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HomeMy WebLinkAboutCC Resolution 13403 (Hire Climate Corps Fellow)RESOLUTION NO. 13403 A RESOLUTION APPROVING A CONTRACT WITH BAY AREA COMMUNITY RESOURCES TO EMPLOY TWO CLIMATE CORPS BAY AREA AMERICORPS INTERNS FOR SUSTAINABILITY PROGRAMS WHEREAS, on April 6, 2009, the City Council of the City of San Rafael adopted the San Rafael Climate Change Action Plan ("CCAP"), which incorporates programs to achieve reductions in community greenhouse gas emissions, including Programs LF1 1 adopting a Zero Waste Goal and Strategic Plan, Program LF13 encouraging the creation of programs to convert organic waste to energy, and Program CO2 to work with community organizations to promote sustainability efforts to residents and businesses; and WHEREAS, the City of San Rafael is the recipient of annual grant funds by the Marin County Household Hazardous and Solid Waste Joint Powers Authority ("Marin County HHW JPA"), including $62,567.64 in Fiscal Year 2012 to enact Zero Waste programs such as described in the City's CCAP; and WHEREAS, the City of San Rafael currently works with Sustainable Marin on the Resilient Neighborhoods residential sustainability program and wishes to expand the program to more residents; and WHEREAS, the City of San Rafael currently works with its refuse hauler, Marin Sanitary Service, on outreach to local businesses about Zero Waste programs, and wishes to work with them to conduct outreach specific to participation in the upcoming Food Waste to Energy program; and WHEREAS, Bay Area Community Resources provides highly skilled AmeriCorps interns with college degrees in sustainability -related fields through the Climate Corps Bay Area ("CCBA") program, has a proven track record of providing valuable interns for similar work in other cities in the Bay Area for several years, and wishes to place two CCBA interns with the City of San Rafael between September 2012 and July 2013; and WHEREAS, the City of San Rafael wishes to employ the services of two CCBA interns in the Resilient Neighborhoods and Food Waste to Energy programs to help with public outreach, volunteer coordination, and greenhouse gas emissions tracking and reporting; and WHEREAS, intern stipends of $17,500 plus $500 travel expenses per intern will be paid through the Marin County HHW JPA Grant Program and reimbursement by Marin Sanitary Service. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the contract with Bay Area Community Resources in the amount of $36,000 to engage two CCBA interns in our Sustainability Programs, and authorizes the City Manager to execute the contract and any documents related to the CCBA internship program in a form approved by the City Attorney. 1, 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 Tuesday, September 4, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, McCullough & Vice -Mayor Levine NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Phillips 11 7 Esther Beirne, City Clerk AGREEMENT FOR CLIMATE CHANGE BAY AREA INTERNSHIP PROGRAM This Agreement is made and entered into this d day of Attu_, 2012, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Bay Area Community Resources, a California nonprofit corporation (hereinafter "CONTRACTOR" or "BACK",). RECITALS WHEREAS, the City of San Rafael's General Plan Program SU -10b calls for implementation of a Resilient Neighborhoods program to encourage household and lifestyle changes to reduce carbon emissions through effective education and peer group support; and WHEREAS, the CITY is the recipient of a grant from the Marin County Hazardous and Solid Waste JPA for implementation of the Resilient Neighborhoods Program and the Food Waste to Energy program; and WHEREAS. CONTRACTOR collaborates with public and nonprofit organizations in the San Francisco Bay Area to recruit, train, and place AmeriCorps Members at public and nonprofit organizations. where they will assist in implementing greenhouse gas reduction programs. WHEREAS, the CITY desires to employ the services of an intern to solicit participation in and track progress of the Resilient Neighborhoods Program and Food Waste to Energy Program and CONTRACTOR has a proven track record of providing valuable interns for similar work to other cities in the Bay Area for several years; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY, The City Manager shall be the representative of the CITY for all purposes under this Agreement. 'The CITY's Sustainability 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. CONTRACTOR shall assign a single PROJEC I I)IRE.0 TOR to llaNe oxerall responsibility for the progress and execution of this Agreement for CONTRACTOR. 'darty %Veiristein is hereby designated as the PROJF,C I 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 thirty (30) business da\ s of the substitution. Version 2-15-1 1 2. DUTIES OF CONTRACTOR. 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 pay the compensation as provided in Paragraph 4, and perform the duties as outlined in Exhibit A, Scope of Work Proposal, attached hereto and incorporated herein by reference. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a total amount not to exceed $36,000, which consists of $17,500 per intern program match and $500 travel stipend per intern. Payment will be made upon receipt by PROJECT MANAGER of invoices submitted by CONTRACTOR twice per year, on or about October 1, 2012 and February 1, 2013. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one year commencing September 4, 2012 and ending on August 31, 2013. 6. TERNIINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. If this Agreement is terminated prior to May 1. 2013, CONTRACTOR shall reimburse CITY's match funds remaining unused at the date of termination. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. t.;pon receipt of notice of termination, neither parte shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. I;pon termination. any and all CITY documents or materials prox ided to CONTRACTOR and an, and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be deliN Bred to CITY as soon as possible. but not later than thirty (30} da\ s atter termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. CITY may use said property for any purpose. including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the perforinance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE,. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to (ATV, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million (5I..000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. '? An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1.000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed Linder this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000.000) dollars to cover any claims arising out of the CONTRACTOR's performance of services Linder this Agreement. B. The insurance coverage required of the CONTRACTOR by section 10. A.. shall also meet the follm,6rig requirements: 1. The insurance shall be primary \wh respect to am insurance or coNcra', �_e maintained b\ CITY and shall not call upon CITY's insurance or co% erage for an\ contribution. I. Except for professional liability insurance, the insurance policies shall be endorsed t'( -)r contractual 1:.abilit\ and personal in.jur\ . f J- 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following terinination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION. A. Except as provided in Subparagraph B., CONTRACTOR shall indemnify. release, defend and hold harmless CITY, its officers, and employees. against any claim. demand, suit, judgment. loss. liability or expense of any kind, including attorne}'s fees. arising out of or resulting in any way. in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers. agents and employees in the performance of their duties and obligations under this Aareement. B. 'here the services to be pros ided by CONTRACTOR under this Agreement are design professional serN ices to be performed by a design professional as that term is defined under Civil Code Section ? 182.8. CONTRACTOR shall, to the fullest extent permitted by laNN. indemnify, release, defend and hold harmless CITY, its officers, and employees, against any, claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALI. LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services tinder this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold han-nless 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 ten -ns and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given Linder 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 delixery, or if mailed, upon the date of deposit with the United States Postal Ser -vice, Notice shall be given as follows: TO CITY: Cory ByIof Project N.4anager Citti of Rafael 1400 Fifth A\ e, (P.O. Box 151560 ) San Rafael. CA 94915-1560 TO CONTRACTOR: NlartN Weinstein Project Director Bay Area Community Resources 171 Carlos DriN e San Rafael, CA 94903 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF 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 t\ aiN er by either part} of an% breach or N iolation of am term, covenant or condition of this \greement, or of any ordinance. law or regulation. shall not be deemed to be a wai\er of any other term. coN enant. condition. ordinance. law or regulation. or of any subsequent breach or violation of the same or other term. co,, errant. condition. ordinance. law or regulation. The subsequent acceptance by either party of any fee. performance. or other consideration which ma\ become due or ow inL, under this Agreement. shall not be deemed to be a \\ aiyer of an% preceding 6 3., breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN `'FITNESS WHEREOF, the parties have executed this Agreement as of the day, month and --ear first above written. CITY OF SAN RAFAEL NANCY MACKE, City Manager ATTEST: E�"TIIER C. BFIRNE. City Clerk APPROVED AS TO FOR1v1: ROBERT F. EPSTEji. Cid% WtorneN CONTRACTOR Name Title: EXHIBIT A Scope of Work Proposal for City of San Rafael ("CITY) Bay Area Community Resources ("BACR") Climate Corps Bay Area ("CCBA") Internship Program I. Bay Area Community Resources ("BACR") Background and Objectives BACR is collaborating with public and nonprofit organizations in the San Francisco Bay Area to recruit, train, and place AmeriCorps Members ("Members") at public and nonprofit organizations (generically referred to as "Host Agencies"), where they will assist in implementing greenhouse gas reduction programs. The Members' term of service is from Sept. 4, 2012 to July 26th, 2013. While working for the Host Agency, Members will complete 1700 hours to receive an education award of $5,500. During their term of service, members will implement programs that save energy, reduce greenhouse gas (GHG) emissions, and raise community engagement within environmental awareness activities. Members will devote an average of 32 hours per week to training for and directly working on emissions reduction projects, and an average of 8 hours per week to recruiting and supporting volunteers. If a member is unable to complete their full 1700 hours by July 26th due to any unforeseen circumstances during their term they may, at the discretion of BACR and the agency, be allowed time to complete their hours at the agency, or at another approved agency where there are service opportunities available. The last day members are eligible to earn hours for the 2012-2013 program year will be August 23rd 2013. The objectives of the program are as follows: Host Agency will be able to report measurable GHG reductions their work is responsible for throughout the placement. Members will be able to develop a practical skill set and expertise in the realm of climate change management at the community level. Host Agency communities will be able to increase community participation towards further GHG reductions through volunteer opportunities that are created and,`or increased through the participation of the Member. Through this Agreement, the CITY will work in partnership with BACR to promote the foregoing objectives, and their benefits to the CITY and community at large. II. Responsibilities of BACR A. Recruit and select two AmeriCorps Members ("Member") for a commitment of 1700 hours each over a period of 11 months to the City of San Rafael ("CITY") as Host Agency. B. Train and support Members with a comprehensive training program that includes a training manual, a seven-day orientation led by an array- of experts, monthly trainings, a mid -year 2 -day retreat, and two perforniance reviews. Exhibit A 1 C. Work with the CITY to develop one or more specific Scope of Service plans for Members ("Scope of Service") that align with the Greenhouse Gas (GHG) reduction initiatives provided by CITY. D. Provide assistance in defining and developing metrics for the Members to measure and track the progress of Greenhouse Gas reduction throughout the placement. E. Provide monthly follow-ups to review progress with Project Manager and Members. F. Define and implement any corrections to Members' plans determined to be necessary based on feedback collected from Member and CITY. G. Establish an Advisory Committee of at least 5 experienced staff from Host Agencies to help ensure and improve the quality of the program through monthly meetings. H. Use best efforts to enforce each Members' compliance with requirements of the Climate Corps Bay Area ("CCBA") Member Handbook 2012-2013, which Handbook is incorporated herein by reference. III. Responsibilities of CITY A. Take part in the recruitment and interview process to identify the AmeriCorps Members best fitted for the CITY's specific projects needs. B. Provide one to three specific GHG reduction initiatives ("CITY's Initiatives") that each Member can work on during his or her term of service. i. CITY's Initiatives must be well-defined, approved for implementation and include specific GHG reduction targets, or have the capacity to define specific reduction targets. ii. CITY will work with BACR to finalize one or more mutually agreed-upon Scope of Service plans prior to the start of the service year, and defined metrics no later than 1 month after the Members begin work. C. Ensure that Members do not work directly on policy development or policy advocacy efforts. D. Assign a Site Supervisor or supervisors who will be available to devote no fewer than ten (10) hours per month of one-on-one time, in-kind hours (as defined in the CCBA Community Partner Supervisor Manual), with each Member. E. Complete monthly reporting to BACR indicating whether progress is being made on the CITY's Initiatives. F. Provide feedback on program's effectiveness: two times a year, fill out and submit an Individual Development Plan (as defined in the CCBA Community Partner Supervisor Manual) to provide feedback on each Member's activities and offer data on specific GHG reduction metrics. G. .=attend or send a representative to BACR Partner Orientation. H, If hiringa Member outside of the Scope of Service, only hire Member to work part-time in a program or service area unrelated to BACR community service programs: CITY may not hire a Member for like projects until and unless that Member completes his. her entire program year of service. I. Refrain from using either Member for displacement of a CITY employee: a. Members will not be placed in positions that were recently occupied by paid CITY staff. Exhibit A N b. No Member will be placed into a position for which a recently resigned or discharged CITY employee has recall rights as a result of a collective bargaining agreement, from which a recently resigned or discharged employee was removed as a result of a reduction in force, or from which a recently resigned/discharged employee is on leave or strike. J. Allow Members to complete only CCBA-awarded and allowable activities, as defined by CaliforniaVolunteers (see Addendum 1) c. In the case that it is found that CITY's site is participating in unallowable activities multiple times, Member's hours will be disallowed and the CITY site shall be warned and assisted in removing the unallowable activities. d. If unallowable activity continues to occur after CCBA has disallowed it, CITY'S site will jeopardize their eligibility to have a Member in the future and may lose their current Member or Members with no refund of match paid. J. Allow BACR to share results from this program through grant reporting and other means as BACR deems appropriate. K. Support and encourage the promotion of National Service through the following a. Posting AmeriCorps and National Service information at all CITY service sites b. Ensuring Members wear an appropriate uniform as required by BACR. c. Allowing each Member to leave the CITY's program site to participate in pre -arranged National Service identity activities. L. Provide program -wide support through either a. Delivery of at least 1 all -day training event for each Member or b. Member participation in an advisory committee that meets once a month for at least 1 hour for 8 months. N. Use best efforts to comply with the goals and requirements set forth in the current edition of the CCBA Community Partner Supervisor Manual, which Manual is incorporated herein by reference. Exhibit A 3 ADDENDUM 1 Scope of Work Proposal for City of San Rafael ("CITY) AmeriCorps Members Prohibited Activities (a) While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation, staff and members may not engage in the following activities: (1) Attempting to influence legislation; (2) Organizing or engaging in protests, petitions, boycotts, or strikes; (3) Assisting, promoting, or deterring union organizing; (4) Impairing existing contracts for services or collective bargaining agreements; (5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; (6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; (7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; (8) Providing a direct benefit to (i) A business organized for profit; (ii) A labor union; (iii) A partisan political organization; (iv) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and (v) An organization engaged in the religious activities described in paragraph (g) of this section, unless Corporation assistance is not used to support those religious activities; (9) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive; (10) Providing abortion services or referrals for receipt of such services; and (11) Such other activities as the Corporation may prohibit. (b) Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non - Corporation funds. Individuals should not wear the AmeriCorps logo while doing so. Addendum 1 1 BACR National Service Policy Regarding Un -Allowable and Un -Awarded Activities The BACR National Service Policy is that Corps Members are not allowed to perfonn activities that are not specifically awarded in the approved performance measure. In addition, Corps Members are not allowed to perform clerical tasks or other un -allowable activities. By signing the CCBA MOU, Partner Agencies agree to following the guidelines regarding unallowable and un -awarded activities. Partner Agencies that are found allowing Members to engage in these prohibited activities will jeopardize their eligibility to have CCBA Members in future service years. Addendum 1 2 BAYAR-3 OP ID: SG acca�rc' CERTIFICATE OF LIABILITY INSURANCE DAT10/05DtYYYY) ( 10/05/12 TF1iS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT PRODFaralUoneCER Pacific Insurance 415-493-2500 NAME: Sindy Graham Services, License # OF84441 415-493-2505�tAH,°NN Ext1' 415-493-2166 FAX No): 415-493-2505 859 Diablo Avenue AE-MAIL sgraham f Ins.COm Novato, CA 94947 @ p I Peter C. Schmale, ext 121 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Bay Area Community Resources, Inc. 171 Carlos Drive San Rafael, CA 94903-2005 INSURER A: Philadelphia Indemnity Ins Co. INSURER B: New York Marine and General INSURER C: INSURER D: INSURER E: INSURER F : 32760 -- i 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE GENERAL LIABILITY )NSR WVD POLICY NUMBER {MMiDD/YYYY1 fMM/DD/YYYYI LIMITS EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY PHPK886325 07/01/12 I 07/01/13 DAMAGES ( RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 20,000 Abuse SUblimit PERSONAL &ADV INJURY $ 1,000,000 X 1,000,000 GENT AGGREGATE LIMIT APPLIES PER _- l PRO - �X POLICY I LOC AUTOMOBILE LIABILITY A ANY AUTO PHPK886325 ALL OWNED I X SCHEDULED ( AUTOS AUTOS NON -OWNED X HIRED AUTOS j AUTOS i UMBRELLA LIAR V ��j OCCUR _—J A X EXCESS LIAR ( I CLAIMS -MADE PHUB387667 DED I X I RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N B ANY PROPRIETOR/PARTNER/EXECUTIVE WC201200001937 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A Professional PHPK886325 Liability 07/01/12 07/01/13 GENERAL AGGREGATE $ PRODUCTS - COMP/OPAGG $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) EACH OCCURRENCE $ 07/01/12 07/01/13 (AGGREGATE $ 07/01/12 07/01/13 07/01/12 07/01/13 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of San Rafael is named as an Additional Insured, per the attached endorsement CERTIFICATE HOLDER City of San Rafael P.O. Box #151560 San Rafael, CA 94915-1560 CANCELLATION X 1 WC STATU-( OTH- TORY LIMITS , ER E L EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ Each Aggregate 2,000,000 2,000,000 1,000,000 5,000,000 1,000,000 1,000,000 1,000,000 1,000,000 2,000,000 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 An,e,� �kk, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: *PHPK886325 Bay Area Community Resources EFFECTIVE: *July 1, 2012 - 2013 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 Person or Organization: City of San Rafael, It's Officers, Agents, Employees and Volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURE[) (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc,, 1984 ❑ POLICY CHANGE DOCUMENT POLICY NO.: PHPK886325 Philadelphia Indemnity Insurance CompanyJ20470 Farallone Pacific Insurance Services LLC NAMED INSURED Bay Area Community Resources, Inc, MAILING ADDRESS 171Carlos Dr San Rafael, CA 94903-2005 POLICY PERIOD- FROM 07/01/2012 TO 07/01/2013 at 120&MStandard Time at your mailing address shown above. CHANGE EFFECTIVE 10/22/3012 CHANGE# z DESCRIPTION lnconsideration of the premium reflected, the policy iaamended asindicated below: Added: Additional Insured City of San Rafael It's Officers, Agents, Employees and Volunteers PQBox 15156O San Rafael, CA 94915-1560 With respect to ' required by contract Added: ManuschpLEndorsernent- P[-ES'A[PNC-Additional Insured -Des ignateU Person orOrganization applies Per attached schedule Path ID 6612562 -ota/A-naai �«d,tcra`9c,^=��rer.,xS O�1-jO %T3 CHANGE COUNTERS.GNED BY `Date) -o�;Poete NO[H4QGE Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK886325 Additional Insured Oce Financial Services, and its assignors and assignees c/o American Lease Insurance 654Amherst RdSte 32O Sunderland, MAO1375-9420 CG2028- CA- Luc #6- 334 (BLDG/PREM5-OFFICE-NOC-NFP) RE:23SPPM 8-VVMFP-Copier Additional Insured The City and County of San Francisco D[YF-Department ufChildren, Youth and their Families 139OMarket 6tSte 9UO San Francisco, CA941OZ'5]23 Crime RE: funding about 10 - 12 programs with BACR Additional Insured City of San Rafael It's Officers, Agents, Employees and Volunteers POBox 15156O San Rafael, [A94915 -156O CA-Luc#ALL'MAMUSCRIPTENDORSEMENT RE/ required by contract p:i,le 1 of 1 c 0 • 1 Mmummalmus 1010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PI-ES-AIPNC Additional Insured -Designated Person or Organization Tn 4 ,- r_t - f r. t r— d', t - -s - T c�. "! !:_', 1 .7- _d_J rn-_!e _- tIlk. fc I , _"; . n : 0'�NERAL TAEj- ' -Y -H'El:tll L E Narie of Per -s --n or _'Lty .)f ,an P,:fl-e_ 1.ff-,7orq, Agents, Emplc_ vo-_t, <inci fif nc; entry appear_, ;nfc-lyl.iticn re jui_,,_l to c,_,mp1.E-t­ '�h_s en,loi,semr.-nt wall be shown in th Ca la at r.s as ApylicaLle to tl­_,_-- =ndorsemt�nt . ) VIH,D 1;' AN INSURED (,",ecticn Ili is am,.-nclod tt- is an the pe.­,3cn or nrqani:.ation shown in tLe 17ch,,d,ile as _m ln,,urc-cl but only w-.tl-i fe:-,PCCt to 1_abLl.lty ari,-,.nj Dut of yc),.it opeidtions or Fr�rrases cw.,-.,--d by ,,r tented to you. TH.',-' IN.,URANCE 1.; PFIMARY AND N,)T C1__1NfR.ILU'11NG WITH ANY THEE--. !N,;IIRAN'E OR A,1 :t"er terms a ­,J ccrdl,crs -,f tr,,s P, -!..-y -era i jrc." viged page 11 of I C_