 1.1 are programmed under the Strategic Plans to Marin County and the cities or towns of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon for infrastructure improvement projects that are prioritized by the respective Public Works Directors; and WHEREAS, Measure A funds for Strategy 3.2 and Measure B funds for Element 1.1 can be used for street and road projects, local transit projects, and bicycle and pedestrian projects; and WHEREAS, Infrastructure improvement projects funded with Measure A funds for Strategy 3.2 and Measure B funds for Element 1.1 will be approved by the County's and Cities' governing boards at public meetings, and WHEREAS, The project sponsors are requesting TST funds from Strategy 3.2 and VRF funds from Element 1.1 that have been accumulated for FY 13/14; and T.\07. AGREEMENTS\07.01 Resoiut on s\2013\2G13-04 Measures A and B Avocations Local Roads. doo Page 1 of 3 WHEREAS, These allocations are consistent with the 2013 Measure A and Measure B Strategic Plan Updates; and WHEREAS, There are sufficient funds in the Strategy 3.2 and Element 1.1 line items of the TAM's approved FY 13/14 budget to cover the proposed action; and WHEREAS, After reviewing the request in coordination with project sponsors, TAM staff recommended allocating $2,566,683 in Measure A funds and $2,153,823 as requested; now, therefore, be it RESOLVED, That the Transportation Authority of Marin hereby allocates a total of $2,566,683 in Measure A funds and $2,153,823 in Measure B funds for eligible projects under Strategy 3.2 and Element 1.1, respectively, for FY 13/14 in the following distributions: $48,623 ($26,438 in Measure A & $22,185 in Measure B) for the City of Belvedere, $166,781 ($90,684 & $76,097) for the Town of Corte Madera, $138,339 ($75,219 & $63,120) for the Town of Fairfax, $277,740 ($151,016 & $126,724) for the City of Mill Valley, $888,328 ($483,011 & $405,317) for the City of Novato, $50,547 ($27,484 & $23,063) for the Town of Ross, $216,473 ($117,703 & $98,770) for the Town of San Anselmo, $960,649 ($522,334 & $438,315) for the City of San Rafael, $133,469 ($72,571 & $60,898) for the City of Sausalito, $168,333 ($91,528 & $76,805) for the Town of Tiburon, and $1,671,224 ($908,695 & $762,529) for the County of Marin; and be it further RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be in conformance with the priorities and funding levels established in the Measure A and Measure B Expenditure Plans and the 2013 Measure A and Measure B Strategic Plan Updates; and be it further RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual expenditure (cash reimbursement) of funds for these activities to take place subject to the Fiscal Year Cash Flow Distribution Schedule detailed in the attached Allocation Request Forms; and be it further RESOLVED, That as a condition of this authorization for expenditure, the Executive Director shall impose such terms and conditions as are necessary for the project sponsors to comply with applicable law and adopted Authority policies and execute Funding Agreements with the respective project sponsors to that effect; and be it further RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized. 1'.C7. AGREEMENTS\07.01 Resoautcns�2C1-1UC12-04 Measures A and B Allocations Local Roads, doc Page 2 of 3 PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 27th day of June 2013, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ATTEST: Dianne Steinhauser Executive Director Adams, Arnold, Condon (Alternate), Eklund (Alternate), Fredericks, Greene, Hillmer, Kinsey, Kuhl, Moulton -Peters, Phillips, Reed, Sears, Weiner Donnell, Rice Alice Fredericks, Chair Transportation Authority of Marin T.%07. AGREEMENTS107.01 Resclutions'201312013-04 Measures A and 8 Aliccanons Local Rcsds.doc Page 3 of 3 RESOLUTION NO. 13634 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE FUNDING AGREEMENT #2013-014 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $522,334 IN MEASURE A FUNDING AND $438,315 IN MEASURE, B FUNDING FOR FISCAL YEAR 2013-2014. WHEREAS, on August 1, 2006, the San Rafael City Council adopted Resolution # 12174, which approved funding agreement #2007-012 between the City of San Rafael and TAM; and WHEREAS, that agreement established terms for the use of annual funding allocations for the maintenance of local roads and infrastructure generated by Measure A, a one-half cent transaction and use tax approved in the General Election held on November 2, 2004; and WHEREAS, the San Rafael City Council subsequently authorized the execution of 6 amendments to the original funding agreement, through FY 12-13; and WHEREAS, Marin voters approved Measure B on November 2, 2010, which increased the State Vehicle Registration Fee (VRF) by $10; and WHEREAS, Measures A and B authorize the Transportation Authority of Marin to distribute funds raised by the transportation and use tax and the VRF increase to local jurisdictions for multi -modal, public right-of-way projects; and WHEREAS, TAM has initiated an updated funding agreement that must be executed to release San Rafael's FY 13-14 Measure A allocation of $522,334 and the City's Measure B allocation of $438,315; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the Director of Public Works to execute Funding Agreement #2013-014 between TAM and the City. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 4°i of November, 2013, by the following vote, to wit: AYES: COUNCIL MEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.13.09 CAO Contract Log #A_� / COUNTY OF MARIN Dept. Contract Log # PROFESSIONAL SERVICES CONTRACT 2012 - Edition 1 THIS CONTRACT is made and entered into this 1 st day of July, 2013, by and between the COUNTY OF MARIN, hereinafter referred to as "County" and City of San Rafael, hereinafter referred to as "Contractor." RECITALS: WHEREAS, County desires to retain a person or firm to provide the following service: Multi -Cultural Senior Activities; and WHEREAS, Contractor warrants that it is qualified and competent to render the aforesaid services; NOW, THEREFORE, for and in consideration of the Contract made, and the payments to be made by County, the parties agree to the following: 1. SCOPE OF SERVICES: Contractor agrees to provide all of the services described in Exhibit A attached hereto and by this reference made a part hereof. 2. FURNISHED SERVICES: The County agrees to: A. Guarantee access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work. B. Make available all pertinent data and records for review, C. Provide general bid and Contract forms and special provisions format when needed. 3. FEES AND PAYMENT SCHEDULE: The fees and payment schedule for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B and by this reference incorporated herein. Said fees shall remain in effect for the entire term of the Contract. Contractor shall provide County with his/her/its Federal Tax I.D. number prior to submitting the first invoice. 4. MAXIMUM COST TO COUNTY: In no event will the cost to County for the services to be provided herein exceed the maximum sum of $8,332 including direct non -salary expenses. As set forth in section 14 of this Contract, should the funding source for this Contract be reduced, Contractor agrees that this maximum cost to County may be amended by written notice from County to reflect that reduction. 5. TIME OF CONTRACT: This Contract shall commence on July 1, 2013, and shall terminate on June 30, 2014. Certificate(s) of Insurance must be current on day Contract commences and if scheduled to lapse prior to termination date, must be automatically updated before final payment may be made to Contractor. The final invoice must be submitted within 30 days of completion of the stated scope of services. 6. INSURANCE: Commercial General Liability: The Contractor shall maintain a commercial general liability insurance policy in the amount of $1,000,000 ($2,000,000 aggregate). The County shall be named as an additional insured on the commercial general liability policy. Commercial Automobile Liability: Where the services to be provided under this Contract involve or require the use of any type of vehicle by Contractor, Contractor shall provide comprehensive business or commercial automobile liability coverage, including non -owned and hired automobile liability, in the amount of $1,000,000.00. Workers' -Co m Pensation: The Contractor acknowledges the State of California requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If Contractor has employees, a copy of the certificate evidencing such insurance, a letter of self-insurance, or a copy of the Certificate of Consent to Self -Insure shall be provided to County prior to commencement of work. Errors and Omissions Professional Liability or Malpractice Insurance Contractor may be required to carry errors and omissions, professional liability or malpractice insurance. All policies shall remain in force through the life of this Contract and shall be payable on a "per occurrence" basis unless County specifically consents to a "claims made" basis. The insurer shall supply County adequate proof of insurance and/or a certificate of insurance evidencing coverages and limits prior to commencement of work. Should any of the required insurance policies in this Contract be cancelled or non -renewed, it is the Contractor's duty to notify the County immediately upon receipt of the notice of cancellation or non -renewal. If Contractor does not carry a required insurance coverage and/or does not meet the required limits, the coverage limits and deductibles shall be set forth on a waiver, Exhibit C, attached hereto. Failure to provide and maintain the insurance required by this Contract will constitute a material breach of this Contract. In addition to any other available remedies, County may suspend payment to the Contractor for any services provided during any time that insurance was not in effect and until such time as the Contractor provides adequate evidence that Contractor has obtained the required coverage. 7. ANTI DISCRIMINATION AND ANTI HARASSMENT: Contractor and/or any subcontractor shall not unlawfully discriminate against or harass any individual including, but not limited to, any employee or volunteer of the County of Marin based on race, color, religion, nationality, sex, sexual orientation, age or condition of disability. Contractor and/or any subcontractor understands and agrees that Contractor and/or any subcontractor is bound by and will comply with the anti discrimination and anti harassment mandates of all Federal, State and local statutes, regulations and ordinances including, but not limited to, County of Marin Personnel Management Regulation (PMR) 21. B. SUBCONTRACTING: The Contractor shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the County except for any subcontract work identified herein. If Contractor hires a subcontractor under this Contract, Contractor shall require subcontractor to provide and maintain insurance coverage(s) identical to what is required of Contractor under this Contract and shall require subcontractor to name Contractor and County of Marin as an additional insured under this Contract for general liability. It shall be Contractor's responsibility to collect and maintain current evidence of insurance provided by its subcontractors and shall forward to the County evidence of same. 9. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be transferred or assigned without the express prior written consent of the County. 10. LICENSING AND PERMITS: The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein. 11. BOOKS OF RECORD AND AUDIT PROVISION: Contractor shall maintain on a current basis complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this Contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this Contract. Contractor will permit County to audit all books, accounts or records relating to this Contract or all books, accounts or records of any business entities controlled by Contractor who participated in this Contract in any way. Any audit may be conducted on Contractor's premises or, at County's option, Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from County. Contractor shall refund any monies erroneously charged. 2 12. WORK PRODUCT/PRE-EXISTING WORK PRODUCT OF CONTRACTOR: Any and all work product resulting from this Contract is commissioned by the County of Marin as a work for hire. The County of Marin shall be considered, for all purposes, the author of the work product and shall have all rights of authorship to the work, including, but not limited to, the exclusive right to use, publish, reproduce, copy and make derivative use of, the work product or otherwise grant others limited rights to use the work product. To the extent Contractor incorporates into the work product any pre-existing work product owned by Contractor, Contractor hereby acknowledges and agrees that ownership of such work product shall be transferred to the County of Marin. 13. TERMINATION: A. If the Contractor fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the County may terminate this Contract by giving five (5) calendar days written notice to the party involved. B. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control. C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of termination shall be by written notice to the other parties and be sent by registered mail. D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract so long as proof of required insurance is provided for the periods covered in the Contract or Amendment(s). 14. APPROPRIATIONS: The County's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Marin County Board of Supervisors, the State of California or other third party. Should the funds not be appropriated County may terminate this Contract with respect to those payments for which such funds are not appropriated. County will give Contractor thirty (30) days' written notice of such termination. All obligations of County to make payments after the termination date will cease. Where the funding source for this Contract is contingent upon an annual appropriation or grant from the Marin County Board of Supervisors, the State of California or other third party, County's performance and obligation to pay under this Contract is limited by the availability of those funds. Should the funding source for this Contract be eliminated or reduced, upon written notice to Contractor, County may reduce the Maximum Cost to County identified in section 4 to reflect that elimination or reduction. 15. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performance of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent Contractor and not as officers, employees or agents of the County. Contractor shall be solely responsible to pay all required taxes, including but not limited to, all withholding social security, and workers' compensation. 16. AMENDMENT: This Contract may be amended or modified only by written Contract of all parties. 17. ASSIGNMENT OF PERSONNEL: The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to County, as is evidenced in writing. 18. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California. 19. INDEMNIFICATION: Contractor agrees to indemnify, defend, and hold County, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Contractor's negligence, recklessness or willful misconduct in the performance of this Contract. 20. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with any and all Federal, State and local laws and resolutions: including, but not limited to the County of Marin Nuclear Free Zone, Living Wage Ordinance, and Board of Supervisors Resolution #2005-97 prohibiting the off -shoring of professional services involving employee/retiree medical and financial data affecting services covered by this Contract. Copies of any of the above -referenced local laws and resolutions may be secured from the Contract Manager referenced in section 21. In addition, the following NOTICES may apply: Pursuant to California Franchise Tax Board regulations, County will automatically withhold 7% from all payments made to vendors who are non-residents of California. 2. Contractor agrees to meet all applicable program access and physical accessibility requirements under State and Federal laws as may apply to services, programs or activities for the benefit of the public. 3. For Contracts involving any State or Federal grant funds, Exhibit D must be attached. Exhibit D shall consist of the printout results obtained by search of the System for Award Management at www.sam.gov. Exhibit D - Debarment Certification By signing and submitting this Contract, the Contractor is agreeing to abide by the debarment requirements as set out below. • The certification in this clause is a material representation of fact relied upon by County. • The Contractor shall provide immediate written notice to County if at any time the Contractor learns that its certification was erroneous or has become erroneous by reason of changed circumstances. • Contractor certifies that none of its principals, affiliates, agents, representatives or contractors are excluded, disqualified or ineligible for the award of contracts by any Federal agency and Contractor further certifies to the best of its knowledge and belief, that it and its principals: • Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency; • Have not been convicted within the preceding three -years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against it for one of those offenses within that time period; • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses listed in 2 CFR 180.800(a); • Have not had one or more public transactions (Federal, State, or Local) terminated within the preceding three -years for cause or default. The Contractor agrees by signing this Contract that it will not knowingly enter into any subcontract or covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. • The Contractor to this Contract and any subcontractor will provide a debarment certification that includes the debarment clause as noted in preceding bullets above, without modification. 21. NOTICES: This Contract shall be managed and administered on County's behalf by the Department Contract Manager named below. All invoices shall be submitted and approved by this Department and all notices shall be given to County at the following location: Contract Manaqer: Lee Pullen, Mqr Dept./Location: Department of Health and Human Services Division of Social Services, Aging & Adult Services Telephone No.: (415) 473-7118 Notices shall be given to Contractor at the following address(es): Contractor: City of San Rafael Carlene McCart, Director, Community Services Director 618 B Street Address: San Rafael, CA 94901 Telephone No.: (415) 485-3333 Contractor: Address: Telephone No.: 22. ACKNOWLEDGEMENT OF EXHIBITS: Check applicable Exhibits CONTRACTOR'S INITIALS EXHIBIT A. EXHIBIT B. EXHIBIT C. EXHIBIT D. EXHIBIT E. OTHER REQUIRED EXHIBITS (HHS USE ONLY) ® Scope of Services d1 (/Vl ® Fees and Payment V1 VO ❑ Insurance Reduction/Waiver Vel ® Contractor's Debarment Certification yivi� ❑ Subcontractor's Debarment Certification �� fir✓" ® ® ® Exhibit G: Audits/Non-Discrimination Exhibit K: Aging & Adults Programs Exhibit K1: Terms & Conditions IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. CONTRACTOR: APPROVED BY COUNTY OF MARIN: Name:.; t n':. r i tip` K!', Title: ( c1` By: C my Administrator COUNTY COUNSEL REVIEW AND APPROVAL (required if template content has been modified) County Counsel: Date: EXHIBIT "A" SCOPE OF SERVICES MARIN COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES DIVISION OF SOCIAL SERVICES AGING AND ADULT SERVICES July 1, 2013 - June 30, 2014 Provider: City of San Rafael Program Name: Multi -cultural Senior Center Activities Program Goal: Arrange or provide organized art, educational, health, recreational, social, and volunteer opportunities for multicultural and older persons with Limited English Proficiency 60 years and older in order to promote their wellness and enhance their quality of life. Performance Objectives: At least 75% of clients will report "high" to "very high" satisfaction with the program. Program Definition: Services designed to enable older individuals to attain and/or maintain physical and mental well-being such as recreation, music, creative arts, physical activity, education, leadership development and other supportive services not covered under other service categories. Development and provision of new volunteer opportunities and services, and creation of additional services and programs to remedy gaps and deficiencies in existing services. Entertainment costs such as tickets to shows or sporting events, meals, lodging, rentals, transportation and gratuities are not allowable. Minimum Units of Service Required and Contract Award: Program: Multicultural Senior Center Activities Unit of Service: One hour Three Months (7/1/13 - 9/30/13) Minimum number of hours: 250 Contract Award: AAA Funding $2,083 Nine Months (10/1/13 - 6/30/14) Minimum number of hours: 750 Contract Award: AAA Funding $6,249 Geographic Area/Persons to be Served: Countywide. Services to target multicultural Limited English Proficient older adults. Service Provider shall have the capacity to conduct and comply, at a minimum, to the following: Cooperate with Aging and Adult Services in its annual monitoring of the funded program. Perform the activities in the agency's bid/proposal in response to the Request for Proposal for the contracted service. However, Aging and Adult Services may negotiate, modify, or revise the scope of the service from the original proposal in order to assure that all necessary service and program requirements are covered. 6 In the event the service levels specified in the bid/proposal are not attained, Aging and Adult Services will be permitted to reduce the provider's contract award. The scope of service outlined in this exhibit reflects the service level agreed upon between Aging and Adult Services and the contractor. Agree not to use contract funds to pay the salary or expenses of any individual who is engaging in activities designed to influence legislation or appropriations pending before the Congress. Submit a detailed program budget within 15 days of receiving the budget template provided by the County. The program budget must be submitted prior to issuance of the County Contract. All required elements in the budget including, but not limited to, the agency's matches, project income, and in-kind contributions must be identified. Indirect costs are limited to a maximum indirect cash cost of 8% of the direct cash costs, less Capital Equipment. Monthly invoice data must be submitted to Aging and Adult Services no later than the 10th working day of the month for the prior month. For Fiscal Year 13/14, a fiscal close-out is required for services provided from 7/1/2013 - 9/30/13 on 10/10/13. A second fiscal close-out will be required for services provided between 10/1/13 - 6/30/14. Prepare and submit, in a timely manner, monthly service unit data and other reports as requested. Submit monthly service unit data report by the 10th working day of the month for the prior month. Enter data directly in the GetCare/CARS or submit a manual paper report to Aging and Adult Services in order to comply with the California Department of Aging, National Aging Program Information System and Aging and Adult Services reporting requirements. This requirement does not apply to the Title V program, and specific data reporting policies of this program must be followed. This requirement is also not applicable to the Home -Delivered Meal Program Meal Production contractor. Contractor's scope of service performance will be evaluated on a quarterly basis. Should the contractor fail to meet performance targets, the County may request a plan of action to be submitted, outlining the contractor's planned strategies and activities to meet contract obligations. The plan of action will be within 30 days of receiving notification from the County. Offer opportunity for clients to make voluntary contributions to the agency for services received. Contribution request must include the following information, "There is no obligation to contribute. Contributions are voluntary, and service will not be denied based on ability to make contributions." This requirement does not apply to the Title V program. This requirement is also not applicable to the Home -Delivered Meal Program Meal Production contractor. Maintain a Client Grievance Policy and process which is approved by Aging and Adult Services prior to being put into use. Revise the policy as necessary after the annual program monitoring to be in compliance with the requirements of the California Department of Aging. On an annual basis, agency staff that handle personal, sensitive, or confidential information must attend a Security Awareness training conducted by the California Department of Aging. Maintain a log of attendees and completion certificates for those staff attending. This requirement is not applicable to the Home -Delivered Meal Program Meal Production contractor. Written materials and promotional campaigns developed by the contractor specifically for the funded program must be reviewed and approved by the County prior to their release. All other materials developed by the contractor that are unrelated to the funded program would not be subject to the County's approval. All publications and written materials developed by the program must include the following statement: "Funding for this program, at least in part, is made available by the Older Americans Act, administered locally by the Marin Department of Health and Human Services, Division of Social Services, Aging and Adult Services." 7 Attend all mandatory contractors' meetings scheduled by Aging and Adult Services. Maintain an updated organizational emergency/disaster preparedness or continuity of operations plan Minority Service Priority [pursuant to Older Americans Act Sec. 306.(a)(5)(A)(ii)] Provider must prioritize services to low income minority individuals. In order to satisfy the service needs of this population, the provider will give priority to minority persons when hiring new staff or recruiting new volunteers. Services to lesbian, gay, bisexual, and transgender older adults: [pursuant to the Older Californians Equity and Protection Act (AB 2920)]: Provider must ensure that programs and services are available to all older adults regardless of sexual orientation and gender identity. Evaluation of outreach efforts to gay, lesbian, bisexual, and transgender older adults will be included in Aging and Adult Services contract monitoring requirements. Develop targeted outreach methods to locate individuals age 60 or older, especially the low-income, geographically isolated, and minority elderly. Service to minority elders, at a minimum, should be in the same proportion as represented in Marin's older population as reported in the most recent census information. Program evaluations to be conducted annually using template approved by Aging and Adult Services. Service Provider will comply with the following programmatic requirements as well as other conditions established by the AAA specific to this funded program: Services to be targeted to Limited English Proficient older adults speaking Marin's threshold languages, Vietnamese and Spanish. Culturally appropriate activities to be conducted by bilingual persons 0 EXHIBIT "B" FEES AND PAYMENT SCHEDULE B.1. BASE CONTRACT FEE: COUNTY shall pay CONTRACTOR during the term of this contract (July 1, 2013 through June 30, 2014. Contractor shall submit requests for payment. No costs incurred by CONTRACTOR prior to the effective date of the contract should be included in the invoices, nor paid by the COUNTY. B.2. CONSIDERATIONS: In no event shall total compensation paid to Contractor under this provision exceed $8,332 without a written amendment to this Agreement, approved by the County of Marin. Said sum to be payable as follows: subject to the availability of funds, compliance with insurance requirements as hereinafter provided, and completion of the contract services to County's satisfaction. Payment amount will be based upon receipt of contractor's financial statement and request for funds, as expended. Payment will be made following County's receipt of a timely, accurate and accepted invoice to be submitted no later than the 10th of the following month. E oil 2 c _O p « 7 \ L Co: k f i U) C ( 0 § - 5 [ � ©�l fM\ a� QC)/ LU >- §/2 u 3 w° »@/ ® o a 7!.:! \ \ \ C in 2 $ / k im :3 2 k\\:00000R o ; # _ g -C CNo000$ o Co: Ce)o � � ©�l k\\:00000R o © 2 z : 2\ \00000 . CN \ / /00000 0 ,y LO o 0 0 0 0 0 0 : CL y 'w000000 /\.ym0000r : n & ® q : } co 200002 =� | \\ \ G . c) \ ) , 2,: 2 'C k j«0 ^ \ i\ ¥p¥at ± <(,: m.. ©af e 2 e 0 ; # ¥a= 0 < o c<029 «.D ® ## :» o o « ¥Rw#¥a ao 4: «, »2\ E 1� R U \ / \ /\ $ ° E \ Z % » e \ 6 § W \ 2 cm CN # M A C O V N e O C O O � N '- M Bf T O Z #' gut _ O 2 V O 2 00 w W f Q V U oo,u z P Q LL c 7 = Q O LL U 0 10 m IX) O O O O Om W e V N J Qd LL 0 c m m O U m m m f F ZD F W 0.`o. E IL U1 - C 47 � U O .0 N C a) a) N C: U) LL c � N M p NO U _ " o 0 Z3 U O ti V 0 Q04- O L X 0 0 0 O iM co U co N O Lf) Y O N C O _ Z 0 0 Cl 0 0 0 O w C LO o LO fNO LL EJ Z Ln O o 0 0 0 LO v ti M M UU,' Y C C v 00 O O O O O O O ch 0 Cl 0 0 0 0LO O LO a. s n x 0 0 0 0 0 0 S 7. C _ U- '0 V 0 0 0 0 ' `N ti It IT X. Su IV U'). o N 1 CO M O O O O p N c 1 f- H� oo 0 M c I LU C!? ai N ti ti M Q v. LL Y M. a I c I 2 `m m r � 0 m v c m a c a LL m O a a rn C.. 0 U � V � m r o c_m W mm ! E Q U d U 0 v LLJ U �g c i- 0 0 a rA w� O m N L 12 N M V' to 0 Il- W m O m U ru N O V U > > C O G N w Y s Q O # Z t � vdi w w U � o Z i Y y d f c pp � rn m rn � U az # x w J O W � U 0 0 O O 0... 00 t0 10 0 [ J a W N A ( m I # i W O O�� L1- (W7 o � mU 6.d iA Hm.F F f'W FSU V NNLL�'VF EXHIBIT "G" AUDITS, NON-DISCRIMINATION AUDITS/RECORDS: 1.1 Contractor shall maintain books, records, files, documents and other evidence directly pertinent to all work under this Agreement in accordance with accepted professional practices and accounting procedures and according to statutory agreements for the applicable time mandated, and in no case less than seven (7) years after the termination of the Agreement. County, or any of its duly authorized representatives, shall have access to such books, records, files, documents and other evidence for purposes of inspection, evaluation, audit or copying. Contractor will furnish County a certified copy of an Audit Report from an independent CPA firm by October 31, for the report covering the County's fiscal year that ended the previous June 30. The Audit Report will cover the County's fiscal year and include the independent CPA firm's review of each program operated by Contractor, with review of both expenditures and revenues for each program. 1.2 Contractor will provide County with a letter from the chair of the Contractor's Board of Directors certifying that the Board of Directors has reviewed the Audit Report. 2. NON-DISCRIMINATION IN THE PROVISION OF SERVICES: 2.1 Contractor and/or any permitted subcontractor shall not unlawfully discriminate against any individual based upon race, religious creed, color, national origin, ancestry, medical condition, marital status, sex, sexual orientation, age or condition of disability. Contractor and/or any permitted subcontractor understands and agrees that Contractor and/or any permitted subcontractor is bound by and will comply with the nondiscrimination mandates of all Federal, State and local statutes, regulations and ordinances. In the performance of the terms of this Agreement, Contractor shall not discriminate against any employee or applicant for employment, or against any applicant for or beneficiary of services, because of race, sex, sexual orientation, HIV status, color, religion, ancestry, national origin, age, disability, or any other unlawful basis. 2.2 Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, sex, sexual orientation, HIV status, color, religion, ancestry, national origin, age, or disability. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth Fair Employment Practices outlined in this section. Contractor shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this Agreement. 2.3 Contractor shall develop and implement policies and procedures to ensure that all services provided under this Agreement are rendered in a manner that conforms to all local, State and federal non-discrimination statutes, regulations and ordinances, including but not limited to race, gender, national origin, disability or medical condition such as a diagnosis of Acquired Immune Deficiency Syndrome (AIDS), or upon testing positive for Human Immunodeficiency Virus (HIV), or all other applicable nondiscrimination provisions. Contractor shall ensure that its staff is adequately trained regarding these non-discrimination provisions, policies and procedures, including those that involve specific disease -related problems, issues and special recovery needs. 10 3. Disaster Plan: 3.1 Contractor shall have in place, and shall provide to the County, its plan for the referral and/or treatment of clients in the case of a disaster. 4. Drug -Free Workplace Requirements: 4.1 Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. Establish a Drug -Free Awareness Program to inform employees about: The danger of drug abuse in the workplace The person's or organization's policy of maintaining a drug-free workplace Any available counseling, rehabilitation and employee assistance programs, and, Penalties that may be imposed upon employees for drug abuse violations 11 EXHIBIT "K" AGING AND ADULT SERVICES PROGRAMS 1. Contractor's Compliance with Provisions of State Contract Contractor acknowledges that this Agreement is a subcontract to an Agreement between the County and the State (hereinafter "State Contract"). The State Contract requires that the County contractually obligate any of its subcontractors to also comply with the terms and conditions of the State Contract. Contractor hereby agrees to comply with the terms and conditions of the State Contract, a copy of which is attached hereto as Exhibit K-1. In addition, funds available under this Contract are depending upon funding from the state. Lack of funding from the State will result in termination of this Agreement. In the event the State Contract requires the County to notify the State of a breach of privacy and/or security of personally identifiable information (hereinafter "PII") and/or protected health information (hereinafter "PHI"), Contractor shall immediately upon discovery of a breach of privacy and/or security of PII and/or PHI by Contractor, notify County of such breach by telephone and email or facsimile. Contractor further agrees that it shall notify County of any such breaches prior to the time the County is required to notify the State pursuant to the State Contract. In the event the State Contract requires the County to pay any costs associated with a breach of privacy and/or security of PII and/or PHI, including but not limited to the costs of notification, Contractor shall pay on Count's behalf any and all such costs arising out of a breach of privacy and/or security of PII and/or PHI by Contractor. 12 EXHIBIT "K.1" STATE OF CALIFORNIA AREA PLAN TERMS AND CONDITIONS AND TITLE V TERMS AND CONDITIONS Contractor will receive a copy, and comply with the requirements, of the California Department of Aging Area Plan Terms and Conditions (AP Scope of Work: Exhibits A, B, D and E) from the Area Agency on Aging or if applicable, a copy of the Title V Terms and Conditions (TV Scope of Work: Exhibits A, B, D and E). This document will be delivered upon completion of a fully executed contract by either the Marin County Board of Supervisors (BOS) or the County Administrator's Office (CAO). The Division of Social Services, Aging and Adult Services will maintain a hard copy of the Area Plan (AP) Terms and Conditions and Title V (TV) Terms and Conditions in the Aging and Adult Services' State Contract folders. This is to confirm that the additional documents, Area Plan Terms and Conditions were sent to the provider as part of the contract. Due to the size of the document a copy is not being made for each contract file. A hard copy and electronic copy are available in the Program Office at the Marin County Area on Aging office. Signaturona Title 13 ✓.��r�lil p70, r Date signed and docu�s maile AMIL CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY Accredited saitb Excellence from the California Association of Joint Powers Authorities Certificate Holder and Additional Covered Party: CERTIFICATE OF COVERAGE County of Marin c/o Department of Health & Human Services 10 North San Pedro Road, Suite 1012 San Rafael, CA 94903 Attention: Lee Pullen, Manager This certifies that the coverage Described herein has been issued to: City of San Rafael Description of Activity: Multi -cultural senior center activities program providing organized art, educational, health, recreational, social and volunteer opportunities for multicultural and older persons with limited English proficiency 60 year or older. Date(s) of Activity: 7/1/2013-6/30/14 Location of Activity: Marin County The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: comprehensive general liability, automobile liability, and public officials errors and omissions, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. .. 9/12/2013 Date Foran C — Revised 03124/2010 Authorized David J. Clovis, ARM, General Manager Name and Title (Print or type) 3201 Doolan Road., Suite 285 • Livermore, CA 94551-7570 • Phone (925) 837-0667 • FAX (925) 290-1543 Certificate Entity Providing Coverage Excess Coverage Date California Joint Powers Risk Management Authority $ 500,000 _-Expiration 6/30/2014 excess of $ 500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: comprehensive general liability, automobile liability, and public officials errors and omissions, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. .. 9/12/2013 Date Foran C — Revised 03124/2010 Authorized David J. Clovis, ARM, General Manager Name and Title (Print or type) 3201 Doolan Road., Suite 285 • Livermore, CA 94551-7570 • Phone (925) 837-0667 • FAX (925) 290-1543 CITY OF OFFICE OF THE CITY ATTORNEY Robert F Epstein, City Attorney Lisa A. Goldfien, Assistant City Attorney Eric T. Davis, Deputy City Attorney 11 Lee Pullen, Manager Dept. of Health and Human Services Division of Aging & Adult Services 10 N. San Pedro Road, Suite 1012 San Rafael, CA 94903 September 11, 2013 Re: City of San Rafael Self -Insurance, San Rafael Goldenaires Dear Mr. Pullen: MAYOR GARY O. PHILLIPS VICE MAYOR BARBARA HELLER COUNCILMEMBER KATE COLIN COUNCILMEMBER DAMON CONNOLLY ER ANDREW CUYUGAN MCCULLOUGH The City of San Rafael, as permitted under State law, is self-insured for general liability, including automobile liability, for the first $500,000. Accordingly, the City does not have a commercially issued general liability insurance policy. Additionally, the City participates in a public entity excess liability pool for additional liability coverage of $24,500,000 in excess of $500,000. The pool, the California Joint Powers Risk Management Authority (CJPRMA) provides the City's excess coverage under a Memorandum of Coverage, I have' requested that a Certificate of Coverage be forwarded to you showing County of Marin, Department of Health & Human Services as the additional insured. With respect to Worker's Compensation liability, the City is self-insured for the first $750,000 and has a separate excess liability policy from Safety National Casualty Corporation, as detailed on the enclosed memorandum of coverage. Because it is a local governmental agency existing in the State of California and because it is entitled to self -insure under the Government Code, the City assumes that this letter will satisfy the insurance requirements of the Agreement between the County of Marin and the City of San Rafael— San Rafael Goldenaires, for activity scheduling and implementation programs. Please call the City Attorney's Office at 485-3080 should you have any questions regarding insurance. Very truly yours, ERIC T. DAVIS Deputy City Attorney Il ,Enclosure cc: Carol Jacobs-Courtz, Senior Recreation Supervisor 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 PHONE: (415) 485-3080 / FAX: (415) 485-3109 / EMAIL city.attorney@cityofsanrafael.oig A member of the Tokio Marine Group CERTIFICATE OF INSURANCE 1832 Schuetz Road St Louis, MO 63146-3540 Telephone (888) 995-5300 (314) 995-5300 Fax (314) 995-3843 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY LISTED BELOW. NAME AND ADDRESS OF CERTIFICATE HOLDER: California Dept Of Industrial Relations Office Of Self -Insurance Plans 2265 Watt Avenue, Suite #1 Sacramento, California 95825 Attn: Mr. Jon Wroten This is to certify that the policy of insurance listed below has bee force at this time. Notwithstanding any requirement, term or condi respect to which this certificate may be issued or may pertai t herein is subject to all the terms, exclusions and conditions herein be canceled before expiration date thereof the written notice to the above named certificate holder, bu i, to liability of any kind upon the CORPORATION.k ^ NAME INSURED EMPLOYER: CITY OF ADDRESS: POLICY NUMBER: TYPE OF INSURANCE: LOCATION(S): POLICY LIABILITY PERI POLICY PAYROLL REPORTING PERIOD: 1400 F Self -Insured Retention Per Occurrence Maximum Limit of Indemnity Per Occurrence July 01, 2014 July 01, 2014 t, Winsured named below and is in act or any other document with -' rded by the policy described �.` . any of the policy described will end dor to mail sixty (60) days :h nonce„8 11 impose no obligation or %94901 and Employers' Liability Insurance Employers' Liability Maximum Limit of Indemnity Per Occurrence and Aggregate $ 1,000,000 Statutory $ 2,000,000 SAFETY NATIONAL CASUALTY CORPORATION By: Gene R. Maier Senior Vice President of Workers' Compensation Underwriting Date: June 20, 2013 1—t—h— 1Q 7f11'3 F 07 PM Fano 1 of 1 SAM Search Results List of records matching your search for Search Term : City* State: CALIFORNIA Functional Area: Entity Management City: 618 B Street, San Rafael Zip Code: 94901 Record Status: Active ENTITY SAN RAFAEL, CITY OF Status -Active DUNS: 198423832 +4: CAGE Code: 4TB82 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 1400 5TH AVE City: SAN RAFAEL State/Province: CALIFORNIA ZIP Code: 94901-1943 Country: UNITED STATES 1—t—h— 1Q 7f11'3 F 07 PM Fano 1 of 1 Lar a, Gary From: Lisa Goldfien [Lisa.Goldfien@Cityofsanrafae1.org] Sent: Thursday, December 12, 2013 3:17 PM To: Lara, Gary Cc: Laraine Gittens; Eric Davis Subject: RE: Professional Services Contract for Multicultural Senior Activities at Boro Center; Insurance Dear Mr. Lara: You will find the City's Memorandum of Coverage (i.e. insurance policy) with the California Joint Powers Risk Management Association at the following link: hLtp:/Iciprma.org/docs/library/memorandum-coverage/2013 2014 moc pdf Please review Articles II(7) and (8.c), Article IV first paragraph, and Article VI (5. b) for information indicating that you are covered as shown on the Certificate of Coverage you have received. Please let me know if you require anything further. Thank you, Lisa A. Goldfien Assistant City Attorney City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Tel: (415) 485-3080 Fax: (415) 485-3109 email: lisa.goldfien@cityofsanrafael.org CONFIDENTIALITY NOTICE: This email and any attached files are CONFIDENTIAL and PRIVILEGED, intended only for the use of the individual or entity named as the recipient. If you have received this email in error, please destroy it and notify the sender by reply to lisa.goldfien@cityofsanrafael.org Thank you. From: Lara, Gary [mailto:GLara@marincounty.org] Sent: Thursday, December 12, 2013 3:00 PM To: Laraine Gittens Cc: Carol Jacobs-Courtz; Lisa Goldfien; Eric Davis Subject: RE: Professional Services Contract for Multicultural Senior Activities at Boro Center; Insurance Hello Ms. Gitten: I appreciate you sending these documents; however, I regret to inform you that we have already received these particular documents. What the County of Marin needs to complete the documentation is what is referred to as the "Additional Insured" certificate. This is required by the County of Marin and serves the purpose as an endorsement on your General Liability policy. 12/13/2013 Memorandum of Coverage Rl* sk Management, Authorl' ty 3201 DooboDood Suite 285-Dvnonmn-CA- 9455i - Phone (Y25)D37'0667- Fax (Y25)290'l54] TABLE OF CONTENTS 1) SECTION I Coverages.................................................................................... 2) SECTION II Definitions.......................................................... 3) SECTION III Defense and Settlement ....................................... 4) SECTION IV The Authority's Limit of Coverage ...................... 5) SECTION V Coverage Period and Territory ............................ 6) SECTION VI Exclusions............................................................ 7) SECTION VII Conditions............................................................ 8) ENDORSEMENTS ............................................ H ..........10 13 .............13 .....................................22 .......................... Attached 3201 Doolan Road, Suite 285 — Livermore — CA- 94551 —Phone (925)837-0667 — Fax (925) 290-1543 CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY MEMORANDUM OF COVERAGE PROGRAM YEAR: 2013-2014 This coverage document shall be in effect from July 1, 2013 through June 30, 2014. In consideration of the payment of the deposit premium, the Authority agrees with the covered parties as follows: SECTION I - COVERAGES The Authority will pay up to the limit of coverage those sums for ultimate net loss in excess of the retained limit that the covered parties become legally obligated to pay as damages because of bodily injury, property damage, personal injury, public officials errors and omissions or employment practices liability as those terms are herein defined and to which this agreement applies, caused by an occurrence during the coverage period, except as otherwise excluded. This Memorandum of Coverage does not provide insurance, but instead provides for pooled self-insurance. This Memorandum is a negotiated agreement among the members of the Authority and none of the parties to the Memorandum is entitled to rely on any contract interpretation principles that require interpretation of ambiguous language against the drafter of such agreement. This Memorandum shall be applied according to the principles of contract law, giving full effect to the intent of the members of the Authority, acting through the Board of Directors in adopting this Memorandum. As the Authority is not an insurer, it has no obligation to issue reservation of rights letters, nor does it have an obligation to provide "Cumis" counsel to a covered party in disputed coverage situations under California Civil Code section 2860. Finally, failure to provide notice to a covered party of any coverage dispute shall not operate to waive any of the provisions of this Memorandum. SECTION II - DEFINITIONS 1) Aircraft means a vehicle designed for the transport of persons or property principally in the air. 2) Airport means an area of land or water used or intended to be used for the landing and taking off of aircraft; including an appurtenant area used or intended to be used for airport buildings or other airport facilities or right of way; and airport buildings and facilities located in any of these areas, "Airport'' includes a heliport. Memorandum of Coverage Effective: 07/01,L2013 I 3) Authori shall mean the California Joint Powers Risk Management Authority created by the JPA Agreement. 4) Automobile means a land motor vehicle, trailer or semi -trailer. 5) Bodily iniury means bodily injury, sickness, disease or emotional distress sustained by a person, including death resulting from any of these at any time. Bodily injury includes damages claimed by any person or organization for care, loss of services or death resulting at any time from the bodily injury. 6) Care, Custody or Control Hazard includes all property damage to: (1) property that the covered party rents or occupies; (2) premises the covered parry sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) property loaned to the covered party; and (4) personal property in the care, custody or control of the covered party. 7) Covered Indemnity Contract means that part of any contract or agreement pertaining to the covered parry's routine governmental operations under which the covered parry assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. This definition applies only to liability that would be imposed by law in the absence of any contract or agreement, arising out of an occurrence to which this Agreement applies. 8) Covered party_ means: (a) A member entity of the California Joint Powers Risk Management Authority. This includes all entities named in its declarations page, including any and all commissions, agencies, districts, authorities, boards (including the governing board) or similar entities coming under the entity's direction or control, or for which the entity's board members sit as the governing body, except a hospital board or commission, regardless of how such body is denominated. (b) A member of a joint powers authority that is a member entity herein, which participates in said jpa's liability program. This includes all entities named in its declarations page, including any and all commissions, agencies, districts, authorities, boards (including the governing board) or similar entities coming under the entity's direction or control, or for which the entity's board members sit as the governing body, except a hospital board or commission, regardless of how such body is denominated. (c) Any person or entity identified as a covered party holding a certificate of coverage duly issued by the Authority, for occurrences during the coverage period identified in the certificate of coverage; if a particular activity is identified in the certificate of coverage, the person or entity is a covered party only for occurrences arising out of the described activity. Memorandum of Coverage E,1Jecti vc: 07/0112013 2 (d) Any person who is an official, employee or volunteer of a person or entity covered by (a), (b), or (c) herein, whether or not compensated, while acting in an official capacity for or on behalf of such person or entity, including while acting on any outside board at the direction of such person or entity, except a hospital board or commission, regardless of how such body is denominated. Covered party shall not include any person whose conduct is not within the course and scope of his or her employment or office with the covered party at the time of the act or acts that give rise to liability. (e) With respect to any automobile owned or leased by a covered party (described in (a), (b) or (c) above), or loaned to or hired for use by or on behalf of the covered party, any person while using such automobile, and any person or organization legally responsible for the use thereof, provided the actual use is with the express permission of the covered party, but this protection does not apply to: 1) Any person or organization, or any agent or employee thereof, operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to an occurrence arising out of the operation thereof; or 2) The owner or any lessee, other than the covered party, of any automobile hired by or loaned to the covered party or to any agent or employee of such owner or lessee. This agreement does not provide uninsured or underinsured motorist coverage. (f) Notwithstanding sections (d) and (e) above, the defense and indemnity coverage afforded by this agreement to a past or present official, employee or volunteer of a member entity (described in (a) or (b) above) is not broader than the member entity's duty to defend and indemnify its official, employee or volunteer pursuant to California Government Code sections 815 to 815.3, 825 to 825.6, and 995 to 996.6, inclusive and any amendments thereof. If the member entity which employs the official, employee or volunteer is not obligated under the Government Code to provide a defense, or to provide indemnity, for a claim, or if said member entity refuses to provide such defense and/or indemnity to said official, employee or volunteer, then this agreement shall not provide for any such defense or indemnity coverage to said official, employee or volunteer. All immunities, defenses, rights and privileges afforded to a member entity under Government Code sections 815 to 815.3, 825 to 825.6, and 995 to 996.6, inclusive and any amendments thereof, shall be afforded to the Authority to bar any defense or indemnity Memorandum of Coverage L ffective: 01-101/7013 3 coverage under this agreement to that member entity's official, employee or volunteer. (g) No person or entity is a covered party with respect to the conduct of any current or past partnership, joint venture or joint powers authority unless all members are covered parties under (a) or (b) herein. However, for any person (1) who is an official, employee, or volunteer of an entity covered by (a) or (b) herein, (2) who participates in the activities of any partnership, joint venture or joint powers authority (or any separate agency or entity created under any joint powers agreement by the named entity), and (3) who is acting for or on behalf of an entity covered by (a) or (b) herein at the time of the occurrence, then coverage is afforded by this agreement. Such coverage will be in excess of and shall not contribute with any collectible insurance or other coverage provided to the other joint powers authority, agency or entity. (9) Dam means any artificial barrier, together with appurtenant works, which does or may impound or divert water, and which either (a) is 25 feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream, channel or watercourse, to the maximum possible water storage elevation; or (b) has an impounding capacity of 50 acre-feet or more. Any such barrier which is not in excess of 6 feet in height, regardless of storage capacity, or which has a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam. No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwater, no railroad fill or structure, and no road or highway fill or structure, no circular tank constructed of steel or concrete or both, no tank elevated above the ground, and no barrier which is not across a stream charnel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a dam. No obstruction in the channel of a stream or watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the construction for percolation underground shall be considered a dam. The levee of an island adjacent to tidal waters in the Sacramento -San Joaquin Delta, as defined in California Water Code section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the A4emorancfum of Coverage Effective: 07/01/2013 4 impounded water does not exceed four feet above mean seal level, as established by the United States Geological Survey 1929 datum. No noneircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility shall be considered a dam. Nor shall any impoundment constructed and utilized to hold treated water from a sewage treatment plant be considered a dam. Nor shall any wastewater treatment or storage pond exempted from state regulation and supervision by California Water Code section 6025.5 be considered a dam. 10) Damages means compensation in money recovered by a party for loss or detriment it has suffered through the acts of a covered party. Damages include (1) attorney fees not based on contract awarded against the covered party, (2) interest on judgments, or (3) costs, for which the covered party is liable either by adjudication or by compromise with the written consent of the Authority, if the fees, interest or costs arise from an occurrence to which this coverage applies. Damages also include reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the covered party, which are assumed by the covered party in a covered indemnity contract where such attorney fees or costs are attributable to a claim for damages covered by this Memorandum. Damages with respect to employment practices liability shall not include those sums owed by a covered party as contract damages, any wages, salary, or benefit owed for work actually performed, or (whether prospective or retrospective) resulting from promotion or reinstatement, or any damages owing under an express contract of employment or an express obligation to make severance payments in the event of termination of employment. Damages with respect to employment practices liability also shall not include amounts awarded under a labor grievance or arbitration pursuant to a collective bargaining agreement, nor sums paid pursuant to any judgment or agreement, whether injunctive or otherwise, to undertake actions to correct past discriminatory or unlawful conduct or to establish practices or procedures designed to eliminate or prevent future discriminatory or other unlawful conduct, or any non -monetary relief. 11) Defense costs means all fees and expenses incurred by any covered party; caused by and relating to the adjustment, investigation, defense or litigation of a claim to which this coverage applies, including attorney fees. Defense costs shall include adjusting expenses of a third party claims administrator which are specifically identifiable with a claim subject to this coverage. ,'Memorandum of Coverage Efjeca ve: 07,101/2013 5 Defense costs shall not include: (a) the office expenses, salaries of employees or officials, or expenses of the covered party or the Authority; (b) any fee or expense relating to coverage issues or disputes between the Authority and any covered party; or (c) attorney fees, interest on judgments, or costs awarded to a prevailing plaintiff against the covered party. 12) Discrimination means an act or failure to act with respect to any present or former employee or applicant for employment with regard to compensation, terms, conditions, privileges or opportunities of employment because of race, color, religion, age, sex, disability, pregnancy, national origin, sexual orientation, or other protected category or characteristic established pursuant to any applicable federal, state or local statute or ordinance. 13) Employee means a person whose labor or services is engaged and directed by a covered party described in definition 8 (a), (b) or (c) above. This includes part- time, seasonal, and temporary labor or services, as well as any person employed in a supervisory, managerial or confidential position. Employee shall not include an independent contractor, volunteer or agent, and shall not include any person performing work pursuant to a court order in lieu of a fine or jail sentence. 14) Employment Practices Liability means liability arising from discrimination, sexual harassment, and/or wrongful termination claimed by an employee, former employee or applicant for employment of a covered party. 15) Limit of coverage shall be the amount of coverage stated in the declaration page or certificate of coverage for each covered party per occurrence, subject to any lower sublimit stated in this Memorandum. For each occurrence, there shall be only one limit of coverage regardless of the number of claimants or covered parties against whom a claim is made. If the covered parties have different limits of coverage, the highest limit for any party found liable by a final judgment will apply. 16) Marina means facilities which include floating docks, boat berthing spaces, marine fueling operations, marine repair facilities, storage facilities for boats and other related marine materials, and other related facilities in which berthing spaces are leased or rented to members of the public for berthing of their private boats. Marina includes all of such facilities beyond locking gates, fences or barriers barring access to non -lessees and within waterways enclosed by any breakwater or similar structure, and any repair and storage facilities wherever located. Memorandum of Coverage Efective: 07/01/2013 6 17) Medical malpractice means the rendering of or failure to render any of the following services: (a) medical, surgical, dental, psychiatric, psychological counseling, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or any services provided by a health care provider as defined in section 6146 (c), (2), (3) of the California Business and Professions Code. (b) furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. Medical malpractice does not include first aid administered by employees, nor does it include advice or services rendered by a 911 emergency dispatcher. 18) Member Entity means a signatory to the JPA Agreement creating the California Joint Powers Risk Management Authority. 19) Nuclear material means source material, special nuclear material, or byproduct material. "Source material', "special nuclear material", and "byproduct material" have the meanings given to them by the Atomic Energy Act of 1954 or in any law amendatory thereof. 20) Occurrence means: (a) with respect to bodily injury or property damage: an accident, including continuous or repeated exposure to substantially the same generally harmful conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the covered party. Property damage that is loss of use of tangible property that is not physically injured shall be deemed to occur at the time of the occurrence that caused it. (b) with respect to personal injury, public of errors and omissions liability and employment practices liability, respectively: an offense described in the definitions of those terms in this coverage agreement. 21) Personal injury means injury, other than bodily injury, arising out of one or more of the following offenses: (a) false arrest, detention or imprisonment, or malicious prosecution; (b) wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies; (c) publication or utterance of material that slanders or libels a person or organization or disparages a person's or organizations goods, products or 'Venorandum of Coverage ,&ctive: 07101/2013 services, or oral or written publication of material that violates a person's right of privacy. (d) discrimination or violation of civil rights. (e) injury resulting from the use of reasonable force for the purpose of protecting persons or property. 22) Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, airborne particles or fibers, asbestos, lead and waste. Waste includes material to be recycled, reconditioned or reclaimed. The term pollutants as used herein does not mean potable water, agricultural water, water furnished to commercial users or water used for fire suppression. 23) Property damage means: (a) physical injury to tangible property, including all resulting loss of use of that property; or (b) loss of use of tangible property that is not physically injured or destroyed. 24) Public officials errors and omissions means any actual or alleged misstatement or misleading statement or act or omission by any covered party (individually or collectively) arising in the course and scope of their duties with the covered party or claimed against them solely by reason of their being or having been public officials or employees, and which results in damage neither expected nor intended from the standpoint of the covered party. 25) Retained limit means the amount, identified in the applicable declaration or certificate of coverage, of ultimate net loss which the member entity must incur or become liable for before the Authority is obligated to make any payment, subject to the following: (a) For each occurrence, there shall be only one retained limit regardless of the number of claimants or covered parties against whom a claim is made. If the covered parties have different retained limits, the lowest retained limit of any party found liable will apply. Payment of the retained limit shall be apportioned among the covered parties in accordance with their proportionate shares of liability. (b) If the payment is for a settlement, the retained limit shall be apportioned among the covered parties, in accordance with the respective parties' agreed upon or court -determined share of liability. In the event that the apportionment requires court determination, the covered parties will pay all costs of the California Joint Powers Risk Management Authority in seeking Memorandum of Coverage Effective: 07/01/2013 8 adjudication or by compromise with the written consent of the Authority, arising from an occurrence to which this coverage applies. However, ultimate net loss does not include defense expenses incurred by the Authority after the Authority assumes control of the negotiation, investigation, defense, appeal or settlement of any claim or proceeding. Ultimate net loss also does not include attorneys fees or costs awarded to the prevailing party in a suit except where such attorneys fees or costs are attributable to a claim for compensatory damages covered by this Memorandum. 28) Wrongful termination means termination of an employment relationship in a manner which is against the law and wrongful or in breach of an implied agreement to continue employment. SECTION III - DEFENSE AND SETTLEMENT The Authority shall have no duty to assume charge of investigation or defense of any claim. However, the Authority, at its own expense, shall have the right to assume the control of the negotiation, investigation, defense, appeal or settlement of any claim which the Authority determines, in its sole discretion, to have a reasonable possibility of resulting in an ultimate net loss in excess of the applicable retained limit. The covered party shall fully cooperate in all matters pertaining to such claim or proceeding. If the Authority assumes the control of the handling of a claim, the covered parties shall be obligated to pay at the direction of the Authority any sum necessary for the settlement of a claim, or to satisfy liability imposed by law, up to the applicable retained limit. No claim shall be settled for an amount in excess of the retained limit without the prior written consent of the Authority and the Authority shall not be required to contribute to any settlement to which it has not consented. SECTION IV - THE AUTHORITY'S LIMIT OF COVERAGE The limit of coverage is the most the Authority will pay for ultimate net loss arising out of any occurrence, and the amount payable for ultimate net loss under this agreement shall be reduced by the amount of the retained limit. (For example, if the covered party has a $40,000,000 limit of coverage and a $500,000 retained limit, the Authority will pay not more than $39,500,000 after exhaustion of the retained limit.) For each occurrence, there shall be only one limit of coverage regardless of the number of claimants or covered parties against whom a claim is made. The limit of coverage for an additional covered party (including its officials, employees and volunteers) shall be the limit stated in its additional covered party certificate, regardless of the limit that applies to the member entity. Where this Agreement, or an endorsement or declaration, lists a "sublimit," that sublimit operates as the limit of coverage. (For example, if the covered party has a $2,000,000 Monorandum of Coverage Elfeclive: 07/01!2013 10 sublimit and a $1,000,000 retained limit, the Authority will pay not more than $1,000,000 after exhaustion of the retained limit.) Should it appear to the Board of Directors that the total exposure for all claims in a program year may exceed a general aggregate limit for Pool D, the aggregate limit will be prorated between the member entities, on the basis of the member entities' respective premium contributions for the program year at issue. For purposes of determining whether the aggregate limit has been exhausted, the Board retains full discretion regarding placement of reserves, and payment of claims in order to equitably allocate the general aggregate limit. Once the general aggregate limit for such claims occurring during a program year has been exhausted, the Authority will have no further obligation to pay for covered ultimate net loss for such claims within Pool D, but this will not limit coverage which may be available within Pools B or C. EPL Sublimit A sublimit applies to employment practices liability. For any claims arising out of employment practices liability, the limit of coverage will be $8,000,000 per occurrence. All allegations by an employee or former employee or applicant for employment in the same claim shall be considered as one occurrence for the purpose of the limit of coverage. All claims by all employees or former employees or applicants for employment arising from the same act, policy, or course of conduct by a covered party shall be considered as one occurrence for the purpose of the limit of coverage. All claims which allege employment practices liability for occurrences extending to a duration of more than one coverage period shall be treated as a single occurrence arising during the first coverage period when the occurrence begins. This sublimit for employment practices liability will further be subject to an annual aggregate limit, so that the $8,000,000 limit of coverage is the most the Authority will pay for all ultimate net loss arising out of employment practices liability for any covered party (inclusive of its employees, commissions, agencies, districts, authorities or boards), as defined in Section II(8)(a) or (b) for any coverage year. Subsidence Sublimit For bodily injury, property damage or personal injury arising out of the subsidence of land or earth, the sublimit will be $5,000,000 per occurrence. Fungal Pathogens Sublimit/Aureuate Limit A sublimit applies to any loss, cost or expense directly or indirectly arising out of or related to exposure to "fungal pathogens," whether or not there is another cause of loss that may have contributed concurrently or in any sequence to the loss. The sublimit will be $10,000,000 per occurrence, subject also to a $5,000,000 annual aggregate collectively in Pool D only, for all covered parties. The designated general aggregate limit of Memorandum of Coverage Effeeli ve: 0 710 1/2 0 1 3 11 $5,000,000 is the most the Authority will pay from Pool D because of such claims for all covered parties, combined, in any program year. "Fungal pathogens" as used herein, shall mean any fungus or mycota or any byproduct or type of infestation produced by such fungus or mycota, including, but not limited to, mold, mildew, mycotoxins, spores or any biogenic aerosols. Sexual Abuse — Daycare Operations Sublimit/Aggrevte Limit A sublimit applies to "sexual abuse" arising out of daycare operations. The sublimit will be $10,000,000 per occurrence, subject also to a $5,000,000 annual aggregate collectively in Pool D only, for all covered parties. The designated general aggregate limit of $5,000,000 is the most the Authority will pay from Pool D because of such claims for all covered parties, combined, in any program year. All claims based on or arising out of "sexual abuse" as respects daycare operations by the covered party's employee and/or volunteer, or more than one of the covered party's employees and/or volunteers acting in concert, will be considered as arising out of one occurrence regardless of: (1) the number of persons sexually abused; (2) the number of locations where the sexual abuse occurred; (3) the number of acts of sexual abuse; or (4) the period of time over which the sexual abuse took place. An occurrence which extends to a duration of more than one coverage period shall be treated as a single occurrence arising during the first coverage period when the occurrence began. As used herein, "sexual abuse" means any actual or alleged criminal sexual conduct of a person or persons acting in concert, which causes physical and/or mental injuries. "Sexual abuse" includes sexual molestation, sexual assault, sexual exploitation or sexual injury. Terrorism Sublimit/Aggregate Limit A sublimit applies to any loss, cost or expense directly or indirectly arising out of any act or multiple, related acts of terrorism, regardless of any other cause or event contributing concurrently or in sequence to the loss. The sublimit will be $10,000,000 per occurrence, subject also to a $5,000,000 annual aggregate collectively in Pool D, only, for all covered parties. The designated general aggregate limit of $5,000,000 is the most the Authority will pay from Pool D because of such claims for all covered parties, combined, in any prograin year As used in this sublimit, "terrorism" shall mean any activity that: ,Memorandum ofCoverage EQJecrive: 07101201 3 12 (1) is declared by any authorized governmental official to be or to involve "terrorism," terrorist activity or acts of terrorism; or, (2) includes, involves or is associated with the use or threatened use of force, violence or harm to human life, tangible or intangible property, the environment, natural resources, or the infrastructure or includes, involves or is associated with, in whole or in part, the use or threatened use of, or release or threatened release of, any biological, chemical, radioactive or nuclear agents, materials, devices or weapons, and (3) is intended, in whole or in part, to (i) intimidate, coerce, or frighten a civilian population; or (ii) disrupt or interfere with any segment of a local, national or global economy; or (iii) influence, disrupt or interfere with any government related operations, activities or policies; or (iv) promote, further or express opposition to any political, ideological, racial, ethnic, social or religious cause or objective. Airports, Pollution, and Property of a Covered Party Sublimits/AgreSate Limits Exclusions 2 (Airports), 27 (Pollution) and 29 (Property of a Covered Party) contain additional sublimits/aggregate limits. SECTION V - COVERAGE PERIOD AND TERRITORY This agreement applies to bodily injury, personal injury, property damage, public officials errors and omissions and employment practices liability which occurs anywhere in the world during the coverage period identified in the applicable declaration or certificate of coverage. SECTION VI - EXCLUSIONS (Captions provided for the exclusions are descriptive only and do not serve to either expand or limit coverage.) This agreement does not apply to: 1) Aircraft Claims arising out of the ownership, operation, use, maintenance or entrustment to others of any aircraft by a covered party. "Ownership, operation, use or maintenance" as used herein does not include static displays of aircraft in a park or museum setting. 2) Airports Claims arising out of ownership, maintenance, management, supervision or the condition of any airport. However, this exclusion does not apply to public officials errors and omissions or employment practices liability coverage arising from the Memorandum of Coverage 6ffecti ve: 07/01 /2 013 13 ownership, maintenance, management, supervision or the condition of any airport. Notwithstanding what is stated in the applicable declarations, public officials errors and omissions coverage described in this exception will be subject to a sublimit of $5,000,000. 3) Airshows Claims arising out of any air show sponsored or controlled by the covered party. 4) Bid Specifications/Cost Overruns (a) Claims arising out of estimates of probable cost or cost estimates being exceeded or faulty preparation of bid specifications or plans including architectural plans. (b) Mechanic's lien claims, stop notice claims, change order claims, or similar claims by contractors for the value of services or materials provided; this exclusion extends to such claims however denominated, including claims of breach of oral or written contract, third -party beneficiary claims, quantum meruit claims, and/or open account claims. 5) Contractual Obligations Claims arising out of: (a) a failure to perform or breach of a contractual obligation; or (b) bodily injury or property damage for which the covered parry is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 1) assumed in a contract or agreement that is a covered indemnity contract, provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement; or 2) that the covered party would have in the absence of the contract or agreement. Notwithstanding this exclusion, the General Manager (or Board President or Vice President, in the absence of the General Manager) is granted authority to approve settlements involving promises to indemnify a co-defendant as part of the settlement. Any funds recovered from a co-defendant under such an agreement must be applied to ultimate net loss in addition to the retained limit before CJPRMA coverage is triggered. Memorandum oj'Coverage Ef fecu ve: 07101112013 14 6) Damages Other Than Money Ultimate net loss arising out of relief, or redress, in any form other than money damages. 7) Dams Claims arising out of partial or complete structural failure of a dam owned or operated by a covered party. 8) Defamation Claims arising out of oral or written publication of material, if done by or at the direction of the covered parry with knowledge of its falsity. 9) Employment Liability Bodily injury to: (a) an employee of the covered party arising out of and in the course of: 1) employment by the covered parry; or 2) performing duties related to the conduct of the covered party's business. (b) the spouse, child, unborn child or fetus, parent, brother or sister of the employee as a consequence of paragraph (a) above. This exclusion applies to any obligation to share damages with or repay someone else who must pay damages because of the injury except under a covered indemnity contract. This exclusion applies whether the covered party may be liable as an employer or in any other capacity. 10) Employment Practices — Labor Disputes Under employment practices liability, to any potential or actual liability arising out of a lockout, strike, picket line, replacement or other similar action in connection with labor disputes or labor negotiations. 1 1) Employment Practices — Workers' Adjustment and Retraining Under emplovment practices liability, to any liability arising out of the Workers' Adjustment and Retraining Notification Act, Public Law 100-379 (1988), or any amendment thereto, or any similar federal, state or local law. Memorand"In ofCoverage , f ective: 07/0/12013 15 12) Elected Officials — Employees - Restitution Claims by any covered party against its own past or present elected or appointed officials, employees or volunteers, where such claim seeks damages or restitution payable to the covered party. 13) Employee Benefit Plans Benefits payable under any employee benefit plan (whether the plan is voluntarily established by the covered party or mandated by statute) because of unlawful discrimination. This exclusion applies whether the covered party may be liable as an employer or in any other capacity. 14) Employment Benefits Any obligation under any workers' compensation, unemployment compensation or disability benefits law or any similar law. This exclusion applies whether the covered party may be liable as an employer or in any other capacity. 15) ERISA Claims arising out of the Employee Retirement Income Security Act of 1974 or any law amendatory thereof, or any similar law or liability arising out of fiduciary activities as respects employee benefits plans. 16) Failure to Supply Claims arising out of the failure to supply or provide an adequate supply of gas, water, electricity, storm drainage or sewage capacity when such failure is a result of the inadequacy of the covered party s facilities to supply or produce sufficient gas, water, electricity, storm drainage or sewage capacity to meet the demand. This exclusion does not apply if the failure to supply results from direct and immediate accidental damage to tangible property owned or used by any covered party to procure, produce, process or transmit the gas, water, electricity, storm drainage or sewage. 17) Fines, Penalties, Punitive Damages Fines, assessments, penalties, restitution, disgorgement, exemplary or punitive damages. This exclusion applies whether the fine, assessment, penalty, restitution, disgorgement, exemplary or punitive damage is awarded by a court or by an Memorandum of Coverage Effective: 07101,12013 16 administrative or regulatory agency. "Restitution" and "disgorgement" as used herein refer to the order of a court or administrative agency for the return of a specific item of property or a specific sum of money, because such item of property or sum of money was not lawfully or rightfully acquired by the covered parry. 18) Firing Ranges Claims arising out of the private use of a firing range owned, operated or maintained by a covered party where such private use is sanctioned by the covered party, except where such use is by a covered individual as defined in definition (8) (d). This exclusion does not apply to such private use where all of the following conditions are met: (a) A qualified range master is present at all times while the firing range is being utilized; (b) The firing range is only provided for the additional use of law enforcement divisions of other public agencies, and police academies, herein defined as California P.O.S.T. (Peace Officers Standards & Training) Certified Basic Academies; (c) Any agency using the firing range has provided an indemnification agreement which assumes full responsibility by the user agency for all liability arising out of their activities; and (d) The user agency has provided liability coverage in an amount of not less than $1,000,000 and has also provided a certificate of coverage which names the CJPRMA member as an additional covered party. 19) Hospitals Claims arising out of ownership, maintenance, management, supervision or the condition of any hospital. 20) Intentional Conduct Claims for injury or damages caused by intentional conduct done by the covered party with willful and conscious disregard of the rights or safety of others, or with malice. However, where the covered parly did not authorize, ratify, participate in, consent to, or have knowledge of such conduct by its past or present employee, elected or appointed official, or volunteer, and the claim against the covered party is based solely on its vicarious liability arising from its relationship with such employee, official or volunteer, this exclusion does not apply to said covered party. Memorandum of Coverage Effective: 0710112013 17 21) Jumping/Propellin2 Activities Claims arising out of bungee jumping or propelling activities sponsored, controlled or authorized by a covered party. 22) Land Use Claims arising out of or in connection with land use regulation, land use planning, the principles of eminent domain, condemnation proceedings or inverse condemnation by whatever name called, and whether or not liability accrues directly against any covered party by virtue of any agreement entered into by or on behalf of any covered party. 23) Marinas Claims arising out of- (a) f (a) or connected with property damage to private vessels or craft while present at or in a marina owned, operated or controlled by a covered party whether or not the vessel or craft is docked, moored or underway; or (b) bodily injury or property damage occurring on, in or about any boat owned or operated by the covered party (whether such vessel is being operated or has broken away from any dock or mooring) while present at or in a marina owned, operated or controlled by a covered party. 24) Medical Malpractice Claims arising out of any professional medical malpractice (1) committed by a doctor, osteopath, chiropractor, dentist or veterinarian, or (2) committed by any health care provider (as defined in Business & Professions Code Section 6146(c) (2)) working for any hospital or hospital operated out-patient, in-patient or other clinic at the time of the occurrence giving rise to the loss. This exclusion shall not apply, however, to any injury arising out of emergency medical services rendered or which should have been rendered to any person or persons during the coverage period by any duly certified emergency medical technician, paramedic, or nurse who is employed by or acting on behalf of any member entity to provide such services, but is not employed at a hospital, clinic or nursing home facility. 25) Multi Passenger Vehicles Claims arising out of the ownership, operation, maintenance or use of any vehicle (1) with over 30 passengers seats or carrying over 30 passengers and (2) which is owned, operated, maintained or used by any transit authority, transit system or public transportation system owned or operated by or on behalf of the covered party. Memorandum of'Coverage g ective. 07,/01/2013 18 26) Nuclear Material Claims arising out of the hazardous properties of nuclear material. 27) Pollution Claims which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. (a) This exclusion does not apply to fire fighting activities, including training burns, or intentional demolition or burns for the purpose of limiting a fire, or the discharge of pollutants for the purpose of controlling a fire; or to police use of mace, oleoresin capsicum (O.C.), pepper gas or tear gas; or to weed abatement or tree spraying. (b) This exclusion does not apply to claims arising from sudden and accidental sewer backups. Notwithstanding what is stated in the applicable declarations, the limit of coverage for claims described in this exception will be subject to a sublimit of $5,000,000. (c) This exclusion does not apply to claims arising from the sudden and accidental discharge, dispersal, release, or escape of chlorine and other chemicals (gas, liquid or solid) which are being used or being prepared for use in fresh or wastewater treatment or in water used in swimming pools, wading pools or decorative fountains. Notwithstanding what is stated in the applicable declarations, the limit of coverage for claims described in this exception will be subject to a sublimit of $5,000,000. (d) This exclusion does not apply to claims arising from materials being collected as part of any drop-off or curbside recycling program implemented and operated by the covered party; if the materials have not been stored by the covered party or parties for a continuous period exceeding ninety (90) days. Notwithstanding what is stated in the applicable declarations, the limit of coverage for claims described in this exception will be subject to a sublimit of $5,000,000. (e) This exclusion does not apply to sudden and accidental discharges of pollutants occurring during the transportation or deposit of materials as part of garbage collection activities. However, the exclusion does apply after pollutants have been deposited at a landfill or garbage dump. (f) This exclusion does not apply to bodily injury or property damage arising from activities of the covered party to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants, but this exception will not Memorandum ofCoverage Effective: 071011,1013 19 apply to bodily injury or property damage caused by pollutants on or arising from premises, equipment or locations under the control of the covered party. (g) This exclusion does not apply to sudden and accidental discharges of pollutants from premises owned or controlled by a Covered Party as described in Definition 8(a) or (b) if the discharge is discovered within ten (10) days of the occurrence and reported to the Authority within thirty (3 0) days of discovery. Notwithstanding what is stated in the applicable declarations, the limit of coverage for claims described in this exception will be subject to a sublimit of $5,000,000. As used in paragraphs (b), (c), (e) and (g) above, "sudden" means abrupt or immediate, and occurring within a period not exceeding twenty-four (24) hours; "accidental" means causing harm neither expected nor intended by a covered party. Notwithstanding what is stated in the applicable declarations, any liability arising out of the actual, alleged or threatened exposure to asbestos or lead, which is covered by an exception within this exclusion, shall be subject to a sublimit of $5,000,000. 28) Pollution Clean Up Any loss, cost or expense, including defense costs, arising out of any: (a) request, demand or order that any covered party or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. 29) Property of a Covered Party Property damage to: (a) property owned by the covered party; (b) property rented to or leased to the covered party where it has assumed liability for damage to or destruction of such property, unless the covered party would have been liable in the absence of such assumption of liability; or (c) aircraft or watercraft in the covered party's care, custody or control. A4emorandum of Coverage Ef)ective: 07/0112013 20 Notwithstanding what is stated in the applicable declarations, the limit of coverage for any property damage not excluded by the language of this exclusion, but which is described in the care, custody or control hazard, shall be subject to a general aggregate limit within Pool D only. The designated general aggregate limit of $5,000,000 is the most the Authority will pay from Pool D for all ultimate net loss described in the care, custody or control hazard for all covered parties, combined, in any program year. 30) Public Officials Errors & Omissions — Fiduciary Liability Under public officials errors and omissions coverage, claims (including emotional distress claims) arising from the covered party's activities in a fiduciary capacity including but not limited to those with respect to: (a) property, including related operations, in which the covered party is acting in a fiduciary or representative capacity; (b) a pension, welfare, profit sharing, mutual or investment trust fund or trust, benefit plan or similar activity in a fiduciary capacity; (c) the issuance, management of proceeds or repayment of bonds, notes or other debt instruments by any insured or any agent acting on behalf of such insured; or (d) the purchase, transfer or sale of any securities by any insured or agent acting on behalf of such insured. 31) Public Officials Errors & Omissions — Bodily Injury or Property Damage Under public officials errors and omissions coverage, bodily injury, personal injury, or physical injury to tangible property, including all resulting loss of use of that property. 32) Racing Contests Claims arising out of automobile or motorcycle drag racing, speed racing, or similar speed contests sponsored, controlled or participated in by a covered parry. 33) Reasonable Accommodation Any expense or cost incurred by a covered party arising from reasonable accommodation of any disabled person, including any employee. 34) Refunds/Restitution Refund or restitution of taxes, fees or assessments. 35) Reimbursement of Money Claims for refund, reimbursement or repayment of any monies to which a covered party was not legally entitled. Afemorandum of Coverage ffecti vc: 07/01/2013 21 36) Transit Authorities Claims arising out of the operation of vehicles by or on behalf of any transit authority, transit system, or public transportation system owned or operated by a covered party, unless the vehicles are owned or leased by the covered party and driven, maintained, and supervised by employees of the covered party. However, this exclusion does not apply to public officials errors and omissions coverage arising from the operation of any transit authority, transit system, or public transportation system. 37) Tumbling Devices Claims arising out of the ownership, maintenance or use of any trampoline or any other rebound tumbling device. 38) Uninsured/Underinsured Motorists Uninsured or underinsured motorist coverage. 39) Watercraft For any motorized watercraft owned, operated, rented, or loaned to a covered party, to (1) bodily injury or property damage arising out of the use of watercraft unless such use is by an entity employee acting within the course and scope of employment; and (2) to watercraft being used to carry persons or property for a charge. Charge, as used herein, includes any payment or fee, including a donation. Use includes operation and loading or unloading. Use does not include static displays of watercraft. 40) Willful Violation of Statute Claims arising out of the willful violation of a statute or ordinance committed by the covered party or with its consent. SECTION VII - CONDITIONS 1) Covered party's Duties in the Event of Occurrence, Claim or Suit (a) The covered party shall notify the Authority within 30 days upon receipt of notice of a claim, or the setting of a reserve on any claim or suit including multiple claims or suits arising out of one occurrence, such claim or reserve amounting to fifty percent or more of the retained limit; Title 42 USC 1983 cases in which a complaint has been served and the plaintiff is represented by legal counsel or with reserves of twenty-five percent or more of the retained limit; or regardless of reserve, any claim involving: Memorandum of Coverage Effective: 0 7/0 /12 0 1 3 22 I ) one or more fatalities; 2) loss of a limb; 3) loss of use of any sensory organ; 4) quadriplegia or paraplegia; 5) third degree burns involving ten percent or more of the body; 6) serious facial disfigurement; 7) paralysis; or 8) closed head injuries. Written notice containing particulars sufficient to identify the covered party and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the covered party and of available witnesses, shall be given by or for the covered party to the Authority or any of its authorized agents as soon as possible. (b) The covered party shall notify the Authority within 30 days upon receipt of lawsuit containing allegations involving employment practices liability. Where any lawsuit is reported after the 30 day period as required by this provision, all defense costs incurred prior to the date of late reporting will not constitute covered ultimate net loss eroding the self insurance retention. The covered parties shall cooperate in an early review of employment practices liability claims or suits with counsel appointed by the Authority at the expense of the Authority. (c) If claim is made or suit is brought against the covered party and such claim or suit falls within the description in paragraph (a) above, the covered party shall be obligated to forward to the Authority every demand, notice, summons or other process received by it or its representative. (d) The covered party shall cooperate with the Authority and upon its request assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the covered party because of bodily injury, personal injury, property damage or public officials errors and omissions with respect to which coverage is afforded under this Agreement; and the covered party shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. (e) The Authority shall be entitled to complete access to the covered party's claim file, the defense attorney's complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report on the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys andor agents. Memorandum of Coverage Effective: 0710112013 23 2) Action Against Authority/Subrogation (a) No action shall lie against the Authority with respect to the coverages and related provisions defined in the Memorandum of Coverage (Memorandum) for the Automobile/General Liability Program unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of the Memorandum, nor until the amount of the covered party's obligation to pay shall have been finally determined either by judgment against the covered parry after actual trial or by written agreement of the covered party, the claimant and the Authority. Any person or organization or the representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under said Memorandum to the extent of the coverage afforded by said Memorandum. No person or entity shall have any right under said Memorandum to join the Authority as a party to any action against the covered party to determine the covered party's liability, nor shall the Authority be impleaded by the covered party or its legal representative. (b) The Authority shall be subrogated to the extent of any payment hereunder (including all ultimate net loss incurred) to all the covered party's rights of recovery thereof, and the covered party shall do nothing after loss to prejudice such right and shall do everything necessary to secure such right. Any amount so recovered shall be apportioned as follows: 1) The Authority shall be reimbursed first to the extent of its actual payment thereunder. If any balance then remains unpaid, it shall be applied to reimburse the covered party. 2) The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted by the Authority, it shall bear the expenses thereof. 3) Bankruptcy or Insolvency Bankruptcy or insolvency of the covered party shall not relieve the Authority of any of its obligations hereunder. 4) Other Coverage If insurance or any other coverage with any insurer, joint powers authority or other source respectively is available to the covered party covering a loss also covered hereunder (whether on primary, excess or contingent basis), the coverage hereunder shall be in excess of, and shall not contribute with, such other insurance or coverage. This coverage shall be in excess of, and shall not contribute with, any insurance or coverage designed to cover the operator of an automobile or watercraft. This coverage shall be in excess of, and shall not contribute with, any insurance or coverage which names a covered party herein as an additional covered AWenorandum of Coverage Effective: 07/01/2013 24 party or additional insured party, where coverage is extended to a loss also covered hereunder. This "other coverage" paragraph shall not operate to increase the covered party's retained limit or the Authority's limit of coverage under this Memorandum because of any coverage afforded to the covered party by the Employment Risk Management Authority. 5) Severability of Interests The term covered party is used severally and not collectively, but the inclusion herein of more than one covered party shall not operate to increase the limits of the Authority's liability or the retained limit applicable per occurrence. 6) Accumulation of Limits An occurrence which extends to a duration of more than one coverage period shall be treated as a single occurrence arising during the first coverage period when the occurrence begins. 7) Termination This Agreement may be terminated at any time in accordance with the Bylaws of the Authority. 8) Changes Notice to any agent or knowledge possessed by any agent of the Authority or by any other person shall not affect a waiver or a change in any part of this Memorandum of Coverage, nor shall the terms of this Memorandum of Coverage be waived or changed, except by endorsement issued to form a part of this Memorandum of Coverage. 9) Reduction of Limits In the event of reduction or exhaustion of the retained limit applicable to the covered party by reason of losses paid thereunder, this coverage shall (a) in the event of reduction pay the excess of the reduced underlying retained limit, or (b) in the event of exhaustion continue in force as underlying coverage. In no event shall the coverage apply until the retained limit is exhausted through the payment of defense costs, judgments and/or settlements to which the Authority has agreed. 10) Coverage Disputes The General Manager shall make the initial determination whether to deny coverage on all or part of a claim, or to reserve the Authority's right to deny coverage on all or part of a claim, if a loss subsequently exceeds the retained limit. Memorandum ofCovera�fe E/fecti ve: 07/01/2013 25 A decision by the General Manager to deny coverage can be appealed to the Board of Directors. Notice of such appeal shall be submitted in writing within thirty (30) calendar days of the date of the General Manager's written notice of decision. The appeal shall be considered by the Board of Directors at the next regular or special meeting following receipt of the written appeal; if the appeal is received too late for inclusion in the agenda packet, it can be postponed to the next following Board meeting. The General Manger and the covered party will have the right to submit written materials and present oral argument to the Board, subject to reasonable time constraints. Within sixty (60) days following any denial of coverage by the Board, the covered party may request, in writing, that the Authority initiate a declaratory relief action in Superior Court for a determination of the coverage matter. The declaratory relief action shall be initiated in the County of the Authority's home office, unless the Authority and covered party agree on a different venue. Any determination by the Executive Committee, and by the Board of Directors if the matter is appealed to the Board of Directors, whether a Covered Party has breached parts (1)(a) or (b) of these Conditions concerning notice of a claim, and any determination whether the Authority has been prejudiced by that breach, so that this coverage does not apply, comes within the sole discretion of the Executive Committee and Board of Directors, respectively. Such determinations shall be conclusive, final and binding and shall not be the subject of any further review, whether by declaratory relief action or otherwise. Rlemorandum of Coverage Effective: 07/01;2013 26 CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY PROGRAM YEAR 2013-2014 ENDORSEMENT NO. 1 Exclusions number 25 (Multi -Passenger Vehicles) and 36 (Transit Authorities), set forth in Section VI of the Memorandum of Coverage, are hereby modified by exempting therefrom the member entity listed below: The school bus system operated by the Esparto Unified School District (YCPARMIA). This endorsement is issued to: I. The Yolo County Public Agency Risk Management Insurance Authority (YCPARMIA) This endorsement forms a part of the Memorandum of Coverage for the program year indicated above. Effective date: July 1, 2013 i - July 1, 2013 Date General Manager CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY PROGRAM YEAR 2013-2014 ENDORSEMENT NO. 2 Exclusion number 39 (Watercraft), set forth in Section VI of the Memorandum of Coverage, is hereby modified by exempting therefrom The City of Lodi, subject to the following conditions: 1) The exemption is applicable to the pontoon boats utilized for the City's camera safari tours. 2) Everyone on the boats is required to wear Coast Guard approved floatation devices. 3) A Coast Guard "Masters Limited" certification must be completed. This endorsement is issued to: The City of Lodi This endorsement for►ns a part of the Memorandum of Coverage for the program year indicated above. Effective date: July 1, 2013 July 1, 2013 Date General Manager CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY PROGRAM YEAR 2013-2014 ENDORSEMENT NO.3 With respect to any claims arising out of the ownership, maintenance, management, supervision or the condition of port facilities owned or controlled by the parties named below, there shall be no coverage in "Pool C" or "Pool D." Coverage in "Pool B" shall be excess of, and shall not contribute with, any insurance or coverage provided to the parties listed below by the insurer/coverage provider for any contractor (whether public or private) under contract to operate or service the port facilities. But coverage in "Pool B" shall not be excess of any insurance or coverage provided by or through the California Association of Port Authorities, the U.S. Ports & Terminal Operators Risk Purchasing Group, and shall instead apply (in excess of YCPARMIA's coverage) to satisfy part of the $1 million Self Insured Retention under CAPA coverage. This endorsement is issued to: The Yolo County Public Agency Risk Management Insurance Authority (YCPARMIA), and its member, the City of West Sacramento. This endorsement forms a part of the Memorandum of Coverage for the program year indicated above. Effective date: July 1, 2013 July 1, 2013 Date General Manager CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY PROGRAM YEAR 2013-2014 ENDORSEMENT NO.4 With respect to bodily injury or property damage arising out of, and caused by, a "Special Event," the Retained Limit stated in the Declarations Page is amended to $25,000. For purposes of this Endorsement, "Special Event" means an event described below for which a third party ("Event Sponsor"), by written contract (including by permit agreement executed by the Event Sponsor), agrees to use facilities of the Covered Party for a specified period of time and activity, and agrees by the contract to indemnify and hold harmless the Covered Party from risk of loss arising from the event. The indemnity and hold harmless agreement must provide that the Event Sponsor "agrees to indemnify and hold harmless [covered party] and its agents and employees from and against any injury, damage, claims, actions or suits arising out of the [Special Event], including those caused by negligence of the parties being indemnified and/or any dangerous condition of property of the parties being indemnified, and further agrees to defend and indemnify [covered party] from and against any injury, damage, claims, actions or suits arising out of or connected with the [special event]." "Special event" includes: 1. Aerobics — Jazzercize demonstrations 2. Animal Acts/Shows (not Zoos or Circuses) 3. Antique Shows 4. Art Festivals 5. Art Shows 6. Auctions 7. Automobile Shows S. Awards Presentations 9. Ballets 10. Banquets 11. Bazaars 12. Beauty Pageants 13. Bingo/Casino games 14. Block Parties, including those with Street Closures 15. Boat Shows 16. Body Building Contests 17. Business Meetings 18. Business Shows 19. Carnivals (not including mechanized rides) 20. Casino and Lounge Shows 21. Charity benefits, auctions and sales; fund raisers 22. Civic clubs and group meetings 23. Community Fairs 24. Concerts with total attendance of less than 1500 25. Consumer Shows 26. Conventions in Buildings 27. Craft Shows 28. Dance Shows/Recitals 29. Dances and Parties (except with Rap or Heavy Metal) 30. Debutante Balls 31. Dinncr Theater 32. Dog Shows 33. Drill Team exhibitions 34. Eductational exhibitions 35. Electornics Conventions 36. Ethnic Fairs or Celebrations 37. Evangelistic meetings 38. Expositions 39. Farmers' Markets 40. Fashion Shows 41. Fishing Shows or contests 42. Flea Markets 43. Flower Shows 44. Food concessions 45. Garden Shows 46. Graduations 47. Harvest Festivals 48. Holiday Shows 49. Home Shows 50. Horse Shows 51. Housing Shows 52. Instructional Classes 53. Job Fairs 54. Ladies Club events 55. Lectures 56. Livestock Shows 57. Luncheon Meetings 58. Mobile Home Shows 59. Musicals 60. Night Club Shows 61. Operas 62. Organized Sight Seeing Tours 5 63. Pageants 64. Parties with total attendance of less than 500 65. Picnics 66. Plays 67. Political Rallies 68. Proms 69. Quinceaneras 70. RV Shows 71. Religious Assemblies 72. Reunions 73. Rummage Sales 74. Scavenger Hunts 75. Scouting Jamborees 76. Seminars 77. Sidewalk Sales 78. Soap Box Derbies 79. Social Receptions or Gatherings 80. Speaking Engagements 81. Sporting events if non-professional, non-league, non -contact (bicycle races/rallies, equestrian events, golf, gymnastics, tennis, handball or racquetball, roller skating, handball, marathons, fun runs, l OK races, gymnastic competitions, ice skating shows, ski events) 82. Sporting events if non-professional, non-league, limited contact (baseball or softball, soccer, roller hockey, basketball) 83. Street Fairs 84. Swap Meets 85. Symphony Concerts 86. Teleconferences 87. Telethons 88. Theatrical Stage Performances 89. Trade Shows 90. Union Meetings 91, Vacation Shows 92. Voter Registration 93. Walk a Thons 94. Weddings and Receptions "Special Event" does not include: 1. Aircraft/aviation events (static displays are not excluded) 2. All terrain boarding 3. Ballooning or balloon rides 4. Base jumping 5. Bouldering 6. Bungee Jumping 6 7. Carnival rides 8. Circuses 9. Concerts over 6 hours 10. Diving 11. Football (except passing camps with no contact drills) 12. Hang gliding/ parachuting/ parasailing 13. Jousting 14. Kayaking, rafting or canoeing in greater than Class 3 rapids 15. Lacrosse and Rugby 16. Mechanical amusement rides or services 17. Motorized sporting equipment including speed or demolition events 18. Mosh Pits 19. Mountain Biking 20. Parades 21. Power Boat Racing 22. Professional Sporting Activities: games, racing, or contest of a professional nature 23. Pyrotechnics or explosives 24. Rap or Heavy Metal concerts 25. Raves 26. Rock Climbing 27. Rodeo or Roping Events 28. Scuba Diving 29. Sporting events if part of a league 30. Sporting events if non-professional, full contact (football, ice hockey, rugby, boxing, wrestling, contact karate, contact martial arts) 31. Tractor or Truck Pulls 32. Trampolines 33. Zoos Exclusion for participants. This endorsement does not apply to "bodily injury" or "property damage" to any person while practicing for or participating in any sports or athletic contest or exhibition, or while performing in any concert, show, or theatrical event. Exclusion for Sale alcohol. This endorsement does not apply to "bodily injury" or "property damage" arising from or caused, in whole or in part, by the Covered Party or Event Sponsor furnishing alcoholic beverages for which consumers are specifically charged by a third party vendor or caterer. This Endorsement does not apply to liability arising from Public Officials Errors and Omissions. This Endorsement does not eliminate the operation of any Exclusion in the Memorandum of Coverage. This endorsement does not provide drop down coverage or reduce the retained limit under the reinsurance program. This Endorsement forms a part of the Memorandum of Coverage for the program year indicated above. Effective date: July 1, 2013 July 1, 2013 Date General Manager CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY PROGRAM YEAR 2013-2014 ENDORSEMENT NO.5 With respect to any claims arising out of the ownership, maintenance, management, supervision or the condition of port facilities owned or controlled by the party named below, there shall be no coverage. This endorsement is issued to: The City of Richmond This Endorsement forms a part of the Memorandum of Coverage for the program year indicated above. Effective date: July 1, 2013 July 1, 2013 Date General Manager SOLUTION OF THE CITY COUNCIL of THE CITY of SAN RAFAEL AUTHORIZING THE DIRECTOR of PUBLIC WORKS To EXECUTE FUNDING AGREEMENT #2013-014 BETWEEN THE TRANSPORTATION AUTHORITY of MARIN AND THE CITY of SAN RAFAEL, THEREBY AUTHORIZING THF ALLOCATION OF $522,334 IN MEASURE A. FUNDING AND $438,315 IN MEASURE II FUNDING FOR FISCAL YEAR 2013-2014, WHEREAS, on August 1, 2006, the San Rafael City Council adopted Resolution 12174, which approved funding agreement #2007-012 between the City of San Rafael and `TAM; and WHEREAS, that agreement established terms for the use of annual funding allocations for the maintenance of local roads and infrastructure generated by Measure A, a one-half cent transaction and use tax approved in the General Election held on November 2, 2004; and WHEREAS, the San Rafael City Council subsequently authorized the execution of 6' amendments to the original funding agreement, through FY 12-13; and WHEREAS, Marin voters approved Measure B on November 2, 2410, which increased the State Vehicle Registration Fee (VRF) by $10; and WHEREAS, Measures A and B authorize the Transportation Authority of Marin to distribute funds raised by the transportation and use tax and the VR.F increase to local jurisdictions for multi -modal, public right-of-way projects; and WHEREAS, TAM has initiated an updated funding agreement that must be executed to release San R.afael's FY 13-14 Measure A allocation of $522,334 and the City's Measure B al location of $43 8,315; and NOW, THEREFORE, IIF IT RESOLVED that the City Council of the City of San Rafael authorizes the Director of Public Works to execute Funding Agreement #2013-014 between TAM and the City. I, ESTHER C. REI E, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a. regular meeting of the Council of said City held on the 4`h of November, 2013, by the following vote, to wit: AYES: COUNCIL MEMBERS: Collin, Connolly, Heller, McCullough &Mayor Phillips t liq I iiiii I 111�� I iq���111 I illi�ill 1� 11111`11 1 i 11 ii�� File No,: 16,13.09 CITY OF SAN RAFAEL 1 1 I'll III IMPUSA INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 2, d DATE OF MEETING: 11/4/13 FROM: Richard Landis DATE: 10/24/13 111101411111 Ill RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE FUNDING AGREEMENT #2013-014 BETWEEN THE TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL, THEREBY AUTHORIZING THE ALLOCATION OF $522,334 IN MEASURE A FUNDING AND $438,315 IN MEASURE T FUNDING FOR FISCAL YEAR 2013-2014. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL 1 AGENCY AGENDA ITEM: 4. i 0 10, 0 s t �r e ti P rte" µ w. City Attorney (signature-)� T