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HomeMy WebLinkAboutCC Resolution 13655 (Hire Climate Corps Fellow)RESOLUTION NO. 13655 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE CLIMATE CHANGE BAY AREA INTERNSHIP PROGRAM AGREEMENT WITH STRATEGIC ENERGY INNOVATIONS. WHEREAS, on September 16, 2013, the City Council of the City of San Rafael approved and authorized the City Manager to execute that certain "Agreement for Climate Change Bay Area Internship Program" between the City and Strategic Energy Innovations ("Agreement"); and WHEREAS, the City of San Rafael receives grant funds from the Marin County Household Hazardous and Solid Waste Joint Powers Authority to pay the compensation provided to two interns working for the City pursuant to the Agreement; and WHEREAS, the City Council wishes to increase the amount of the travel stipend payable to the interns under the terms of the Agreement from $500 to $750 per intern to accommodate travel from out of county. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and authorizes the City Manager to execute an amendment to the Agreement, in a form approved by the City Attorney, for the purpose of increasing the travel stipend payable to the interns from $500 per intern to $750 per intern, for a total contract amount of $40,500. I, ESTHER 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 City Council held on Monday, December 16, 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey Lang, Colin, McCullough & Vice -Mayor Connolly NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mavor Phillips Esther Beime, Cit) Clerk AMENDMENT NO. 1 TO AGREEMENT FOR CLIMATE CHANGE BAY AREA INTERNSHIP PROGRAM This agreement is made and entered into this *v;m? day of December, 2013, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and STRATEGIC ENERGY INNOVATIONS, a California nonprofit corporation (hereinafter "CONTRACTOR"). WHEREAS, on September 16, 2013, CITY and CONTRACTOR entered into that certain "Agreement for Climate Change Bay Area Internship Program" ("Agreement") by which CONTRACTOR is providing to City and supervising two interns in the sustainability field, through the Climate Corps Bay Area ("CCBA") program; and WHEREAS, CITY obtains reimbursement from the Marin County Health and Hazardous Waste JPA Grant Program ("the Grant Program") for the compensation it pays to the interns pursuant to the Agreement; and WHEREAS, CITY and CONTRACTOR wish to increase the amount of the travel stipend payable to the interns under the terms of the Agreement from $500 to $750 per intern to accommodate travel from out of county; and WHEREAS, CITY and CONTRACTOR wish to adjust the compensation paid by CITY to CONTRACTOR under the terms of the Agreement to allow for payment of the increased travel stipend to the interns. NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Section 4 of the Agreement is hereby amended to read as follows: 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a total amount not to exceed $40,500, which consists of $19,500 per intern program match and $750 travel stipend per intern. Payment will be made upon receipt by PROJECT MANAGER of invoices submitted by CONTRACTOR twice per year, on or about November 1, 2013 and March 1, 2014. 2. Except as specifically provided herein, all terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. Version 2-15-11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endursernent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement oroadens coverage. However, coverage for any injury, damage or medical expenses described in rany of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Pail, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights. duties, and what is and is not covered, A. Not-For-Prolit Invitee Properly Darriage Legal Liability B. Special Event Premium Rating C. Special Event Designated Products D, Malicious Prosecution — Exception To Knowing Violation Of Righis, Of Another Exclusion E. Who Is Ali Insured — Your Liability For Your Conduct Of Unnamed Partnership Or Joint Venture — (Excess Basis) PROVISIONS A. NOT-FOR-PROFIT INVITEE PROPERTY DAM- AGE LEGAL LIABILITY 1. The following is added to EXCIUS1011 J., Dam- age To Property, in Paragraph 1 of SEC- TION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Paragraph (4) of this exclusion eines not apply to 'not-for-profi*, invitee properly damage" caused by fire; explosion; lightning: smoke resulting frow, such fire, explosion, or light- ning; water: or vandalism at, iralicious mis- dh;ef: (M ofl pren"'ses, yot., ov;n or rent or ort wayi next fo prer!lises You cvvn or rent ono F. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers G. Blanket Additional Insured — States Or Political Subdivisions — Permits Relating To Premises H. Blanket Additional Insured — States Or Political Subdivisions — Permits Relating To Operations 1. Blanket Additional Insured — Persons Or Organizations Where Required By Written Con- tract Or Agreement (if) Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or (ill) Explosion of any stearn boiler, steam pipe, steam engine, or steam turbine. 2, The following is added to SECTION Ill — LIM- ITS OF INSURANCE: Subject to Paragraph 5. above, the most we will pay under Coverage A for the surn of all damages because of "not tor -profit property, damage" sustained by all 'not-for-profil, invit- ees" is $15,00i;. 3. The foilowing are added to thle DEFINITIONS Section: (b) Beca ise of your operations,"Not-for-profit i,,nvr!ee`: This exception does not apply to 'not4or- a Includes any of Vour clier;To, cos!orners, pro`lt property damaqe" caused by: guests, membl-Irs, patrons, supporters (1) 9upture, bursting. or operation of any i3iid , volunteer v"orkers'. P,es-- ,ire reiief device: CG D4 43 07 08 C,3 Tl e Page I Jt 4 COMMERCIAL GENERAL LIABILITY b, Does not include any person who is your "employee", "temporary worker" or "inde- pendent contractor". "Not -for -profit invitee property damage" means "properly damage" to personal prop- erty owned or rented by a "not-for-profit in- vitee" other than any of the following prop- erly: a. Accounts, bills. currency, deeds, money, notes, securities or debt instruments; b. Mechanica! drawings, blueprints docu- ments, records, manuscripts or valuable papers: or c. Contraband or other property in the course of illegal transportation or trade, B. SPECIAL EVENT PREMIUM RATING I"he following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Special Event Premium Rating a. The Not -For -Profit Entity Amendatory En- dorsernent includes the following: (1) All indoor events with less than 1000 at- tendees and shorter than 24 hours in du- ration; and (2) All outdoor events ojilh less than 500 at- tendees and shorter than 24 hours in du, ration. b. The following events will be rated separately fo( additional premium: (1) Any event that exceeds the attendees or duration desciibed in a.(1,) 01' a,(2) above. (2) Any parade, fair or carnival: or (3) Any athletic, sporting or motor vehicle event Including walks, runs. lournarnaMS, demonstrations, rallies or ccmpe!l1,ive tivitles. 2. The following is added to the DEFINTIONS Section: "Designated products" means apparel, but- tons, CDs, DVDs, tapes, posters, stickers and other similar products used to promote a spe- cial event related to Your business, D. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE B PERSONAL AND ADVERTISING INJURY: This exclusion does not apply to "personal injury" caused by malicious prosecution, E. WHO IS AN INSURED — YOUR LIABILITY FOR YOUR CONDUCT OF UNNAMED PARTNER- SHIP OR JOINT VENTURE (EXCESS BASIS) 1. The following replaces the last paragraph of SECTION 11 — WHO IS AN INSURED: C. SPECIAL EVENT DESIGNATED PRODUCTS 1, Tne following is added cc ilio deiinitkon cif operalior?s 7hazard' in ,hp DEFINITIONS Sec iow I- . D m a ncl,udes zal! 'bodl!y injun,," anti "l rope il, d-iSing Of YOLP F cir'l prernisus Vou Ov.'n Or resnt, On pi.'em,,Se uSed nv' YOU1 f0l' ',, SpeCiat e'v6,r,,' !eta' ed 1,11", your- business, or on the :Nays next, w any su-n prc s - ir'sc-s you, o,,wi or rew, 01 U,,,3 fOl a Sper,4l! evc?i ,, No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Declarations. This sub- paragraph does not apply to your liability with respect to your conduct of the business of any current or past partnership or )oinr ven- ture lha* is not shown as a I'larned Insured in the Common Policy Declarations, 2, The following is added to Paragraph 4,b,t Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance, wlnevie, primary, excess, contingent or on any other basis, which is available to you for your liability with respect to your conducl cf Me business of any current or past Partner -ship ar joi!lt ven- t *lovin as a Nlamud lnsirerJ in ,urc theil is n..,t sh the c("Irr-non r-o,,:(,,y Decialations and ;3 to ,;uch pannershi.p r)r BLANKET ADDITIONAL INSURED - MORT- GAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The foliowing is added to SECTION 11 — WHO IS AN INSURED: Any pe,son cr 1i1a! is a mortgagee, asst9neo, successor or recolvc.r c:nd th it vcqj Paq e 2 of 4 CG D4 43 07 08 have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its li- ability as mortgagee, assignee, Successor or re- ceiver for "bodily injury", "property damage", "per- sonal injury" or "advertising injury" that: a. Is "bodily Injury' or 'property damage" that occurs, or is 'personal injury" or "adverfising injury" caused by an offense committed, after you have signed and executed that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee. assignee, successor or receiver is required under that contract or agreement to be in- cluded as an additional Insured on this Cov- erage Part. The insurance provided to such mongageo, as- signee, successor or recervei is subject w the fol- lowing provisions: (1) The limits of insurance provided to such mortgagee, assignee, successor of receiver will be the limits which you agreed to provide in the written conliact or agteement, or the limits shown in the Declarations for this Cov- orage Part, whichever are less; and (2) Coverage under this provision does not apply tc: (a) Any "bociffy injury" or "property clarnage" that occurs, or any "personal Injury" or, advertising injury" caused by an offense committed, after such contract or agree- ment is no longer in affect; or (b) Any "bodily in;Llfy", "property damage", "personal injury` or "advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behall of such rnort- gagee, assignee, successor or ieceiver. G. BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES Thi-, 13 acidpn to SECTION It - WHO IS AN INSURED: Arty state c, political, subdivision, that ;las Essueo a porrnit in. cQnnecii on wth premises a` ,}vned or oc- cupied by, or ren'ed or loaned to, you is, an in- sured, but only w;1h rcispect to liabfity for "`yCdiiy injuy`, "properly darnage", "person of injury" c,' xi te "a , "'sirm iniurV ar;_emg t f t ouohe, )enoo. civ j r I COMMERCIAL GENERAL LIABILITY o%vnership, use, maintenance, repair construc- tion, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees. hoist away openings, sidewalk vaults, elevators, street ban- ners or decorations for which that state or political subdivision has issued such permit. H. BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO OPERATIONS The following is added to SECTION 11 - WHO IS AN INSURED: Any state of political subdivision that has issued a permit in connection with operations performed by you or on your behalf is an insured, but only with respect to liability for "bodily injury", "properly darnage", "personal injury" or "advemsing injur}j` arising out of such operations. Coverage under this provision does not apply to: 1. Any "bodily injury", "property damage", "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or 2. Any "bodily injury" or "properly damage" in- cluded in the "products - completed opera- tions hazard". 1, BLANKET ADDITIONAL INSURED - PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION It - WHO IS AN INSURED: Any person or organization that you have agreed in a wrtuen contract or agreemient to include as an additional insured on this Coverage Part is an insured mit only wrih respect to liability for 'bodily injury' or "properly damage" that: 1, Occurs after you have signed and executed that comract or agreement; and 2. !s cau6ed. in v,,he,)Ie or in oarl, i V yoLf ca` is or omissions in the pt ilormance of your ortgoing operations to Which the ^tJitterl contrit ,t or a,greerr,,ont applies or the or C4 &15)y person or 0,gan!zation perforrri;ng such aporations on y,;w, Dehalf The insurarv,,e provf'ded to such person or organi- zation 4^^F1 e e fOqUired ny wrillen contract cor agreernent subject to the following pcvisi0n,,,: (1) Thie ct4 i-sutance provicied :o suci, in - S v&ich vC%J n ,recdi !0 surec be ihe IMJ'. 'i Pag,_'? 3 ol 4 CG D4 43 07 08 2KC 1 1 11 COMMERCIAL GENERAL LIABILITY provide in the written contract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; (2) If such insured is an architect, engineer or surveyor, the insurance provided to such in- sured does not apply to "bodily injury" or ,property damage" arising out of such in- sureds providing or failing to provide any pro- fessional services, including: (a) The preparing, approving or failing to prepare or approve, maps. shop draw- ings, opinions, reports, surveys, field or- ders or change orders. or the preparing, approving or failing to prepare or ap- prove, drawings and specificalions, and (b) Supervisory or inspection actrvWes per- tormed as part of any related architectural or engineering activities; and (3) Coverage Linder this provision does not apply to: (a) Any person or organization that has been added as an additional insured by at- tachrrient of an endOrSernent Under this Coverage Part which narries such person or organization in the endorsement's schedule; (b) Any person or organization who distrib- utes or sells "your product' in the regular course of 1haz person's or organization's business: or (c) Any person of, organization fnjin whom you have acauired "your prodUCt", or any ingredient of. of that contains, "your prod- uct`• !Page A c" 4 nr CG 04 43 07 08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1