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HomeMy WebLinkAboutCM Illegal Dumping Survey 2015AGREEMENT FOR PROFESSIONAL SERVICES FOR ILLEGAL DUMPING SURVEY 2015 This Agreement is made and entered into this /sT day of IVpvet48ek , 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CONSERVATION CORPS NORTH BAY, INC (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY wishes to understand better the scope and causality of illegal dumping in San Rafael and spends up to twenty percent of Public Works staff time abating illegally dumped items and litter; and WHEREAS, the CONTRACTOR has resources available to offer services related to illegal dumping specifically to identify and find ways to reduce items that can be recycled or repurposed that are dumped illegally; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Sustainability and Volunteer Program Coordinator is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. The Recycling Program Manager is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as follows: CONTRACTOR shall perform the duties as outlined in Exhibit A, Scope of Work Proposal, attached hereto and incorporated herein by reference. 3. DUTIES OF CITY. CITY shall provide information and suggestions to help however necessary for CONTRACTOR to complete the Scope of Work in Exhibit A. 4. COMPENSATION. CONTRACTOR will perform the services herein in consideration of CITY's cooperation and assistance as provided in Paragraph 4, but at no monetary cost to the CITY since the costs for these services are being funded by the California Department of Resource Recycling and Recovery (CalRecycle). TERM OF AGREEMENT. The term of this Agreeme 11 co ence as of the date first hereinabove written and shall continue through September 30, 1 Pon mutual agreement of the parties, and subject to the approval of the City Manager the ern of this Agreement may be extended for an additional period of (6) months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may tenninate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the tennination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the perfonnance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall snake available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be perfonned under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, tenninate or otherwise modify the ten -ns and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following tennination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent pennitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. M 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the perfonnance of its duties and obligations under this Agreement. CONTRACTOR shall perfonn all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 16. INDEPENDENT CONTRACTOR. Cory Bytof City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Eli Goodsell Conservation Corps North Bay 27 Larkspur Street San Rafael, CA 94901 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The teens and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The teens and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this N Agreement, or arising out of the perfonnance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CH TZ, Ci nag _ ., , ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney CONTRACTOR AX By: ........................ . g Name: Ma e". ... -..A Title:,, CONSERVATION CORPS NORTH BAY CONTRACTORS LIC. #690064 27 Larkspur Street, San Rafael, CA 94901 and City of San Rafael Scope of Work Proposal 10/1/2015 Conservation Corps North Bay will supply to the city of San Rafael, a crew of 1 staff and 2 corps -members (CM's) to work on the following tasks during the Illegal Dumping Project: • Location: San Rafael, CA • Duration: This agreement will start on the date that the client signs the agreement. This agreement can be extended by agreement of both parties. However, either party may terminate this agreement by notifying the other party in writing. • CCNB staff and corpsmembers will identify illegal dumping sites within the Canal area of San Rafael, CA. These areas include, but are not limited to, Pickleweed Park, sites along Larkspur Street, Novato Street, Fairfaix Street, Sonoma Street, Canal Street, and Windward Way. • The illegal dump sites that will be surveyed are generally on City property. Should CCNB discover an illegal dump site on private property, they will notify City prior to doing any assessments. • CCNB will only employ adults for illegal dump site survey. • CCNB will develop survey methodology (approved by the City) to track what items are dumped in identified areas. Materials tracked will include e -waste, oil, and tires. • CCNB will visit each site on a weekly basis (days/time/length of survey time to be identified) and track illegally dumped materials. • CCNB will provide vehicles for transporting CCNB staff to survey illegal dump sites. • Following the material survey, CCNB will develop a report of findings for the City of San Rafael. • CCNB will also create a project proposal to provide education to the Canal area residents to decrease illegal dumping of e -waste, oil, and tires and other items of significance identified during the survey. Fiscal Displav CCNB is currently funded by a grant from CalRecycle. No monetary compensation is required by the City of San Rafael for this project. Cost to San Rafael: $0.00 Exhibit " A " CONSCOR-01 ETRUEBLOOD CERTIFICATE OF LIABILITY INSURANCE DATE 9/18/2015 [MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Sindy Graham Vantreo Insurance Brokerage PHONEFAX 100 Stony Point Rd, Suite 160 (AIC, No, Eat): (707 ) 546-2300 (AIC, No): (707) 546-2915 Santa Rosa, CA 95401 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Nonprofits' Insurance Alliance of California INSURED INSURER B: Non Profits United Insurance CO Conservation Corps North Bay, Inc. INSURER C: 27 Larkspur Street INSURER D: San Rafael, CA 94901 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR . ,)NSD NNP„ POLICY NUMBER IMMIDDIYYYY) (MMIDDfYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 09/04/2015 CLAIMS -MADE X OCCUR X 2015 -09837 -NPO PREMISES (Ea occurrence) GEN'L AGGREGATE LIMIT APPLIES PER MED EXP (Any one person) S POLICY PRO LOC JECT ... OTHER: ... ....... ........... .w ...... ... ....... ......... ......... ............. ......... ... ............. .......,,,,,..,,,........,..,,,,,,,,,,,,,,,, AUTOMOBILE LIABILITY A X ANY AUTO 2015 -09837 -NPO 09/04/2015 ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS PROPERTY DAMAGE S NON -OWNED S HIRED AUTOS AUTOS EACH OCCURRENCE S 09/04/2015 ......... _.. X UMBRELLA LIAB X OCCUR A EXCESS LIAB CLAIMS -MADE 2015-09837-UMB-NPO DED X RETENTION $ 10,000 01101/2015 01/01/2016 E.L. EACH ACCIDENT S WORKERS COMPENSATION E.L. DISEASE - EA EMPLOYEE S AND EMPLOYERS' LIABILITY YIN 09/04/2015 B ANY PROPRIETOR/PARTNERIEXECUTIVE NPU-WCG-001-2015 OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) If yes, describe under w....., DESCRIPTION OF OPERATIONS below ......m........-...m..._......_.-..................,..._..____.--,__....._._._m......-.,,,,..._..._.,...,m..._.. _.__. m..._. A Directors/Officers 2015 -09837 -DO -NPO 09/04/2015 09/04/2016 DAMAGE TO RENTED S PREMISES (Ea occurrence) MED EXP (Any one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S PRODUCTS - COMPIOPAGG S Liquor Liabilit S COMBINED SINGLE LIMIT S (Ea accident) 09/04/2015 09/04/2016 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S (Per accident) S EACH OCCURRENCE S 09/04/2015 09/04/2016 AGGREGATE S S x PER OTH- STATUTE ER 01101/2015 01/01/2016 E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S ..,...,............_ ........... ..... ..................�..........._..._......... ........ .......,,,,, 09/04/2015 09/0412016 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder is Additional Insured per attached form i i L.. ....... ....... CERTIFICATE HOLDER City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 ACORD 25 (2014/01) CANCELLATION 500,000 20,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 3,000,000 500,000 500,000 5_00,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. .............. .... ..._.. .._ AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD #2015 -09837 -NPO Conservation Corps North Bay, Inc. 9/04/2015 -9/04/2016 ������ �"���"��~��,����^ INSURANCE mm ALLIANCE mpCALIFORNIA 4Head for Insurance. w*eu,tfo,Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ |TCAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC E0WTUl[UES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTNONKU—WHQUS AN INSURED isamended toinclude any public entity aaanadditional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of, in whole or in pad. by: 1. Your negligent acts or omissions; or 2. The negligent acts oromissions of those acting onyour behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products -completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect hzthe insurance afforded to these additional inaurad(a), the following additional exclusions app/y. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materiels, parts orequipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed bymonbehalf of the additional ineured(m)otthe location ofthe covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor orsubcontractor engaged in performing operations for eprincipal osepart ofthe same project. The limits ofinsurance applicable hothe additional inmured(s)are those specified in the written contract between you and the additional ineunad(a). or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. E, Well 717-M a. Primary Insurance This insurance ioprimary ifyou have agreed inowritten contract orwritten agreement: NIAC E61 02 13 Page 1 of 2 (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products - completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC E61 02 13 Page 2 of 2 POLICY NUMBER: 2015 -09837 -NPO Conservation Corps North Bay, Inc. COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. The City of San Rafael, it's Officers, Agents, Employees and Volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Nonprofits' Insurance Alliance of California ##09837NP0 - Conservation Corps North Bay, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II — WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products -completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: NIAC-E61 02 13 (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products - completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. in101, 4 IK11i [11= Below is the process for getting yc executed. Please attach this "Cot contract as you circulate it for rcvi( services agreements/contracts (no This process should occur in the on Step Responsible Department 1 City Attorney 2 Contracting DcpartmenL 3 Contracting Department 4 City Attorney 5 City Manager / Mayor / or Department IIead 6 City Clerk -t -c- RECEIVED OCT 2 Zoos CITY ATTORNEY 2ACT ,IP :ontracts finalized and ' to the front of your nm for all professional )roval). Kev►ew, rcVlisu, d11U UUUII1IC.11l Uu wu.. agrecmunt. Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). Review and approve firm of agreement; bonds. and insurance certificates and endorsements. Agreement executed by Council authorized official. City Clerk attests signatures, retains original agreement and lbrwards copies to the contracting department. I'o be completed by Contracting Department: Completion Date G g "'0 r rb �"—;rU LP --5 Project Manager: Cory Bytof Project Name: CCNB Atlreement - dunipin2 Agendired for City Council Meeting of (if necessary) NA If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. PROFESSIONA,1, SERVICES COMPLETION R01 TING SLA11 F°ticpu:')" is the process Or gR Uin ya.m pdnlisu"~Dhial serv'ien agreements,contracts finalized and c:%c and:u d. Please attach this "Completion CheckT�,t and lip" to the flont of nur a.'IX.911"111'a.c IS YOU cn,a"ctfla to it f'or review and signatures. Please use this Arm Or ja a!L!L) essiona��1 4°servicesa�,��"��'�°ID1n�ml�nn��a,��.a:a�1Q�:lll"�����a (not'just ��a�➢"��a �."�"da a.aaV"pa's City C'(.:)and"aa:,fl a. pproval). pnu a pra. ce".'s shd old aac°-a..Ur in the wader presented Step Responsible De'pauiption (AMIPM1111 De aartmem Date I (`Ude' Ambd" icy Adm. revise. aid mmdV1ed'dt on a.. ruf; �'aUflaNk"ua6��ddflao p.��""na.dp'"d4'aaa~d'ud „@ u . ry g p'dti4°���:ad"ad Ufla"aadp 'd�,d� pfla�fl'dd a4b a.°�flp'aafl""&ua'aa, V' pQ'ga' 6 d)I'aaM�ir xpgV`dapla0.dd"d.`. Main at p��.a�a Iwo ,,".pp�TMned A $ "('elfddp" a uppauti; U �. b ad"apa'fl pad Ad da U4'7�, d` ::aflaaV"Qa a.dDd"°-`~Ad�"ned.p adU",reo.°dfla�".n dA r Cs.gaGd'CH 8U)U?d"0V8L, dp a.'dg4.dN'd4.°tl� afl�'d�gN"d9'�a.8.� (as Ty a. Oa4' r"B d.d.op"Oauw, . �.�d'uOUddVaflp'N�aM'p` b" u"..0a.Y A.11augd"II"Ila° addd:'�4.dfl�'adfl�.�:°Corin 4,-40 1k'� d:g�'d"ad��d�"uRdd�^;�'wV,d�dBu,'d�Q:; pia.Dda�@�yA�p,flddp���fl � 5 (' ty N"I' dzaga;r N"I'l,`0m. or Ak"d°a�u,°gaaa.",M �"° fO..c°addCd by �"tlaBadd'ICH MH.1fla4d°d7'a;'a..0 Head ofl'iCad,.d4. 6 Cly C'pak Ch, (Act a.aQac"? s spg..d.d'da0a0..ap"ew detuflbs original wfl "fl'a,u'"dalaa'9'!a. and 4,;dppd4.s lib 111C Qad' raaclin?,dep"9a9d"td"Daa°.fl'da. 'To be CLM11plaed by (- i ontracting Department: Yonadu',dr.ed ibd° � i(p COaaaICH I bethl tof(ifneccs,s ar° ),. ..............._N I u You have cpaae s6ons on this process, please conuact the City, Attorney's Office at 485-3080. . ( baflndl Wdpppmadp is required gd"co¢aa>r'aQo°.a, K mo r OMNI on ad Cumumove ham