HomeMy WebLinkAboutCD Massage Ordinance Code Enforcement 2013-14a
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Agenda Item No: 3.A.
Meeting Date: August 19, 2013
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: City Manager Approval:
Paul W.4 enscn, Urrar�l Sn c:v4E��pment Directcrr (RB)
SUBJECT: Resolutions authorizing the City Manager to execute two separate agreements for
professional services:
a) Agreement for Professional Code Enforcement Services with CSG Consultants, Inc, (CSG) to
provide Code Enforcement Services for Massage Ordinance enforcement /implementation. (Term of
Agreement: 1 year from start date, with a total budget amount not to exceed $100,000.00).
b) Agreement for Professional Code Enforcement Services with CSG Consultants, Inc, (CSG) to
provide professional Code Enforcement Staffing Services to fill a vacancy during the recruitment
process. (Term of Agreement: up to 1 year, with a total budget amount not to exceed $70,000)
RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolutions.
BACKGROUND:
Massage Ordinance: The City's Massage Ordinance was last updated in 2010 and this Ordinance
prescribes a regulatory framework and inspection process and identifies the Police Department as the
primary implementing Department. Given staffing reductions over the past few years, the position
responsible for enforcing this ordinance was eliminated from the Police Department in 2010. Therefore,
the Code Enforcement Division of the Community Development Department has attempted to do some
limited, administrative enforcement within its constrained staffing over the past few years. However, there
has been a renewed discussion about increasing enforcement and regulation on massage
establishments, thus the Council set aside and allocated $100,000 (for one year) from available
resources at the end of the 2012-13 fiscal year. This money was intended for contractual help to perform
the complete regulation and inspection of massage establishments. Staff has researched available
contractors to perform this service and issued a Request for Proposal. Based on the responses, staff has
selected a contractor that meets the needs of the City in implementing a one year test program on the
massage ordinance enforcement/implementation.
Code Enforcement Vacancy: During the same time that staff was researching potential consultants to
provide the Massage Ordinance enforcement/implementation services, one of the code enforcement
officer positions within the Division became vacant. The Division is authorized by the budget for three
Code Enforcement Officer positions. The Code Enforcement Manager position for this Division was
eliminated as part of budget reductions in 2010, so management of the Division has been rotated
amongst the other two Mid Managers within the Community Development Department. Currently,
FOR CITY CLERK ONLY
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:AEL CITY COUNCIL AGENDA REPORT / P
management of Code Enforcement is provided by the Planning Manager, who now splits management
between the Planning and Code Enforcement Divisions. The recent Code Enforcement Officer that was
hired to fill the 3rd position did not pass the probationary period, therefore, the position became vacant as
of the end of July.
As a temporary solution during the anticipated recruitment period to refill this vacant position, staff
requested that the contractor selected for the massage ordinance/implementation program also submit a
proposal to provide on-call, code enforcement services. During the anticipated recruitment periods for the
currently vacant position, it is necessary to seek outside professional planning assistance for the day-to-
day functions of the Code Enforcement Division.
ANALYSIS:
Massage Ordinance: Implementation and enforcement of the growing number of massage
establishments remains one of the City's priorities as it relates to continued improvement of our
Downtown area and economic development. Given the staff reductions over the past few years in the
Police Department and Community Development Department (Code Enforcement Division), the City is
not able to take on the comprehensive implementation as is currently prescribed by the Ordinance. Code
Enforcement has been attempting to conduct limited periodic stings and inspections, but without the
comprehensive implementation, the City is not able to truly regulate, prosecute or enforce it's Ordinance
Therefore, in order to achieve this priority, the Council previously set aside $100,000 to take on a one
year initiative for implementation of the Massage Ordinance. The concept is that with the additional
resources staff will bring on two contract Code Enforcement Officers for part time basis, spending 25-30
hours a week (between the two) working on permitting and inspecting massage establishments and
enforcing to the fullest extent of the Ordinance any businesses found in violation of the regulation. The
proposed contractor has offered to provide two officers for this task, with the primary offer in charge of the
program and performing all the administrative and oversight work. A second officer would assist in
conducting inspections.
Although the consultant would provide the majority of the staffing for this task, some City staff will still be
utilized as needed, including City Attorney's office in the prosecution of any businesses in violations, the
Planning Manager to oversee and provide supervision of these consultants and the Police Department if
any safety concerns arise during inspections. The success of this program will be monitored at the mid-
point of the contract as well as at the end of the contract. Based on the results, the City may choose to
continue the program. The proposed Professional Services agreement is for 1 year, anticipated to start in
September, for a not -to -exceed budget of $100,000. The billing rates for the two officers are $92/hour.
Code Enforcement Vacancy:
With the recent vacancy, the Code Enforcement Division will need additional support to respond to
complaints about various code matters. The Housing Inspection Program (HIP) is the major function of
the Code Enforcement Division, as the majority of the Division's funding is derived from the fees taken in
from apartment buildings. However, aside from the HIP, which equals about 2 full time equivalent
employees, the City still receives over 350 public complaints annually about a variety of code
enforcement matters, ranging from illegal units, fences, signs, overgrown weeds on private property and
other nuisances.
During the period of this vacancy, the Division will need some help to absorb some of the public
complaints. Therefore, the contract code enforcement officer will provide an interim solution to assist the
Division in absorbing the case load. The contract is proposed to be up to 1 year, and $70,000, which
represents one year of salary and benefits for the vacant position. Staff notes that although the contract is
drafted to be for up to 1 year, we do not anticipate using the consultant for that long. The reason the one
year is proposed is in case the City has difficulty recruiting and hiring a qualified employee. This gives
staff the flexibility to use the consultant without having to come back with a contract amendment. The
funding for this contract position will be from salary savings. The consultant will only be used while there
is a vacancy and once a regular employee is hired, the consultant will not be utilized. It is proposed that
the same firm, CSG Consultants, provide the massage inspection services as well as the contract code
enforcement staff. This will provide for more efficiency and less training on city practices and protocols.
AEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT: Execution of the Agreements for Professional Planning Services would not result in a
significant fiscal impact to the City. The $100,000 contract for the massage ordinance
enforcement/implementation would be funded through the previously allocated one time monies adopted
as part of the set aside from available resources at the end of 2012-13. The contract for the Massage
Ordinance services would be within the maximum allocation set aside by the Council.
Salary savings will cover the charges for the on-going Code Enforcement Services. The vacant Code
Enforcement Officer Position is authorized in the budget for $73,000/year (salary + benefits) and the
contract to temporarily fill this vacancy would not exceed that amount and once an employee is hired, the
consultant would not be utilized anymore.
OPTIONS: The following options may be considered by the City Council:
1. Authorize the City Manager to execute both Agreements for Professional Code Enforcement Services
with CSG, Inc; or
2. Authorize the City Manager to execute only one of the two Agreement; or
3. Delay the execution of the Agreements for Professional Services, and provide direction to staff.
ACTION REQUIRED: It is recommended that the City Council adopt the attached resolutions.
ATTACHMENTS:
1. City Council Resolution, with attached Agreement for Professional Code Enforcement Services with
CSG for Massage Ordinance Enforcement/Implementation.
2. City Council Resolution, with attached Agreement for Professional Code Enforcement Staffing
Services with CSG to fill a vacancy during the recruitment process.
RESOLUTION NO. 13587
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL CODE ENFORCEMENT SERVICES WITH CSG
CONSULTANTS, INC, (CSG) TO PROVIDE CODE ENFORCEMENT SERVICES
FOR MASSAGE ORDINANCE ENFORCEMENT /IMPLEMENTATION.
(Term of Agreement: 1 year from start date, with a total budget amount not to
exceed $100,000.00).
WHEREAS, the City has determined that the growing number of massage
establishments need to be regulated and inspected to ensure compliance with the City's Massage
Ordinance;
WHEREAS, the City of San Rafael has determined that interim Code Enforcement
services are needed to provide implementation and enforcement of the City's Massage
Ordinance; and
WHEREAS, the Police Department, the department tasked with the enforcement of the
Massage Ordinance, does not have adequate staffing to perform those functions; and
WHEREAS, it was determined that as a temporary solution, the Community
Development Department, Code Enforcement Division, would bring on outside professional
Code Enforcement Services to perform a one year trial on the complete implementation of the
Massage Ordinance; and
WHEREAS, at the City's request, CSG Consultant, Inc. (Consultant) has submitted a
Proposal to the City of San Rafael for Code Enforcement Services for Massage Ordinance
Enforcement/Implementation, dated July 19, 2013, including a list of anticipated activities/tasks
and the hourly rate for performance of these services, and said proposal is attached to the
Agreement for Professional Services; and
WHEREAS, the costs associated with the Consultant's interim professional Code
Enforcement Services have been set aside and allocated by the City Council from available
resources at the end of the 2012/2013 fiscal year as one time monies for this task.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael does hereby authorize the City Manager to execute, on behalf of the City, an Agreement
for Professional Code Enforcement Services with CSG Consultants, Inc. in the form attached
herewith.
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I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of San Rafael, held on Monday, the 19th of August, 2013, by the following vote, to wit:
AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
Exhibit A Agreement for Code Enforcement Services for Massage
Ordinance/Implementation between City of San Rafael and CSG Consultants, Inc.
with attached Proposal to the City of San Rafael for Code Enforcement Services
for Massage Ordinance Enforcement/Implementation, dated July 19, 2013,
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AGREEMENT FOR
CODE ENFORCEMENT SERVICES FOR MASSAGE ORDINANCE
ENFORCEMENT /IMPLEMENTATION
This Agreement is made and entered into this 19t' day of August, 2013 by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants, Inc. (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, the City Council has identified a concern with the proliferation of massage
establishments in the CITY and concern with their appearance and compliance with the City's
regulations pertaining to massage establishments (Section 10.90 of the San Rafael Municipal Code);
WHEREAS, the Department tasked in SRMC 10.90 to implement the Ordinance (Police
Department) does not have the staffing resources to fully implement the ordinance;
WHEREAS, it was determined that Community Development Department (Code
Enforcement Division) was better suited at this time to be the lead Department in overseeing this
enforcement. The City Council authorized Community Development Department to pursue a 1 year
pilot program to implement/enforce the Massage Ordinance. In order to support this undertaking,
the City Council has allocated a I year budget to hire a consultant for this task;
WHEREAS, the CITY issued a Request for Proposal on July 5, 2013 to solicit proposals
from contractors to provide this service;
WHEREAS, CONTRACTOR has submitted a proposal titled Proposal to the City of
San Rafael for Code Enforcement Services for Massage Ordinance Enforcement/Implementation,
dated July 19, 2013 to the City of San Rafael to provide these services (attached hereto as Exhibit
A, and incorporated herein by reference); and
WHEREAS, CITY desires to retain CONTRACTOR to perform professional code
enforcement services as it relates to the enforcement of massage ordinance; and
WHEREAS, CONTRACTOR represents that their firm and the personnel they will
provide to the CITY are qualified to perform such services and is willing to perform such
professional services as hereinafter defined.
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AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Planning Manager is hereby designated the PROJECT MANAGER for
the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution
of this Agreement.
B. ` CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Robert Cushing is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR
designee shall be subject to the prior written approval of the PROJECT MANAGER.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as described in Exhibit
"A" attached hereto and incorporated herein as well as other duties as assigned by Project Manager
necessary to enforce and implement the City's Massage Ordinance. In addition, CONTRACTOR
will develop metrics and track these metrics to report back to PROJECT MANAGER on
effectiveness of this one year program.
It is expected that CONTRACTOR will provide two code enforcement officers and
between the two, they will work approximately 20- 35 hours a week. Work in excess of a total of
35 hours a week (total for all contract staff working on behalf of CONTRACTOR) shall require
prior authorization of the Project Manager;
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows:
a) Provide work space for CONTRACTOR, b) provide general direction and support to
CONTRACTOR; c) provide legal assistance to develop administrative enforcement cases;
and d) provide Police Department escort or backup if needed and necessary.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as
specified in Exhibit "A", in a total amount not to exceed $100,000.
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Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 1 year, commencing on September 1, 2013 and
ending on August 30, 2014. Upon mutual agreement of the parties, and subject to the approval of
the City Manager, the term of this Agreement may be extended for an additional period of 1 year, if
the total budget authorized by this agreement has not been exceeded and the City decides to
continue the program.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall tally cooperate
with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
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The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage.
2. An automobile liability insurance policy, for owned, non -owned, and hired
vehicles, in the minimum amount of one million ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR in Subparagraph A above,
shall also meet the following requirements:
1. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
2. Except for professional liability insurance, the insurance policies shall
provide in their text or shall be specifically endorsed to name the CITY, its officers, agents,
employees, and volunteers, as additionally named insureds under the policies, and to provide that
the insurance shall be primary with respect to any insurance or coverage maintained by CITY and
shall not call upon CITY's insurance or coverage for any contribution.
3. CONTRACTOR shall provide to City's Project Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) text from the insurance
policies or the endorsements as specified in Subparagraph B(2).
4. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) days written notice to City's Project Manager.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
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6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
A. Except as provided in Subparagraph B., CONTRACTOR shall indemnify,
release, defend and hold harmless CITY, its officers, and employees, against any claim, demand,
suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or
resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of
their duties and obligations under this Agreement.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless CITY, its officers, and employees, against any
claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees,
that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of
CONTRACTOR in the performance of its duties and obligations under this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LA"V'S.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perfonn all services under this Agreement in accordance with
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these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Raffi Boloyan, Project Manager
Community Development Department
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Robert Cushing, Code Enforcement Manager
(Project Director)
CSG Consultants, Inc
1700 South Amphlett Blvd,.) Floor
San Mateo, CA 94402
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
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subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONTRACTOR has provided CITY with a
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completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
,e ANC,Y MA�CKLI., City Manager
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTE City ttorney
CONTRACTOR
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By:
Title
Exhibit A: Proposal to the City of San Rafael for Code Enforcement Services for Massage
Ordinance Enforcement/Implementation, July 19, 2013
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PROPOSAL TO THE
FOR
Code Enforcement Services for Massage
Ordinance Enforcement /Implementation
PREPARED BY
CSG Consultants., Inc.
July 19, 2013
CSG Consultants, Inc. 1 1700 Amphlett Blvd. Suite 300 1 San Mateo, CA 94402
Phone (650) 522-2500 1 Fax (650) 522-2599. www.csgengr.com
San Mateo • Pleasanton • Newman • Sacramento • Salinas • Santa Ana
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July 19, 2012
City of San Rafael
1400 Fifth Avenue
P.O Box 151560
San Rafael, CA 94915-1560
Attn: Mr. Raffi Boloyan, Planning Manager
Re: On -Call Code Enforcement Services — Massage Ordinance
CSG is pleased to provide this proposal for contractual code enforcement services for up to a one year
period to enforce and implement the City of San Rafael's Massage Ordinance.
CSG has a thorough understanding of the needs of communities such as San Rafael, building upon our
many years of experience providing code enforcement services in a wide variety of settings and
geographical areas. We specialize in developing code enforcement programs tailored to bringing
communities together and resulting in a lasting partnership with the public. Our inspectors are self-
reliant, open-minded decision makers who are eager to help the City of San Rafael enforce the massage
ordinance.
Robert L. Cushing will serve as Project Manager for this contract. Our office and contact information is as
follows:
Robert L. Cushing I Code Enforcement Manager
1700 South Amphlett Boulevard 1 3rd Floor
San Mateo, CA 94402
(650) 522-2500 Phone 1 (650) 333-0854 Cell
robertc@csgengr.com
We look forward to extending our services to the City of San Rafael and are available to answer any
questions you may have regarding our services and staffing.
Sincerely,
Cyrus Kianpour, P.E., P.L.S.
President, CSG Consultants, Inc.
17017 South Arrgphlett ESouIF'vaccl„3 "Floor; San Mateo, C/1 94402
Phone: 650-522-2500; Fax: 650-522-2599
Email cs ;staff r@c, ren ,r corn; Online at www.csgwebsite.com ”"
SECTION I
Firm Structure and Background...............................................................................................................1
SECTI0W 2
Code Enforcement Experience and Capabilities..........................................................................2
SECTION 3
Project Understanding and Approach.................................................................................................4
SECTION 4
Personnel.................................................................................................................................................................. s
SECTION S
References................................................................................................................................................................6
S E C T 1 0 N 6
FeeSchedule...........................................................................................................................................................6
SECTION 7
Insurance & Additional Information.....................................................................................................7
SECTION €I
StaffProfiles............................................................................................................................................................7
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CSG Consultants, Inc. (CSG) is a California company with our corporate office located in San Mateo.
Additional support is available from our other offices in Pleasanton, Sacramento, Santa Ana, Newman,
and Salinas. We furnish a wide range of municipal services, from comprehensive development reviews
and management, design for capital improvement projects and assistance with master -planning, to staff
augmentation including comprehensive City Engineer and City Surveyor services. The majority of the
150+ individuals within our firm have provided public agency services throughout their careers. Our
talented personnel bring a wealth of ideas and experiences having provided similar services with
communities dealing with the same challenges as the City of San Rafael. Our staff consists of plan review
engineers, surveyors, program and project managers, construction managers, inspectors, and
specialized planning, information technology, and sustainability professionals. The following represents
a brief summary of ourfirm.
Firm Summary
NAME OF FIRM:
CSG Consultants, Inc.
PROJECT MANAGER:
Robert L. Cushing I Code Enforcement Manager
CORPORATE OFFICE:
1700 South Amphlett Boulevard 13rd Floor
San Mateo, CA 94402
(650) 522-2500 phone
(650) 522-2599 facsimile
www.csgwebsite.com
info@csgengr.com
REGIONAL OFFICES:
1257 Quarry Lane I Suite 100 1 Pleasanton, CA 94566
801 Park Center Drive I Suite 230 1 Santa Ana, CA 92705
1247 Main Street I Newman, CA 95360
21 West Alisal Street I Suite 108 1 Salinas, CA 93901
225 Eighth Street I Suite 425 1 Sacramento, CA 95814
YEARS IN BUSINESS:
22
NUMBER OF EMPLOYEES:
150+
TYPE OF BUSINESS:
Corporation I Federal ID No.: 91-2053749
Overview of CSG's Code Enforcement Experience
CSG has been providing code enforcement services to its municipal clients for 10 years. Our code
enforcement specialists work to identify code violations and engage stakeholders and responsible
parties to correct code violations consistent with municipal and state codes as well as the specific needs
of our clients. Codes and ordinances enforced include:
• Zoning codes
• Building codes
• Housing codes
• Public nuisance codes
• State health & safety codes
CSG code enforcement staff members are fully trained, licensed and certified through California
Association of Code Enforcement Officers (CACEO) and National Environmental Health Association.
(NEHA) for any code enforcement challenge presented. Our code enforcement officers have experience
and capabilities in the following key code enforcement areas:
• Code enforcement program review and analysis
• Code enforcement inspections
• Preparing administrative remedies including administrative citations
• Conducting administrative hearings
• Preparing program documentation and staff reports as well as committee and City Council
presentations
• Testifying on behalf of clients in criminal court
• License and permit application review and processing
• Coordination of activities with multiple departments including Building, Planning, Community
Development, Police and City Attorneys
• Providing information on municipal regulations to property owners, residents, businesses, the
general public, as well as to city departments and divisions
Although a majority of our results are gained by voluntary compliance, our services include a full range
of code enforcement activities, including:
• Enforcing administrative abatement
• Testifying in public hearings and court proceedings on behalf of the city
• Facilitating settlement agreements
• Recommending changes to the code
• Appearing as expert witnesses
Statement of Direct Experience
The following are examples of experience related to the scope of work for the City of San Rafael
contract:
Town of Los Altos Hills. In 2009, CSG executed a two-year contract with the Town of Los Altos
Hills as a follow-up to civil action resulting in loss of life From falling eucalyptus trees. Working in
conjunction with a certified arborist, we catalogued all designated trees and implemented and
enforced a tree removal program. The program was especially sensitive due to the personal
injury civil action and the resulting financial responsibility for physical removal of the trees by
property owners. Less than one percent of Los Altos Hills property owners ultimately took issue
with the enforcement program.
County of Monterey. In 2011, CSG executed a two-year contract with the County of Monterey to
analyze and redesign its code enforcement program. CSG published its findings in a "Review of
Code Enforcement Policies and Practices in Monterey County." The project resulted in
significant changes to the program including: eliminating the ineffective state mediation service,
increasing administrative program oversight, addition of new inspectors, elimination of out-
dated cases, and an improvement in penalty collection procedures.
Service Principles
Our long-time experience in furnishing comprehensive municipal services to jurisdictions provides a
consistent, strong technical foundation for all projects—from sensitive yet strategic code enforcement
decisions to accurate, thorough reporting procedures, CSG will deliver quality services to the City of San
Rafael. CSG emphasizes the following principles on all projects:
4 Accomplished customer service. We clearly understand the importance of our role in the
success of your City and commit to providing your citizens and businesses as well as your staff
with the highest level service.
Concentrated focus on cost-saving approaches and methods. Because
we proudly serve many municipalities and agencies, we are constantly
improving and adapting our services to be able to save your city precious
dollars. We share a wealth of recommendations from our varied
experience with other communities and clients to help keep your budget �n
healthy and on track.
Customized, responsive services. We are skilled at assessing time commitments, developing an
accurate work plan and applying dedicated, professional personnel. We can quickly fine-tune
staff or staffing levels to match your needs while maintaining the highest level of customer
service. We hand pick staff uniquely qualified and experienced to deliver the exact services
requested.
Fully committed and qualified personnel. Each member of our staff is fully licensed and certified
at the highest level of industry standards.
0
100,1111 Mailr e
Code enforcement activities are a crucial service in San Rafael to ensure not only public health and
safety but also to enhance economic development and ensure community preservation and well-being
throughout the City. CSG proposes to provide services to address the City of San Rafael's particular need
for implementation of the City's Massage Ordinance (No. 1890) adopted in November of 2010.
Our primary focus for the scope of work will be to further develop and improve the infrastructure
required for the implementation of the Massage Ordinance and to provide field inspection, investigation
and administrative services designed to implement the components of the program. CSG's involvement
in enforcement of this ordinance will address the key issues and needs identified by the City in its
enforcement efforts to date: part-time staffing, business ownership turnover, safety concerns,
mitigating risk of unfounded allegations, and access during normal (evening) massage business hours.
CSG's approach to implementation will involve utilizing established code enforcement practices and
procedures tailored to the City's specific needs. In addition to the aforementioned key issues, the City has,
in its Scope of Work, clearly described the primary code enforcement tasks, including specific services to
be rendered and expected work products to be delivered. CSG's initial approach will include development
of a work plan that will key off of these ordinance implementation tasks and be informed by an initial
project meeting with key City staff from all involved departments. It is expected that initial work plan tasks
following this project meeting will include, at a minimum: gaining familiarity with existing massage
businesses through review of case files and CRW Trakit case histories (including the two rounds of
inspections of approximately thirty massage businesses), State certification database records,
communications with staff, and a complete survey of all business locales; confirming City and department
enforcement policies, developing appropriate program communications; establishing meeting schedules
with all involved departments/individuals; confirming reporting procedures; identifying performance
metrics to be tracked; and establishing an initial inspection plan. With this groundwork in place, CSG will
then proceed with the formal inspection program.
To determine if ordinance requirements are being met, inspections will follow guidelines and standard
observation techniques typically used in code enforcement including, for example, unannounced visits
with massage business owners at their place of business during regular business hours, employee
interviews, and review of documentation such as posted licenses and certifications. CSG's code
enforcement officers are trained to conduct careful observations during inspections, maintain a high level
of professionalism, and to complete inspections in a timely and efficient manner. A checklist based on the
specific ordinance requirements will be developed and utilized to ensure efficient and thorough
inspections. The checklist will include, for example, determining if: the business is open for walk in
customers, exterior doors are not locked (otherwise necessitating telephone contact), window shades are
not drawn, therapy room doors are incapable of being locked, employees are properly attired, adequate
lighting is in use, specific health and safety practices are in place, and other requirements of legitimate
massage business operation as identified in the ordinance are being met. Inspections that result in
determinations of violations will be acted upon through warning notices, administrative citations or
abatement actions, or referrals to the City Attorney.
4
To address the City's needs, CSG proposes to furnish two (2) part time code enforcement officers to
implement the Massage Ordinance and enforce Municipal Code compliance for up to a one (1) year
period. The officers will work a maximum of 35 hours total per week between them unless additional
hours are approved by the City. Additional staffing and resources can also be quickly accessed through our
Bay Area offices as required.
As directed in the RFP, one lead Code Enforcement Officer will focus on managing and administering the
program and will serve as the primary contact with the City. This officer will be available during typical
work hours during the week on selected days as agreed upon with the Planning Manager. The lead officer
will participate in City meetings with supervisors and key staff From other departments.
A second Code Enforcement Officer will work a variable schedule, fewer hours per week, and will be
primarily assigned to conduct inspections of massage facilities during the day, at night or on the weekend.
When necessary, the administrative/lead Code Enforcement officer will accompany this officer during field
inspections.
CSG's Code Enforcement Manager will conduct frequent reviews of the inspectors' progress and will
review all evidence and documents with a bearing on a case as well as the inspectors' responses and
resolutions of cases. With input from the code enforcement officers, he will recommend and, with
approval, initiate changes that address specific problems or that will produce a more efficient and
effective program for the City. The Code Enforcement Manager will participate in team meetings with
members of City departments as needed and will be available to accompany inspectors, police officers,
and staff as well as representatives of other agencies on field visits when needed. Additionally, he will
attend City Council and Council committee meetings when necessary.
Our staff understands the zoning development approval process because we work side-by-side with
local communities building and improving these very systems. CSG researches the necessary resources
specific to any project on which we propose and carefully selects key professionals for each project. All
proposed personnel are highly skilled and experienced—understanding the policies and procedures
necessary for streamlined services and superior customer care.
The following team members will be assigned to this project:
• Robert Cushing, Code Enforcement Manager
• Lamonte Mack, Code Enforcement Lead Officer
• Anna Vanegas, Code Enforcement Officer
• Jack Nixon, Program Analyst (as needed)
Code enforcement staff profiles are included within this proposal for your review.
5
CSG has over 22 years experience in the provision of professional municipal services to jurisdictions
throughout California. Our track record of success with our clients is outstanding and we encourage you
to contact our references with any questions or clarifications you might require. The following
references are examples of communities where we provide code enforcement services.
City of Marina
Christine di lorio
Director
Community Development Department
209 Cypress Avenue
Marina, CA 93933
831-884-1220
Code Enforcement Services since March 2007
Town of Los Altos Hills
Carl Cahill
City Manager
26379 Fremont Road
Los Altos Hills, CA 94022
650-947-2515
Code Enforcement Services for 2008-2009
Administrative Hearing Officer Services since 2008
Town of Atherton
George Roderiks
City Manager
91 Ashfield Road
Atherton, CA 95678
650-752-0500
Code Enforcement Services since 2007
6'. Fee Schedule
The fee schedule for the proposed one (1) year period of work is as follows:
Code Enforcement Services
Description Hourly bate
Code Enforcement Officer/ Related Support Personnel ................................... $92
Hourly rates include overhead costs including, but not limited to, salaries, benefits, workers compensation insurance, and travel
and office expenses.
A
Insurance Coverage
As requested, the following is our general, automobile and professional liability coverage's which meet
the City's requirements:
Coverage
WORKERS COMPENSATION:
COMMERCIAL GENERAL LIABILITY:
AUTOMOBILE LIABILITY:
PROFESSIONAL LIABILITY:
(Errors and Omissions)
Limits of Liability
Statutory
$1,000,000 each occurrence
$2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Bodily Injury:
$500,000 per person
$1,000,000 per accident
Property Damage:
$100,000 per occurrence
$1,000,000 per claim
Additional Information
CSG has no contracts/agreement terminated for convenience or default within the past three years.
Additionally, CSG has no prior or pending litigation. CSG requests no changes to the terms and
conditions of the City's Professional Services Agreement.
Staff profiles are provided on the following pages.
NA
ROBERT L. CUSHING
Code Enforcement Manager
LICENSES / CERTIFICATIONS
Registered Environmental Health Specialist 13000
Law Enforcement PC 832 Certificate I Newark Police Department
California Community College Credential
Various Cal EPA Solid Waste and Environmental Certifications
Nt, 10 o
B.A. Degree, Environmental Health
San Jose State University, San Jose, CA
M.A. / MPH Degree, Public Health Education
San Jose State University, San Jose, CA
Mr. Cushing manages Code Enforcement Services for CSG Consultants, and has over 30 years experience enforcing
health and safety codes, the abatement of abandoned vehicles, enforcing local regulations and writing legislation. With
expertise in investigation, mediation, conflict management and California Vehicle code violations, Mr. Cushing brings a
thoughtful proactive approach to resolving problems. In the cities of Atherton, Marina, and Monte Sereno, Mr. Cushing
performs code compliance inspections and periodically reviews the enforcement programs, suggesting changes to
make the programs more efficient and cost effective. Mr. Cushing initiated and implemented a dangerous tree
enforcement program in Los Altos Hills, and recently audited the Code Enforcement Program for Monterey County
which included publishing a "Review of Code Enforcement Policies & Practices in Monterey County." Mr. Cushing
serves as Chief Executive Officerforthe Santa Clara County Abandoned Vehicle Authority and oversees an Agency
budget of $1.7 million dollars for 15 member cities to operate their abandoned vehicle programs. Prior tojoining CSG,
Mr. Cushing worked in San Jose, California's third largest city in a variety of roles including Chief of Code Enforcement,
Secretary of the Code Enforcement Appeals Commission and the President of the City of San Jose Management
Employees Association.
LAMONTE MACK
Code Enforcement Officer
LICENSES/ CERTIFICATIONS
Certified Code Enforcement Officer (Recertification Pending)
Animal Law Enforcement Training Academy (Basic & Advanced)
Powers of Arrest (PC 832)
NCICTraining
EDUCATION
Administration of Justice, Chabot College, Hayward, CA
Mr. Mack has over 12 years of investigation experience enforcing local municipal and zoning regulations related
to health and safety codes. Mr. Mack has successfully worked in culturally diverse communities and has
expertise in gaining voluntary compliance. Mr. Mack's experience includes mediation, conflict management and
investigations with regard to code violations.
Prior to joining CSG, Mr. Mack performed code enforcement services for the Cities of Millbrae and Fremont. In
this capacity, he enforced municipal code and zoning ordinance violations in the City of Millbrae's business
district, proactively pursuing high -visibility issues such a signage, blight, graffiti and maintenance. Mr. Mack's
diverse background in code enforcement is based on a proactive approach to resolving code violations.
In addition to code enforcement, in the City of San Francisco, Mr. Mack served as a General Manager for the
Tenderloin Neighborhood Development Corporation. In this capacity he served as the property manager for a
104 -unit residential hotel, supervised a staff of 11, collected rent, and provided accounting services, budgets and
reports for the Corporation while also investigating and mediating incident and crime reports.
Mr. Mack served as the Communications Sergeant for the Humane Society of Santa Clara Valley. In this role, he
managed a multi -city code enforcement program, investigated vicious dog and animal cruelty issues, and was
instrumental in enacting new policies on behalf of the Humane Society. In addition, Mr. Mack wrote a
procedures manual for the Humane Society's newly created code enforcement program. Mr. Mack's work as an
Animal Control Officer provided experience in patrolling assigned areas and responding to calls for animal
control services.
Mr. Mack also has experience working for the Housing Authority of Alameda and Santa Clara Counties. As a
Resident Manager for The Housing Authority in Alameda County, Mr. Mack performs on-site property manager
tasks for the County's Affordable Housing Complex, as well as working to resolve varied community issues on
behalf of the County. He provided similar services for Santa Clara County where he conducted inspections of
housing units involved in the County's "Section 8" Program.
As a Credit/Legal Assistant for Woodmont Real Estate Services in Belmont, Mr. Mack served as the fair housing
gauge for 30 apartment communities—using credit reports, public records and financial data to successfully
manage them. In addition, Mr. Mack managed collections and evictions for approximately 15 apartment
complexes, reconciling collection agency accounts and overseeing the entire collection and eviction process.
ANNA VANEGAS
Code Enforcement Officer
LICENSES and CERTIFICATIONS
Certified Code Enforcement Officer) CACEO
Law Enforcement PC 832 Certificate
EDUCATION
Bachelor of Science Degree, San Jose State University I San Jose, CA
Ms. Vanegas has 30 years of experience in the field of code and law enforcement. Prior to joining CSG, Ms. Vanegas
served for 17 years as a Code Enforcement Inspector for the City of San Jose. Additionally, she served in San Jose's
Police Department as a Parking Control Officer and a Police Property Specialist. She is a CACEO certified officer and has
completed extensive training in building inspection, zoning enforcement and is qualified to operate the State regulated
criminal information system.
Ms. Vanegas is past president of "Blue Star Moms," a leading support agency for United States military personnel, and
is a confident public speaker, appearing at many speaking engagements and on numerous television and radio
programs.
Code Enforcement Inspector
1994-2011— City of San Jose, CA
Inspection and enforcement of applicable ordinances pertaining to housing, building construction, zoning, land use,
signs, health and safety, vehicle and related code enforcement regulations.
Parking Control Officer
1986-1994 — City of San Jose / Police Department, CA
Enforcement of City parking regulations including towing illegally parked vehicles, issuance of parking citations to
violators, assisting officers and citizens, and representing the Police Department in court appearances.
Police Property Specialist
1981-1986 — City of San Jose / Police Department, CA
Received and disposed of all property and evidence booked into the San Jose Police Department in compliance with
the Penal Code.
10
RESOLUTION NO. 13587
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL CODE ENFORCEMENT SERVICES WITH CSG
CONSULTANTS, INC, (CSG) TO PROVIDE CODE ENFORCEMENT SERVICES
FOR MASSAGE ORDINANCE ENFORCEMENT /IMPLEMENTATION.
(Term of Agreement: 1 year from start date, with a total budget amount not to
exceed $100,000.00).
WHEREAS, the City has determined that the growing number of massage
establishments need to be regulated and inspected to ensure compliance with the City's Massage
Ordinance;
WHEREAS, the City of San Rafael has determined that interim Code Enforcement
services are needed to provide implementation and enforcement of the City's Massage
Ordinance; and
WHEREAS, the Police Department, the department tasked with the enforcement of the
Massage Ordinance, does not have adequate staffing to perform those functions; and
WHEREAS, it was determined that as a temporary solution, the Community
Development Department, Code Enforcement Division, would bring on outside professional
Code Enforcement Services to perform a one year trial on the complete implementation of the
Massage Ordinance; and
WHEREAS, at the City's request, CSG Consultant, Inc. (Consultant) has submitted a
Proposal to the ('Wiry of San Rafael for Code Ff?fbrc-ementServices for ,,Vf(i,v,v(ige Ordinance
Ep?fbi-c,ciiieiitl'lmplementt.ition, dated July 19, 2013, including a list of anticipated activities/tasks
and the hourly rate for performance of these services, and said proposal is attached to the
Agreement for Professional Services; and
WHEREAS, the costs associated with the Consultant's interim professional Code
FInforcement Services have been set aside and allocated by the City Council from available
resources at the end of the 2012/2013 fiscal year as one time rnonics for this task.
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of'San
Ral'acl (foes hereby aL1tl1()riZC the City Manager to execute, on behalf ofthe City, an Agreement
1"Or Protessional ode Fnforcci-rient Services with CS(I Consultants, Inc, in the f`61-111 attached
herewith.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of San Rafiael, held on Monday, the 19'h of August, 2013, by the t"ollowing vote, to wit:
AYES: Counciln-iembers: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABS1.`.NT: Councilmembers: None
. ...... - - --- -
Esther C. Beirne, City Clerk
Exhibit A Agreement for Code Enforcement Services for Massage
Ordinance/Implementation between City of San Rafael and CSG Consultants, Inc.
with attached Proj-)osal to the City qf,San Rqfiie1for Code Eql6rcement&,rvices
for Massage Ordinance F,,t?fbt-ceinentllmplementation, dated July 19, 2013,
2
AGREEMENT FOR
CODE ENFORCEMENT SERVICES FOR MASSAGE ORDINANCE
ENFORCEMENT /IMPLEMENTATION
This Agreement is made and entered into this 19'h day of AL�Ust , 2013 by and between the
L
CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants.,_ Inc. (hereinafter
"CONTRACTOR").
UFC1TALS'%
WHEREAS, the City Council has identified a concern with the proliferation of massage
establishments in the CITY and concern with their appearance and compliance with the City's
regulations pertaining to massage establishments (Section 10.90 of the San Rafael Municipal Code);
WHEREAS, the Department tasked in SRMC 10.90 to implement the Ordinance (Police
Department) does not have the staffing resources to fully implement the ordinance;
WHEREAS, it was determined that Community Development Department (Code
Enforcement Division) was better suited at this time to be the lead Department in overseeing this
enforcement. The City Council authorized Community Development Department to pursue a I year
pilot program to implement/enforce the Massage Ordinance. In order to support this undertaking,
the City Council has allocated a I year budget to hire a consultant for this task;
WHEREAS, the CITY issued a Request for Proposal on July 5, 2013 to solicit proposals
from contractors to provide this service;
WHEREAS, CONTRACTOR has submitted a proposal titled Projwsal to the 01J, of
San Rafael for Code Massage Ordinance Eqtbrceine ntIhn1*171 entat ion.,
dated July 19, 2013 to the City of San Rafael to provide these services (attached hereto as Fxhibit
A, and incorporated herein by reference); and
WHEREAS, CITY desires to retain CONTIIACTOR to pertbrin professional code
enforcement services as it relates to the enforcement of massage ordinance, and
WHEREAS, CONTRACTOR represents that their firm and the personnel they will
provide to the CITY"
'ITY are qualified to perforin such services and is willing to perform such
prollessional services as hereinafter defined.
Versimi 2-15-11
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJF`,CTCO—ORDfNATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Planning Manager is hereby designated the PROJECT MANAGER for
the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution
of this Agreement.
B. ' CONTRACTOR. CONTRACTOR shall assign a single PROJECTI)IRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Robert Cushing is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DlIZEICTOR
designee shall be subject to the prior written approval of the PlZOJE'CTMANAGER.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as ciescribed in Exhibit
"A" attached hereto and incorporated herein as well as other duties as assigned by Project Manager
necessary to enforce and implement the City's Massage Ordinance. In addition, CONTRACTOR
will develop metrics and track these metrics to report back to PROJECT MANAGER on
effectiveness of this one year program.
It is expected that CONTRACTOR will provide two code enforcement officers and
between the two, they will work approximately 20- 35 hours a week. Work in excess of a total of
35 hours a week (total for all contract staff working on behalf of CONTRACTOR) shall require
prior authorization of the Project Manager;
3. DUIJES Ol'CITY,
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows:
a) Provide work space for CONTRACTOR, b) provide general direction and support to
CONTRACTOR.; c) provide legal assistance to develop administrative cril'orcernent cases;
and (1) provide Police Department escort or backup if nceded and necessary.
4. (.'0MPFNSATION.
l'or the full performance of the services described herein by CONTRACTOR. CITY shall
pay, *ONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as
specified in l,'xliibit-/V', in total amount not to exceed $100,000.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONT RRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 1 year, commencing on September 1, 2013 and
ending on August 30, 2014. Upon mutual agreement of the parties, and subject to the approval of
the City Manager, the term of this Agreement may be extended for an additional period of I year, if
the total budget authorized by this agreement has not been exceeded and the City decides to
continue the program.
6. TFRMINATION,
L 11
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt ot'notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty ('30) days aftcr termination.
7. OWNERSI 11P 01, DO(JJMENTS.
.. I ...... .... . . .....
"I'he written documents and materials prepared by the (-'ONTRA(.,TOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8, INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, tor
inspection and audit, all dOCLIMC11ts and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9, ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereiinder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage.
2. An automobile liability insurance policy, for owned, non -awned, and hired
vehicles, in the minimum amount of one million ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR in Subparagraph A above,
shall also meet the following requirements:
1. Except for professional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
2. Except for professional liability insurance, the insurance policies shall
provide in their text or shall be specifically endorsed to name the CITY, its officers, agents,
employees, and volunteers, as additionally named insureds under the policies, and to provide that
the insurance shall be primary with respect to any insurance or coverage maintained by CITY and
shall not call upon CITY's insurance or coverage For any contribution,
1 CONTRACTOR shall provide to City's Project Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) text 11'rorn the insurance
policies or the endorsements as specified in Subparagraph B(2),
L-
4. '11ic insLirance policies shall provide that the, insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) (lays written notice to Cit} "s Project Manager,
5. if the insurance is written on a Claims Made Form, then, following
termination of this Aoreement, said insurance coverage shall survive for a period of not less than
five years.
Zil
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The insurance shall be approved as to form and sufficiency by PR(AE'CT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
A. Except as provided in Subparagraph B., CONTRACTOR shall indemnify,
release, defend and hold harmless CITY, its officers, and employees, against any claim, demand,
suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or
resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of
their duties and obligations under this Agreement.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law,
indemnify, release, defend and hold harmless CITY, its officers, and employees, against any
claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees,
that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of
CONTRACTOR in the performance of its duties and obligations under this Agreement.
12. N QN...Q.1 S.('RIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex. race, color, religion, ancestry, national origin or disability in connection Nvith or related to the
perl'ormancc of its duties and obligations under this Agreement.
13. COMPLIANCF WHJ I ALL, LAWS.
CONTRACTOR shall observe and comply with all applicable 1ederal, state and local laws,
ordinances, codes and regulations, in the perl'orniance 01' its ChltiCS in(] obligations Linder this
Agreeinent, CONTRACTOR shall perforin all services under this Agreeirient in accordance with
L-
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Raffi Boloyan, Project Manager
Community Development Department
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Robert Cushing, Code Enforcement Manager
(Project Director)
CSG Consultants, Inc
1700 South Amphlett Blvd, 3"" Floor
San Mateo, CA 94401
16. INI)L P1�;NI)INI' CCiN"I'ICTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status ot*
C:"ONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of C;"IT'Y.
17. AMENDMLN"1"S.
A. The terms and conditions of this Agreement, all exhibits attached, and all do(;uments
expressly incorporated by r&i-ence, represent the entire Agreement of the parties ,with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINSTDEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. 'the
subsequent acceptance by either party of any fee, performance, or other consideration which may
become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, condition, covenant of this Agreement or any
applicable law, ordinance or regulation.
20. QQSTS ANI) A`I„l'MNI;Y'S 1, EES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance ofthis Agreement, may recover its reasonable. costs
(including claims administration) and attorneys tees expended in connection with such action.
21. QFFY BUSINESS LIQ`NSI°; i O'l'I IER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement. until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer identification Number and
Certification).
22. APPl.jCABl,E LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written,
CITY OF SAN RAFAEL
1� . . . .......
1NANCY MA(.'Kl.,f,,,, City Manager
ATTEST:
ESTI-11"R C. BEfRNE, City Clerk
APPROVED AS TO FORM:
t I
.... - ----- -
'I
ROBE'RTF. EPS'fi�411- Clity ttorney
CONTRACTOR
Title:
............... . ..... . - - -- - ------- ------ - - . ............. .. .
Exhibit A: Proposal to the City of San Rafael for Code 1..,.'nforcement Services for Massage
Ordinance f,rii'()rceiiici,it/iiiipiciiientation, July 19, 2013
PROPOSAL TO THE
City of San Rafael
FOR
Code Enforcement Services for Massage
Ordinance Enforcement / implementation
PREPARED BY
CSG Consultants,, Inc.
July 19, 2013
CSG Consultants, Inc. I 1700 Arnphk�tt Blvd. SUite MO I San Mateo, CAP 4402,
Phone (650) 522 2.500 1 Fax (650) 522- 2599 wwvv.csgengr-.c(.)n,i
San Mateo ® Pleasanton e Newman e Sacramento e Salinas o Santa Ana
July 19, 2012
City ufSan Rafael
140OFifth Avenue
P.OBox 1S1560
San Rafael, [A9491S-1S60
At n: Mr. Raffi8o|nyan,Planning Manager
Re: On -Call Code Enforcement Services — Massage Ordinance
[SG is pleased to provide this proposal for contractual code enforcement services for upto o one year
period to enforce and implement the City of San Rafael's Massage Ordinance.
CSG has a thorough understanding of the needs of communities such as San Rafael, building upon our
many years of experience providing code enforcement services in a wide variety of settings and
geographical areas. We specialize in developing code enforcement programs tailored to bringing
communities together and resulting inalasting partnership with the public. Our inspectors are self-
reliant, open-minded decision rnakers who are eager to help the City of San Rafael enforce the massage
ordinance.
Robert L. Cushing will serve as Project Manager for this contract. Our office and contact information is as
Robert LCushing I Code EnhvcementManager
17UOSouth Amph|ettBoulevard 1 3r' Floor
San Mateo, CA944O2
(G5O)SZ2-Z50OPhone 1(§50)333-0854 Cell
robertc@csgen0r.com
We look forward to extending our services to the City of San Rafael and are available to answer any
questions you may have regarding our services and staffing.
Sincerely,
Cyrus Kianpour,P£,P.LI
President, CSG Consultants, Inc.
~
zxmsovmAmpueuuou/aao\z Floor; San mateu�cxsw*m
Phone: 650 szz'zsoo;Fax: asuszzzsyo
smaaoostaff r rzum;oo//oe.it wwwzsgveuute/nm
'Table of Contents
SECT ON I
Firm Structure and Background ....................... .......................... ..............................................................
i
SECT10N 7
Code Enforcement Experience and Capabilities..........................................................................2
Project Understanding and Approach.................................................................................................4
ECT10
Personnel.................................................................................................................................................................. s
E C T 1 0 H 5
References................................................................................................................................................................6
5ECT10 N 6
FeeSchedule...........................................................................................................................................................6
SE6:T10 N T
Insurance & Additional Information. ........................ ................................... ....................................... 7
S E C T I 0 N £1
StaffProfiles............................................................................................................................................................7
em . irm mn a mums w mm
nd BaclVound
CSG Consultants, Inc. (CSG) is a California company with our corporate office located in San Mateo.
Additional support is available from our other offices in Pleasanton, Sacramento, Santa Ana, Newman,
and Salinas. We furnish a wide range of municipal services, from comprehensive development reviews
and management, design for capital improvement projects and assistance with master -planning, to staff
augmentation including comprehensive City Engineer and City Surveyor services. The majority of the
150+ individuals within our firm have provided public agency services throughout their careers. Our
talented personnel bring a wealth of ideas and experiences having provided similar services with
communities dealing with the same challenges as the City of San Rafael. Our staff consists of plan review
engineers, surveyors, program and project managers, construction managers, inspectors, and
specialized planning, information technology, and sustainability professionals. The following represents
a brief summary of our firm.
Firm Summary
NAME of HRM: CSG Consultants, Inc.
PROJECT MANAGER: Robert L. Cushing I Code Enforcement Manager
CORPORATE OFFICE: 1700 South Amphlett Boulevard I 3rd Floor
San Mateo, CA 94402
(650) 522-2500 phone
(650) 522-2599 facsimile
www.csgwebsite.com
info@csgengr.com
REGIONAL OFFICES: 1257 Quarry Lane I Suite 100 I Pleasanton, CA 94566
801 Park Center Drive I Suite 230 I Santa Ana, CA 92705
1247 Main Street I Newman, CA 95360
21 West Alisal Street I Suite 108 1 Salinas, CA 93901
225 Eighth Street I Suite 42.5 I Sacramento, CA 95814
YEARS IN BUSMESS: 22
NUMBER OF EMPLOYEES: 150+
'TYRE OF BUSINESS: Corporation I Federal lD No.: 91-2053749
�� Enforcement ����°� ��~����U0=��
�� �w���0�� �������������0��N��Experience��N��� Capabilities
Overview
of CSG's Code Enforcement Experience
CSG has been providing code enforcement services to its municipal clients for 10 years. Our code
enforcement specialists work to identify code violations and engage stakeholders and responsible
parties to correct code violations consistent with municipal and state codes as well as the specific needs
ofour clients. Codes and ordinances enforced include:
w Zoning codes
• Building codes
• Housing codes
• Public nuisance codes
0 State health & safety codes
CSG code enforcement staff members are fully trained, licensed and certified through California
Association of Code Enforcement Officers (CACEO) and National Environmental Health Association
(NEHA) for any code enforcement challenge presented. Our code enforcement officers have experience
arid capabilities inthe following key code enforcement areas:
w Code enforcement program review and analysis
• Code enforcement inspections
• Preparing administrative remedies including administrative citations
w Conducting administrative hearings
• Preparing program documentation and staff reports as well as committee and City Council
presentations
w Testifying onbehalf ofclients incriminal court
• License and permit application review and processing
�
Coordination ofactivities with multiple departments including Building, Planning, Community
Development, Police and City Attorneys
� Providing information on municipa| regulations toproperty owners, residents, businesses, the
general public, aswell astncity departments and divisions
Although a majority of our results are gained by Voluntary compliance, our services include a full range
of code enforcement activities, including-
* Enforcing administrative abatement
m Testifying inpublic hearings and court proceedings onbehalf ufthe city
m Facilitating settlement agreements
m Recommending changes tothe code
* Appearing asexpert witnesses
a
Statement of Direct Experience
The following are examples of experience related to the scope of work for the City of San Rafael
contract:
Town of Los Altos Hills. In 2009, CSG executed a two-year contract with the Town of Los Altos
Hills as a follow-up to civil action resulting in loss of life from falling eucalyptus trees. Working in
conjunction with a certified arborist, we catalogued all designated trees and implemented and
enforced a tree removal program. The program was especially sensitive due to the personal
injury civil action and the resulting financial responsibility for physical removal of the trees by
property owners. Less than one percent of Los Altos Hills property owners ultimately took issue
with the enforcement program.
County of Monterey. In 2011, CSG executed a two-year contract with the County of Monterey to
analyze and redesign its code enforcement program. CSG published its findings in a "Review of
Code Enforcement Policies and Practices in Monterey County." The project resulted in
significant changes to the program including: eliminating the ineffective state mediation service,
increasing administrative program oversight, addition of new inspectors, elimination of out-
dated cases, and an improvement in penalty collection procedures.
Service Principles
Our long-time experience in furnishing comprehensive municipal services to jurisdictions provides a
consistent, strong technical foundation for all projects—from sensitive yet strategic code enforcement
decisions to accurate, thorough reporting procedures, CSG will deliver quality services to the City of San
Rafael. CSG emphasizes the following principles on all projects:
"w Accomplished customer service. We clearly understand the importance of our role in the
success of your City and commit to providing your citizens and businesses as well as your staff
with the highest level service.
Concentrated focus on cost-saving approaches and methods. Because
we proudly serve many municipalities and agencies, we are constantly
improving and adapting our services to be able to save your city precious`
dollars. We share a wealth of recommendations from our varied
experience with other communities and clients to help keep your budget
healthy and on track.
4^ Customized, responsive services. We are skilled at assessing time commitments, developing an
accurate work plan and applying dedicated, professional personnel. We can quickly fine-tune
staff or staffing levels to match your needs while maintaining the highest level of customer
service. We hand pick staff uniquely qualified and experienced to deliver the exact services
requested.
Fully committed and qualified personnel. Each member of our staff is fully licensed and certified
at the highest level of industry standards.
18
Project Understanding and Approach
a .
Code enforcement activities are a crucial service in San Rafael to ensure not only public health and
safety but also to enhance economic development and ensure community preservation and well-being
throughout the City. CSG proposes to provide services to address the City of San Rafael's particular need
for implementation of the City's Massage Ordinance (No. 1890) adopted in November of 2010.
Our primary focus for the scope of work will be to further develop and improve the infrastructure
required for the implementation of the Massage Ordinance and to provide field inspection, investigation
and administrative services designed to implement the components of the program. CSG's involvement
in enforcement of this ordinance will address the key issues and needs identified by the City in its
enforcement efforts to date: part-time staffing, business ownership turnover, safety concerns,
mitigating risk of unfounded allegations, and access during normal (evening) massage business hours.
CSG's approach to implementation will involve utilizing established code enforcement practices and
procedures tailored to the City's specific needs. In addition to the aforementioned key issues, the City has,
in its Scope of Work, clearly described the primary code enforcement tasks, including specific services to
be rendered and expected work products to be delivered. CSG's initial approach will include development
of a work plan that will key off of these ordinance implementation tasks and be informed by an initial
project meeting with key City staff from all involved departments. It is expected that initial work pian tasks
following this project meeting will include, at a minimum: gaining familiarity with existing massage
businesses through review of case files and CRW Trakit case histories (including the two rounds of
inspections of approximately thirty massage businesses), State certification database records,
communications with staff, and a complete survey of all business locales; confirming City and department
enforcement policies, developing appropriate program communications; establishing meeting schedules
with all involved departments/individuals; confirming reporting procedures; identifying performance
metrics to be tracked; and establishing an initial inspection plan. With this groundwork in place, CSG will
then proceed with the formal inspection program.
To determine if ordinance requirements are being met, inspections will follow guidelines and standard
observation techniques typically used in code enforcement including, for example, unannounced visits
with massage business owners at their place of business during regular business hours, employee
interviews, and review of documentation such as posted licenses and certifications. CSG's code
enforcement officers are trained to conduct careful observations during inspections, maintain a high level
of professionalism, and to complete inspections in a timely and efficient manner. A checklist based on the
specific ordinance requirements will be developed and utilized to ensure efficient and thorough
inspections. The checklist will include, for example, determining if: the business is open for walk in
customers, exterior doors are not locked (otherwise necessitating telephone contact), window shades are
not drawn, therapy room doors are incapable of being locked, employees are properly attired, adequate
lighting is in use, specific health and safety practices are In place, and other requirements of legitimate
massage business operation as identified in the ordinance are being met. Inspections that result in
determinations of violations will be acted upon through warning notices, administrative citations or
abatement actions, or referrals to the City Attorney.
4. Personnel
To address the City's needs, CSG proposes to furnish two (2) part time code enforcement officers to
implement the Massage Ordinance and enforce Municipal Code compliance for up to a one (1) year
period. The officers will work a maximum of 35 hours total per week between them unless additional
hours are approved by the City. Additional staffing and resources can also be quickly accessed through our
Bay Area offices as required.
As directed in the RFP, one lead Code Enforcement Officer will focus on managing and administering the
program and will serve as the primary contact with the City. This officer will be available during typical
work hours during the week on selected days as agreed upon with the Planning Manager. The lead officer
will participate in City meetings with supervisors and key staff from other departments.
A second Code Enforcement Officer will work a variable schedule, fewer hours per week, and will be
primarily assigned to conduct inspections of massage facilities during the day, at night or on the weekend.
When necessary, the administrative/lead Code Enforcement officer will accompany this officer during field
inspections.
CSG's Code Enforcement Manager will conduct frequent reviews of the inspectors' progress and will
review all evidence and documents with a bearing on a case as well as the inspectors' responses and
resolutions of cases. With input from the code enforcement officers, he will recommend and, with
approval, initiate changes that address specific problems or that will produce a more efficient and
effective program for the City. The Code Enforcement Manager will participate in team meetings with
members of City departments as needed and will be available to accompany inspectors, police officers,
and staff as well as representatives of other agencies on field visits when needed. Additionally, he will
attend City Council and Council committee meetings when necessary.
Our staff understands the zoning development approval process because we work side-by-side with
local communities building and improving these very systems. CSG researches the necessary resources
specific to any project on which we propose and carefully selects key professionals for each project. All
proposed personnel are highly skilled and experienced—understanding the policies and procedures
necessary for streamlined services and superior customer care.
The following team members will be assigned to this project:
e Robert Cushing, Code Enforcement Manager
® Lamonte Mack, Code Enforcement Lead Officer
® Anna Vanegas, Code Enforcement Officer
® Jack Nixon, Program Analyst (as needed)
Code enforcement staff profiles are included within this proposal for your review.
5. References
CSG has over 22 years experience in the provision of professional municipal services to jurisdictions
throughout Calif orni a. Our track record of success with our clients is outstanding and we encourage you
to contact our references with any questions or clarifications you might require. The following
references are examples of communities where we provide code enforcement services.
City of Marina
Christine di|oho
Director
Community Development Department
ZO9Cypress Avenue
Marina, CA93933
831'8841220
Code Enforcement Services since March 2007
Town ufLos Altos Nflk
Carl Cahill
City Manager
Z6379Fremont Road
Los Altos Hills, CA8402Z
650-947-25I5
Code Enforcement Services for 2UO8'ZO09
Administrative Hearing Officer Services since 2U08
Town of Atherton
Georgenodedk
City Manager
91Ashfield Road
Atherton, CA95678
650'752-0500
Code Enforcement Services since 2007
The fee schedule for the proposed one (1) year period of work is as follows:
Code Enforcement Services
I.Pescripfloni FiWrly Rate
Code Enforcement Officer/ Related Support Personnel . . .......... ........ � , $92
Houdyrates include overhead costs including, but riot Ur'fltedto, salaries, benefits, workers mmp,mehooinsumnoe,a^d*awd
and office expenses.
FAIRM a �t
1
Insurance Coverage
As requested, the following is our general, automobile and professional liability coverage's which meet
the City's requirements:
Coverage
WORKERS COMPENSATION:
COMMERCIAL GENERAL LIABILITY:
AUTOMOBILE LIABILITY:
PROFESSIONAL LIABILITY:
(Errors and Omissions)
Additional Information
Limits of Liability
Statutory
$1,000,000 each occurrence
$2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
Bodily Injury:
$500,000 per person
$1,000,000 per accident
Property Damage:
$100,000 per occurrence
$1,000,000 per claim
CSG has no contracts/agreement terminated for convenience or default within the past three years.
Additionally, CSG has no prior or pending litigation. CSG requests no changes to the terms and
conditions of the City's Professional Services Agreement.
8. Staff Proffles
Staff profiles are Provided on the following pages.
M
ROBERT L. CUSHING
Code Enforcement Manager
LICENSES /CERTIFIurms
Registered Environmental Health Specialist 13000
Law Enforcement PCO32Certificate INewark Police Department
California Community College Credential
Various Cal EPA Solid Waste and Environmental Certifications
EDUCATION
B.A. Degree, Environmental Health
San Jose State University, San Jose, CA
M.A./MPH Degree, Public Health Education
San Jose State University, San Jose, CA
Mr. Cushing manages Code Enforcement Services for CSG Consultants, and has over 3Oyears experience enforcing
health and safety codes, the abatement of abandoned vehicles, enforcing local regulations and writing legislation. With
expertise in investigation, mediation, conflict management and California Vehicle code violations, Mr. Cushing brings a
thoughtful proactive approach to resolving problems. In the cities of Atherton, Marina, and Monte Sereno, Mr. Cushing
performs code compliance inspections and periodically reviews the enforcement programs, suggesting changes to
make the programs more efficient and cost effective. Mr. Cushing initiated and implemented a dangerous tree
enforcement program in Los Altos Hills, and recently audited the Code Enforcement Program for Monterey County
which included publishing a "Review of Code Enforcement Policies & Practices in Monterey County." Mr. Cushing
serves as Chief Executive Officer forthe Santa Clara County Abandoned Vehicle Authority and oversees an Agency
budget of $1.7 million dollars for 15 member cities to operate their abandoned vehicle programs. Priortojoining CSG,
Mr. Cushing worked in San Jose, California's third largest city in a variety of roles including Chief of Code Enforcement,
Secretary of the Code Enforcement Appeals Commission and the President of the City of San Jose Management
Employees Association.
LAMONTE MACK
Code Enforcement Officer
LICENSES / CERTIFICATIONS
Certified Code Enforcement Officer (Recertification Pending)
Animal Law Enforcement Training Academy (Basic & Advanced)
Powers of Arrest (PC 832)
NCIC Training
EDUCATION
Administration of Justice, Chabot College, Hayward, CA
Mr. Mack has over 12 years of investigation experience enforcing local municipal and zoning regulations related
to health and safety codes. Mr. Mack has successfully worked in culturally diverse communities and has
expertise in gaining voluntary compliance. Mr. Mack's experience includes mediation, conflict management and
investigations with regard to code violations.
Prior to joining CSG, Mr. Mack performed code enforcement services for the Cities of Millbrae and Fremont. In
this capacity, he enforced municipal code and zoning ordinance violations in the City of Millbrae's business
district, proactively pursuing high -visibility issues such a signage, blight, graffiti and maintenance. Mr. Mack's
diverse background in code enforcement is based on a proactive approach to resolving code violations.
In addition to code enforcement, in the City of San Francisco, Mr. Mack served as a General Manager for the
Tenderloin Neighborhood Development Corporation. In this capacity he served as the property manager for a
104 -unit residential hotel, supervised a staff of 11, collected rent, and provided accounting services, budgets and
reports for the Corporation while also investigating and mediating incident and crime reports.
Mr. Mack served as the Communications Sergeant for the Humane Society of Santa Clara Valley. In this role, he
managed a multi -city code enforcement program, investigated vicious dog and animal cruelty issues, and was
instrumental in enacting new policies on behalf of the Humane Society. In addition, Mr. Mack wrote a
procedures manual for the Humane Society's newly created code enforcement program. Mr. Mack's work as an
Animal Control Officer provided experience in patrolling assigned areas and responding to calls for animal
control services.
Mr. Mack also has experience working for the Housing Authority of Alameda and Santa Clara Counties. As a
Resident Manager for The Housing Authority in Alameda County, Mr. Mack performs on-site property manager
tasks for the County's Affordable Housing Complex, as well as working to resolve varied community issues on
behalf of the County. He provided similar services for Santa Clara County where he conducted inspections of
housing units involved in the County's "Section 8" Program.
As a Credit/Legal Assistant for Woodmont Real Estate Services in Belmont, Mr, Mack served as the fair housing
gauge for 30 apartment communities --using credit reports, public: records and financial data to successfully
manage there. In addition, Mr. Mack managed collections and evictions for approximately 15 apartment
complexes, reconciling collection agency accounts and overseeing the entire collection and eviction process.
N
ANNA VANEGAS
Code Enforcement Officer
LICENSES and CERTIFICRTIONS
Certified Code Enforcement Officer I[A[EO
Law Enforcement PCO32Certificate
EDUCATION
Bachelor of Science Degree, San Jose State University I San Jose, CA
Ms. Vanegas has 30 years of experience in the field of code and law enforcement. Prior to joining CSG, Ms. Vanegas
served for 17 years as a Code Enforcement Inspector for the City of San Jose. Additionally, she served in San Jose's
Police Department as a Parking Control Off icer and a Police Property Specialist. She is a CACEO certified officer and has
completed extensive training in building inspection, zoning enforcement and is qualified to operate the State regulated
criminal information system.
Ms. VaneQasbpast president of "Blue Star Moms," a leading support agency for United States military personnel, and
is a confident public speaker, appearing at many speaking engagements and on numerous television and radio
programs.
Code Enforcement Inspector
1994-Z0l1—City ofSan Jose, C4
Inspection and enforcement of applicable ordinances pertaining to housing, building construction, zoning, land use,
signs, health and safety, vehicle and related code enforcement regulations.
Parking Control Officer
1986'l994—City ofSan Jose / Police Department, CA
Enforcement of City parking regulations including towing illegally parked vehicles, issuance of parking citations to
violators, assisting officers and citizens, and representing the Police Department in court appearances.
Police Property Speciaiist
1981'l986—City ofSan Jose / Police Department, CA
Received and disposed of all property and evidence booked into the San Jose Police Department in compliance with
the Penal Code.
0
!� �' DATE (MMIDDNYYY)
,acaRa CERTIFICATE OF LIABILITY INSURANCE
�.✓"' 08/05/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 0726293 1-415-546-9300 CONTACT Don Tarantino
NAME: _ _
Arthur J. Gallagher & Co. PHON EFAX
Insurance Brokers of California, Inc., License #0726293 (AC,No,
-Ext)415-536-6617 (A/C,No) 415-536-8627
One Market Plaza, Spear Tower ADDRESS: don tarantino@ajg.com
Suite 200 — ------ _
San Francisco, CA 94105 __ _. _ ____ INSURERIS) AFFORDING COVERAGE _ NAICN
INSURERA: TRAVELERS PROP CAS CO OF AMER 25674
_..._- ------ .......
INSURED INSURER B: TWIN CITY FIRE INS CO CO 29459
CSG Consultants Inc.
Precision Inspection - CSG INSURER C: ARCH INS CO 11150
1700 S. Amphlett Blvd 3rd Floor -INSURER D:
San Mateo, CA 94402 INSURER E:
COVERAGES CERTIFICATE NUMBER: 35088926 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS
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DESCRIBED HEREIN IS SUBJECT TO
ALL, THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
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N1 Pr GPRIE rr>RrH A /FXE.CU nvE�
ANEIC
E.I EA HAC;CIDENY
;,1,000,000
ERrMF. ME4ER E. Ctz'Y'rdFPR
:LI1OED1 NIA,
i
- -
-_ _
Mandatory In NH)
11 E LW,EA"',E EA EMPLOYEE
S 1,000,000
. Ifyry trScri&re +urd("`r
! DESCCRIF'-CION OF OF"ERA EIC)NS Crelow
- -
E'il DISEASE.'. � POL CY t.IMI'T'
S 1, 000, 000 -.
C iProf Liability AEP 004731501 12/04/12
12/04/13 Limit:
_
3M.il/3Mi ��
i
Retention
50,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
All operations of the Named Insured.
Certificate Holder, its agents, employees & volunteers are Additional Insured per attached endorsement.
Community Development Department
City of San Rafael
1400 5th Avenue
San Rafael, CA 9491.5-1560
ACORD 25 (2010/05)
jabersan
35088926
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORQED REPRESENTATIVE
USA
Q-) 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 680-294MO850-TIL-12
COMMERCIAL GENERAL LIABILITY
ISSUE DATE: 10-25-I2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |T CAREFULLY.
J�����8�����U�KU U����UU������
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(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME QPPERSQN(S)OR ORGANIZATION (S):
PER SCHEDULE ON FILE WITH AGENT
PROJECT/LOCATION OfCOVERED OPERATIONS:
PROVISIONS
A. The following is added to WHO IS AN INSURED
(Section 11):
The person ororganization shown inthe Sched-
ule abowaisem additional insured on this Cover-
age Part, but only with respect to liability for "bod-
ily
over-mgaPo¢buton|ywith,ospectbo|iobi|ityfor^bod-
ily injury", "property damage" or "personal injury"
nauned, in whole or in part, by your outs oromis-
sions or the acts or omissions of those acting on
your behalf:
m. In the performance of your ongoing opera-
tions;
b. In connect/on with premises owned by or
rented hzyou; or
c. In connection with "your work" and included
within the "products -completed operations
hazard"
Such person or organization does not qualify as
on additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided tosuch additional insured
islimited aofollows:
d. This insurance does not apply to the render-
ing of or failure to render any "professional
services".
e. The |hnKe of insurance afforded to the addi-
tional insured shall be the Umba which you
agreed in that "contract oragreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less, This endorsement does not increase the
Umhm of insurance stated in the LIMITS OF
INSURANCE (Section O|) for this Coverage
Pert.
B. The following is added to Paragraph a. of 4.
Other Insurance in C(JK0K8ERoh4L GENERAL
LIABILITY CONDITIONS (Section IV):
Howeve/, if you specifically agree in a "contract or
agreement requiring inaunanue" that, for the addi-
tional insured shown in the Schedule, the insur-
ance pmvidedtothotaddihona||nsumdunderthis
CGD382O807 �20mrT�"erra.elefncvmpaniao.Inc Page 1o(2
COMMERCIAL GENERAL LIABILITY
Coverage Part must apply on a primary basis, or
a primary and non-contributory basis, this insur-
ance is primary to other insurance that is avail-
able to such additional insured which covers such
additional insured as a named insured, and we
will not share with the other insurance, provided
that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance" for such addi-
tional insured. But this insurance still is excess
over valid and collectible other insurance,
whether primary, excess, contingent or on any
other basis, that is available to the additional in-
sured when the additional insured is also an addi-
tional insured under any other insurance.
C. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against the additional insured shown in the
Schedule above because of payments we make
for "bodily injury", "property damage" or "personal
injury" arising out of "your work" on or for the pro-
ject, or at the location, shown in the Schedule
above, performed by you, or on your behalf, un-
der a "contract or agreement requiring insurance"
with that additional insured. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with that additional insured entered into by
you before, and in effect when, the "bodily injury"
or "property damage" occurs, or the "personal in-
jury" offense is committed.
D. The following definition is added to DEFINITIONS
(Section V):
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include the person
or organization shown in the Schedule as an ad-
ditional insured on this Coverage Part, provided
that the "bodily injury" and "property damage" oc-
curs, and the "personal injury" is caused by an of-
fense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
Page 2 of 2 @ 2007 The Travelers Companies, Ina. CG D3 82 09 07
Includes the coppghted material of Insurance Services Office., Inc, with its pcimission
GUMMERGIAL GENERAL LIABILITY
T11-1118 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE -- ADDITIONAL INSUREDS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL, LIABILITY C9,/ERAGE PART
COMMERCIAL GENERAL LIABILITY CONDITIONS
(See(lon IV), Paragraph 4. (Other Insurance), I*
amended as follows:
1. The following is added to Paragraph a. Primary
Insurance:
However, If you specifically agree In a written con-
tract or written agreement that the Insurance pro-
vided to an additional Insured under this
Coverage Part must apply on a primary basis, or
a primary and non-contributory basis, this Insur-
ance Is primary to other Insurance that is avaii-
able to such additional Insured which covers such
additional Insured as a named Insured, and we
will not share with that other Insurance, provided
that:
a. The "bodily Injury" or "property damage" for
which coverage Is sought occurs, and
b, The "personal injury" or "advattising Injury" for
which coverage is sought arises out of an of -
Wise committed
subsequent to the signing and execution of Jlhat
contract or agreement by you,
2. Tho first Subpaiagrapti (2) of Paragraph b. Ex-
cess Inquranco regarding any other primary In-
surance available to you is deleted.
3. The following Is added to Paragraph Is. Excoos
Insurance, as an additional subparagraph under
Subparagraph (1):
That is available to the Insured when the Insured
Is added as an addltlonal-insured under any other
policy, Including any umbrella or excess policy.
CG DO 37 04 05 H05 rho E.t. Ro,fl I'ro,,,cflors Companter,, Ine All ngiVs ref,'Orved, Pago 1 of I
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WORKERS' COMPENSATION BROAD FORM ENDORSEMENT
EXTENDED OPTIONS
P licy Number: 57 WE EP4360 Endorsement Number:
Effectiv Date: 12/04/12 Effective hour is the same as stated on the Information Page of the policy.
Nam d Insured and Address: CSG CONSULTANTS INC
1700 S AMPHLETT BLVD 3RD FL
SAN MATEO, CA 94402
Section I of this endorsement expands coverage provided under WC 00 00 00.
Section II of this endorsement provides additional coverage usually only provided by endorsement.
Section III of this endorsement is a Schedule of Covered States.
You may use the index to locate these coverage features quickly:
SUBJECT
SECTION 1
PARTS ONE and TWO
01 We Will Also Pay
PART -THREE
02 How This Insurance Works
PART - SIX
03 Transfer of Your Rights and Duties
04 Liberalization
SECTION II
VOLUNTARY COMPENSATION INSURANCE
05 Voluntary Compensation Insurance
A. How This Insurance Applies
B. We Will Pay
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Employers' Liability Insurance
EMPLOYERS' LIABILITY STOP GAP
ENDORSEMENT
06 Employers' Liability Stop Gap
Coverage
A, Stop Gap Coverage Limited to
Montana, North Dakota, Ohio,
Washington, West Virginia and
Wyoming
Form WC 99 03 03 B Printed In U.S.A. (Ed. 8100)
Process bat : 10/09/12
PAGE
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
R
EAGE
B. Part One Does Not Apply
C. Application of Coverage
D. Additional Exclusions
E. West Virginia
EXTENDED OPTIONS
01 Employers' Liability insurance
02 Unintentional Failure to Disclose
Hazards
03 Waiver of Our Right to Recover from
Others
04 Foreign Voluntary Compensation
A. How This Reimbursement Applies
B. We Will Reimburse
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Reimbursement For Actual Loss
Sustained
G. Repatriation
H. Endemic Disease
05 Longshore and Harbor Workers'
Compensation Act Coverage
Endorsement
SECTION III
01 Schedule of Covered States
Page 1 of 6
Policy Expiration Date: 12/04/13
3
3
3
3
4
4
4
4
4
4
4
4
5
5
5
SECTION I
PARTS ONE and TWO
1. WE WILL ALSO PAY
D. W Will Also Pay of Part One (WORKERS'
COMPENSATION INSURANCE); and
E. We Wili Also Pay of Part Two (EMPLOYERS'
LIABILITY INSURANCE) is replaced by the
following:
We Will Also Pay
We will also pay these costs, in addition to
other amounts payable under this insurance,
as part of any claim, proceeding, or suit we
defend:
1. reasonable expenses incurred at our
request, INCLUDING loss of earnings;
2. premiums for bonds to release
attachments and for appeal bonds in bond
amounts up to the limit of our liability
under this insurance;
3. litigation costs taxed against you;
4. interest on a judgment as required by law
until we offer the amount due under this
law; and
S. expenses we incur.
PARTTHREE
2. How This Insurance Applies
Paragraph 4. of A. How This Insuranc Appif s
of Part 3 (Other States Insurance) is replaced by
the following;
4. If you have work on the effective date of this
policy in any state not listed in Item 3.A, of the
Information Page, coverage will not be
afforded for that state unless we are notified
within sixty days.
PART SIX
3. Transfer Of Your Rights and Duties
C. Transfer Of Your Rights and Duties of Part 6
(Conditions) is replaced by the following:
Your rights or duties under this policy may not
be transferred without our written consent.
If you die and we receive notice within sixty
days after your death, we will cover your legal
representative as insured.
4. Liberalization
If we adopt a change in this form that would
broaden the coverage of this form without extra
charge, the broader coverage will apply to this
policy. It will apply when the change becomes
effective in your state.
SECTION II
VOLUNTARY COMPENSATION AND EMPLOYERS'
LIABILITY COVERAGE
S. Voluntary Compensation Insurance
A. H w This Insurance Applies
This insurance applies to bodily injury by
accident or bodily injury by disease. Bodily
injury includes resulting death.
f. The bodily injury must be sustained by any
officer or employee not subject to the
J-1 lfyworevauviiperi5atfure aw oanState
shown in Item 3.A. of the Information
Page.
2. The bodily Injury must arise out of and in
the course of employment or incidental to
work in a state shown In Item 3.A, of the
Information Page.
3. The bodily injury must occur in the United
States of America, its territories or
possessions, or Canada, and may occur
elsewhere if the employee is a United
States or Canadian citizen, or otherwise
legal resident, and legally employed, in the
United States or Canada and temporarily
away from those places.
4. Bodily injury by accident must occur
during the policy period.
5. Bodily Injury by disease' must be caused
or aggravated by the conditions of the
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 16
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6
officer's or employee's employment. The
If the persons entitled to the benefits of this
officer's or employee's last day of last
insurance make a recovery from others, they
exposure to the conditions causing or
must reimburse us for the benefits we paid
aggravating such bodily injury by disease
them.
must occur during the policy period.
F. Employers' Liability Insurance
B. W Wilf Pay
Part Two (Employers' Liability Insurance)
Ws will pay an amount equal to the benefits
applies to bodily Injury covered by this
that would be required of you as If you and
endorsement as though the State of
your employees were subject to the workers'
Employment was shown in Item 3.A. of the
compensation law of any state shown in Item
Information Page.
OD
3.& of the information Page. We will pay
This provision 6. does not apply in New Jersey or
o
those amounts to the persons who would be
Wisconsin.
entitled to them under the law.
o
EMPLOYERS' LIABILITY STOP GAP COVERAGE
C. Exclusion
6. Employers' Liability Stop Gap Coverag
This insurance does not cover:
A. This coverage only applies in Montana, North
1. any obligation imposed by workers'
Dakota, Ohio, Washington, West Virginia and
%D
compensation or occupational disease law
Wyoming,
rn
or any similar law.
B. Part One (Workers' Compensation Insurance)
W
2. bodily Injury intentionally caused or
does not apply to work in states shown in
aggravated by you.
Paragraph A above.
N
CD
S. officers or employees who have elected
C. Part Two (Employers' Liability Insurance)
Ln
not to be subject to the state workers'
applies in the states, shown in Paragraph A.,
+
compensation law.
as though they were shown in Item 3.A. of the
on
4. partners or sole proprietors not covered
Information Page.
imam
under the Standard Sole Proprietors,
D. Part Two, Section C. Exclusions is changed
Imam �
Partners, Officers and Others Coverage
by adding these exclusions.
Endorsement.
This insurance does not cover;
slam1111111011111
D. Before We Pay
5. bodily injury Intentionally caused or
Before we a benefits to the arsons entitled
pay p
aggravated by you or in Ohio bodily injury
to them, they must:
resulting from an act which is determined
1. Release you and us, In writing, of all
by an Ohio court of law to have been
responsibility for the injury or death.
committed by you with the belief than an
2. Transfer to us their right to recover from
Injury is substantially certain to occur.
i
others who may be responsible for the
However, the cost of defending such
Injury or death.
claims or suits in Ohio is covered.
3. Cooperate with us and do everything
13. bodily injury sustained by any member of
01=
necessary to enable us to enforce the right
the flying crew of any aircraft.
to recover from others.
14. any claim for bodily injury with respect to
_
slam
If the persons entitled to the benefits of this
which you are deprived of any defense or
insurance fall to do those things, our duty to
defenses or are otherwise subject to
2111011
pay ends at once. if they claim damages from
penalty because of default In premium
am
you or from us for the injury or death, our duty
under the provisions of the workers'
to pay ends at once,
compensation law or laws of a state
�
E. Recovery From Others
shown in Paragraph A.
E. This Insurance applies to damages for which
1f we make a recovery from others, we will
you are liable under West Virginia Code Annot.
keep an amount equal to our expenses of
$23-4-2,
recovery and the benefits we paid. We will
pay the balance to the persons entitled to it.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6
EXTENDED OPTIONS
1. Empf yens' Liability Insurance 4.
Item 32. of the information Page is replaced by
the following:
B. Employers' Liability insurance:
1. Part Two of the policy applies to work in
each state listed in item 3.A.
2.
3.
The Limits of Liability under Part Two are
the higher of:
Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease $500,000 Policy Limit
Bodily Injury
by Disease $500,000„ Each Employee
OR
2. The amount shown in the Information
Page.
This provision 1 of EXTENDED OPTIONS does not
apply in New York because the Limits Of Our
Liability are unlimited.
In this provision the limits are changed from
$500,000 to $1,000,000 In California.
Unint ntional Failure to Disclose Hazards
If you unintentionally should fail to disclose all
existing hazards at the Inception date of your
policy, we shall not deny coverage under this
policy because of such failure.
Waiver of Our Right To Recover From Others
A. We have the right to recover our payments
from anyone liable for an injury covered by this
policy, We will not enforce our right against
any person or organization for whom you
perform work under a written contract that
requires you to obtain this agreement from us.
This agreement shall not operate directly or
indirectly to benefit anyone not named in the
agreement.
B. This provision 3. does not apply in the states
of Pennsylvania and Utah.
Foreign Voluntary Compensation and
Employers' Llability Reimbursement
A. How This Reimbursement Applies
This reimbursement provision applies to bodily
injury by accident or bodily injury by disease.
Bodily injury includes resulting death.
1, The bodily injury must be sustained by an
officer or employee.
2. The bodily injury must occur in the course
of employment necessary or incidental to
work in a country not listed In Exclusion
CA. of this provision.
3. Bodily injury by accident must occur
during the policy period.
4. Bodily injury by disease must be caused
or aggravated by the conditions of your
employment. The officer or employee's
fast exposure to those conditions of your
employment must occur during the policy
period.
B. We WIN Reimburse
We will reimburse you for all amounts paid by
you whether such amounts are:
1. voluntary payments for the benefits that
would be required of you If you and your
officers or employees were subject to any
workers' compensation law of the state of
hire of the individual employee.
2. sums to which Part Two (Employers'
Liability Insurance) would apply if the
Country of Employment were shown in
Item 3.A. of the information Page.
C. Exclusions
This Insurance does not cover:
1. any occurrences in the United States,
Canada, and any country or jurisdiction
which Is the subject of trade or economic
sanctions Imposed by the laws or
regulations of the United States of
America in effect as of the Inception date
of this policy.
2. any obligation Imposed by a workers'
compensation or occupational disease
law, or similar law.
3. bodily injury Intentionally caused or
aggravated by you.
Farm WC 99 03 03 B Printed In U.S.A. (Ed. 8/00) Page 4 of 6
4, liability for any consequence, whether
direct or Indirect, of war, invasion, act of
Foreign enemy, hostilities (whether war be
declared or not), civil war, rebellion,
revolution, Insurrection or military or
usurped power. No endorsement now or
subsequently attached to this policy shall
be construed as overriding or waiving this
limitation unless specific reference Is
made thereto.
of America necessarily Incurred as a direct
result of bodily injury.
Our reimbursement shall be limited as follows:
1. to the amount by which such expenses
exceed the normal cost of returning the
officer or employee if In good health, or
2, in the event of death, to the amount by
which such expenses exceed the normal
cost of returning the officer or employee If
alive and in good health.
In no event shall our reimbursement exceed
the bodily Injury by accident limit shown in
Item 3.13. of the information Page as respects
any one such officer or employee whether
dead or alive.
H. Endemic Disease
The word "disease" includes any endemic
diseases.
The coverage applies as if endemic diseases
were included in the provisions of the workers'
compensation law.
5. Longshore and Harbor Workers' Compensati n
Act Coverage
General Section C. Workers' Compensate n
Law is replaced by the following:
C. Workers' Compensation Law
Workers' Compensation Law means the
workers or workers' compensation law and
occupational disease law of each state or
territory named In Item 3.A. of the Information
Page and the Longshore and Harbor Workers'
Compensation Act (33 USC Sections 901-
950). It includes any amendments to those
laws that are in effect during the policy period.
It does not include any other federal workers
or workers' compensation law, other federal
occupational disease law or the provisions of
any law that provide nonoccupational disability
benefits.
Part Two (Employers' Liability Insurance), C.
Exclusions, exclusion 8, does not apply to
work subject to the Longshore and Harbor
Workers' Compensation Act.
This coverage does not apply to work subject
to the Defense Base Act, the Outer
Continental Shelf Lands Act, or the
Nonappropriated Fund Instrumentalities Act.
Foran WC 99 03 03 B Printed in U,S.A (Ed. 8/00) Peg 6 16
D. Before We Pay
wBefore
we reimburse you for the benefits to the
persons entitled to them, you must have them:
0
1. release you and us, in writing, of all
r,
responsibility for the Injury or death,
0
2. transfer to us their right to recover from
0
others who may be responsible for their
injury or death,
3. cooperate with us and do everything
necessary to enable us to enforce the right
Ln
N
to recover from others.
Ln
If the persons entitled to the benefits paid fail
rq
to do these things, our duty to reimburse ends
at once. If they claim damages from us for the
Injury or death, our duty to reimburse ends at
Now
once.
E. Recovery From Others
If we make a recovery from others, we will
Mass
keep an amount equal to our expenses of
recovery and the benefits we reimbursed. We
IMM
will pay the balance to the persons entitled to
it. If persons entitled to the benefits make a
recovery from others, they must repay us for
_
the amounts that we have reimbursed you.
F. R imbursement for Actual Loss Sustained
This endorsement provides only for
reimbursement for the loss you actually
sustain. In order for you to recover loss or
expenses under this reimbursement you must:
1. actually sustain and pay the loss or
expense in money after trial, or
11110—
2. secure our consent for the payment of the
loss or expense.
G. Repatriation
r
Our reimbursement Includes the additional
EM
expenses of repatriation to the United States
of America necessarily Incurred as a direct
result of bodily injury.
Our reimbursement shall be limited as follows:
1. to the amount by which such expenses
exceed the normal cost of returning the
officer or employee if In good health, or
2, in the event of death, to the amount by
which such expenses exceed the normal
cost of returning the officer or employee If
alive and in good health.
In no event shall our reimbursement exceed
the bodily Injury by accident limit shown in
Item 3.13. of the information Page as respects
any one such officer or employee whether
dead or alive.
H. Endemic Disease
The word "disease" includes any endemic
diseases.
The coverage applies as if endemic diseases
were included in the provisions of the workers'
compensation law.
5. Longshore and Harbor Workers' Compensati n
Act Coverage
General Section C. Workers' Compensate n
Law is replaced by the following:
C. Workers' Compensation Law
Workers' Compensation Law means the
workers or workers' compensation law and
occupational disease law of each state or
territory named In Item 3.A. of the Information
Page and the Longshore and Harbor Workers'
Compensation Act (33 USC Sections 901-
950). It includes any amendments to those
laws that are in effect during the policy period.
It does not include any other federal workers
or workers' compensation law, other federal
occupational disease law or the provisions of
any law that provide nonoccupational disability
benefits.
Part Two (Employers' Liability Insurance), C.
Exclusions, exclusion 8, does not apply to
work subject to the Longshore and Harbor
Workers' Compensation Act.
This coverage does not apply to work subject
to the Defense Base Act, the Outer
Continental Shelf Lands Act, or the
Nonappropriated Fund Instrumentalities Act.
Foran WC 99 03 03 B Printed in U,S.A (Ed. 8/00) Peg 6 16
SECTION III
1. SCHEDULE OF COVERED STATES
A. This endorsement only applies In the states
listed In this Schedule of Covered States.
C. Schedule of Covered States:
CA
B. If a state, shown In Item 3.A. of the Information
Page, approves this endorsement after the
effective date of this policy, this endorsement
will apply to this policy. The coverage will
apply In the new state on the effective date of
the state approval.
Countersigned by __.__._.___.__.._.___w.
Authorized Representative
IF m WC 99 03 03 B Printed in U.SA (Ed. 8/00) Page 6 of 6
COMMERCIAL AUTO
'THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ XTCAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fiedbytheendnrsement,
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any
injury, Uumuga or medical mxponnmo doendbad in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing in oQenem| cover-
age
ovepage dmnuhp{|on only. Limitations and exclusions may apply to \hoaw coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BLANKET ADDITIONAL INSURED M. AUDVO, VISUAL AND DATA ELECTRONIC
B. EMPLOYEE HIRED AUTO
C. EMPLOYEES AS INSURED
D. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
E. TRAILERS — INCREASED LOAD CAPACITY
F. HIRED AUTO PHYSICAL DAMAGE
G. PHYSICAL DAMAGE TRANSPORTATION
The following isadded to Paragraph A.t.Who Is
An Insured, of SECTION N—LIABILITY COV-
ERAGE:
Any person nrorganization who isrequired under
awritten contract oragreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" 000w,n and that is in effect
during the policy period, to be named anun addi-
tional insured is an "insured" for Liability Cover-
age, but only for damages to which this insurance
ovepeUn.bu(on|yfbrdmmagexhmwhiohthis|nmumnmm
applies and only tothe extent that person nror-
ganization qualifies as an "insured" under the
Who Is An Insured provision contained in Section
11,
B. EMPLOYEE HIRED AUTO
V. The following is added W Paragraph A.I.,
Who Is An Insured, of SECTION 0
ABILITY COVERAGE:
EQUIPMENT — INCREASED LIMIT
1. WAIVER OF DEDUCTIBLE — GLASS
J. PERSONAL EFFECTS
K. AIRBAGS
L. AUTO LOAN LEASE GAP
M. BLANKET WAIVER OF SUBROGATION
parfonming dudes related to the conduct of
your business.
2. The following replaces Paragraph b.inB.S..
Other Insurance, of SECTION n/— BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cmmp
mge, the following are deemed to be cov-
ered "autom''you own:
(1) Any covered "auto" you |mame. hire,
rent orborrow; and
(2) Any covered ''au\o"hired orrented by
you/ "employee" under a contract in
that individual "employee's" nmmw,
with you/ pemnission, while perform-
ing duties m|m\ed to the conduct of
your business.
However, any ''auto" that is leased, hined,
m/dmd or borrowed with w di1vmrim not a
covered "auto".
C. EMPLOYEES AS INSURED
An °mnpnyoe`ofyours isan "insured" while
mpermUn0 o covered "auto" hired nr rentedTheyoUov�ngisaddedhoPmmgmph��1..VWhokm
4n Insured, of SECTION /| LL�E�L1�Y���-
under m contract or agreement in that "mm- '
ployma'm^ namm, with your penniaaiom, while o �
CA T4280710 zn10The Travelers |nmmnmityCompany. Ali rights reserved Page 1n/3
Includes copyrighted material v/Insurance Services Office, Inc wfmoopermission
COMMERCIAL AUTO
Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
s-ingmoovnred"oukfyoudnn'tovn.hinmn/bormw
inyour business oryour personal affairs.
D. SUPPLEMENTARY PAYMENTS —INCREASED
LIMITS
I. The following replaces Paragraph A.2.a.(2)of
SECTION W~LIABILITY COVERAGE:
(2) Up to $3.000 for cost of ball bonds (in-
cluding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to Nmioh
these bonds,
2. The following replaces Paragraph A'2'a.(4)nf
SECTION 11—LIABILITY COVERAGE:
(4) All mmmonaNm expenses incurred by the
"insured" odour request, including mdoa|
loss of *ominAo up to $500 o day be-
cause oftime off from work.
E TRAILERS ~ INCREASED LOAD CAPACITY
The following replaces PoroQmpU C.I. of SEC-
TUONI—COVERGDAUTOS:
1. "Trailers" with a load capacity of 3.000
pounds or |eau designed primarily for travel
unpublic roads.
F. HIRED AUTO PHYSICAL DAMAGE
The following |sadded toParagraph A.4..Cover-
age Extensions, of SECTION |O— PHYSICAL
DAMAGE COVERAGE:
Hired Auto Physical Damage Coverage
If hired "autos" are covered "autos" for Liability
Coverage but not onvmn»d "autos" for Physical
Damage Coverage, and this policy also provides
Physical Damage Coverage for an owned "outn''.
then the Physical Damage Coverage imextended
to "autos" that you h|ro, rent orborrow subject to
the following:
(f) The most we wi8 pay for "loss" in any one
"accidmn\" to m hivad, rented or borrowed
"autu"isthe lesser of�
(a) $50.000:
(b) The actual cash value ofthe damaged u|
stolen property as of the time of the
"loss"; or
(c) 'rhe cost of repairing or e|Xmdm0 the
damaged or stolen property with other
property oflike kind and quality,
(2) An adjustment for depreciation and physical
uwnd)8mn will be made in determining actual
cash Value in the event of a total "loss",
(3) If repair or replacement results in better
than like kind orquality, wmwill not pay for the
amount wfbetterment.
[4) A deductible equal to the highest Physical
Damage deductible applicable \nany owned
covered "auto",
(6) This Coverage Extension does not apply to:
(s) Any "auto" that is h|nad. *anted or bor-
rowed with a driver; or
opnowedwdhad/iver;or
(b) Any "auto" that is himd, rented or bor-
rowed from your "employee"
npnowmdhnmynur"annp|nyee"
G. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES ~INCREASED LIMIT
The following replaces the first sentence in Para-
graph AA.e', Transportation Expenses, of
SECTION 0I — PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to o maximum of
$1.500 for temporary transportation expense in-
curred by you because of the total theft of cov-
ered "auto" of the private passenger type.
o*ured"moto"of\hephvodnpomowngartype.
H. AUDIO, VISUAL AND DATA ELECTRONIC
EQWUPMENT—IWCREA@ED LYD8|T
Paragraph C.2.. Limit Of Insurance, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE is
deleted.
L WAIVER OFDEDUCTIBUE—GLASS
The following imadded toParagraph O'. Deducti-
ble, of SECTION U| — PHYSICAL DAMAGE
No deductible fora covered "auto"will apply to
glass damage if the glass is repaired rather than
replaced.
J. PERSONAL EFFECTS
The following is added (nParagraph A.4.. Cover-
age
ovmpage Extensions, of SECTION UM -- PHYSICAL
DAMAGE COVERAGE:
Personal Effects Coverage
We will pay up to *400 for "loss" to wearing ap-
parel and other personal effects which are:
p+ponm|andu(horpersono|mffoctowh|uham:
(1) Owned byan"insured"; and
(2);noronYour covered "auio°
This coverage only mNdivo in the event of a total
theft ofyour covered °au\o"
No deductibles apply to Personal Effects cover-
age.
uvopage.
Page 2of3 (DzmmneTravef*rsIndemnity Company All rights reserved. CAT420 07 10
xwuue ecri/ommcxmaw,muof/nsuf^^cso=ry ices omvm |nowtlinapmmisu^m
K. AIRBAGS
The following isadded Vn Paragraph B.3.. Exclu-
sions, of SECTION O|—PNYS|CAL DAMAGE
COVERAGE:
Exclusion 3.a- duam not apply to "loss" to one or
more airbags in m covered "auto" you own that in-
flate due to a cause other than a cause o/ "|omy°
me{ forth in Paragraphs A.l.b. and A.I.c, but
only:
a. If that "auto" is u covered ''uuio^ for Compre-
hensive Coverage under this policy;
mmpm'hensiveCovonagounder\hispo|icy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1.000 for any
one "loss".
L. AUTO LOAN LEASE GAP
The following is added to Paragraph AA.. Cover-
age
mvepm0e Extensions, of SECTION U| — PHYSICAL
DAMAGE COVERAGE:
Auto Loan Lease Gap Coverage for Private
Passenger Type Vehicles
In the event cdototal ^|oss'tn o covered "autn" of
the private passenger type shown inthe Schedule
orDeclarations for which Physical Damage Cov-
erage is provided, we will pay any unpaid amount
ov`emQaiopmvidad.wewiUpayonyunpaidamounk
duo on the |eomo or loan for such covered "auto"
less the following:
(1) The amount paid under the Physical Damage
Coverage Section n/the policy for that "euho^;
and
COMMERCIAL AUTO
(2) Any:
(a) Overdue lease or loan payments at the
time nfthe lusa^'
.
(b) Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear orhigh mileage;
(c) Security deposits not returned bythe les-
sor;
(d) Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the |non or
|auso:and
(e) Carry-over balances from previous loans
or|ea:ao.
M. BLANKET WAIVER K3FSNBROGAT|ON
The following nop|aooe Paragraph A.6., Transfer
Of Rights Of Recovery Against Others To U*,
of SECTION I# — BUSINESS AUTO CONDI-
TIONS:
S. Transfer Of Rights Of Recovery Against
Others TmUs
VVnwaive any right o[recovery womay have
against any person ororganization tothe ew
tent required of you by written contract exe-
cuted prior to any "accident" or "|oss', pro-
vided that the "accident" or "loss" arises out of
no'vidodthattha"oonident"or"|nss"mhsmyoudof
the opomoUnno contemplated by such cnn-
tramt.The waiver applies only tothe person or
organization designated insuch contract.
CA T4 20 0710 Lc) umoThe Travelers |nmanmlYCompany, All nghmreserved, Page 3of3
lncludes Collyrighted material of Insurance Sewicps Office, Inc, with its, permissi(on.
00`sw
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE 08/05/2013
I NAME OF INSURED: CSG Consultants Inc.
Precision Inspection - CSG
Additio--mal Description of,0p tions/Rernarks fro Pa e 1:
Additional Information:
SUPP (05/04)
PROFESSIONAL SERVICES AGREEMENT/CONTRACT
COMPLETION CHECKLIST AND ROUTING SLIP
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attach this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services agreements/contracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
-------------
Description
Completion
1
c artment
City Attorney
Review, revise and comment on draft
at
Si
..........
. ..........._ _.
a_Rreement.
2
Contracting artment
Dcp....�....._...._--agreement
Forward final a reement to contractor for
LekrvWA -�
their signature. Obtain at least two signed
-.
originals from contractor.
_.. -- -- _._ .__.. _
................__.. -
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval
fl q
� �
necessary (as defined by City AttorneytCity"NN
Ordinance*).
4
Cit Attorne
Review and approve form of areement
bonds, and insurance certificates and
sem
endorents.
_ _.... _.. _ ... ..............
r,
1_..
_...
5
- ----. _ _ _.
City Manager / Mayor / or
_ ._._ .._. _.__ . _ ...... -
Agreement executed by CoLiiicil authorized
__
Department l -lead
......... ........................... _ ......_ -.
I official.
— —--------- ------ _ __ _
...
6
City Clerk
City Clerk attests signatures, retains original
N
agreement and forwards copies to the
contracting department.
�
To be completed by Contracting Department:
Project Manager: Rafli Boloyan, C ornrrtunity Develc�nient
Project Nate: Code l rif'orc�:rnent Contract Services. for Massa)Ordinance
f'rif"orcenlent/lin la�cmentation
Agendized for City C:ryotrncil Meeting of (if` necessary): 8/19/13
Ifyou have questions on this process, please contact the City Attorney's Office at 485-3080,
* ("otincil approval is regUired if contract is over S20,000 on a cumulative basis.
RESOLUTION NO. 13588
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL CODE ENFORCEMENT SERVICES WITH CSG
CONSULTANTS, INC, (CSG) TO PROVIDE PROFESSIONAL CODE
ENFORCEMENT STAFFING SERVICES TO FILL A VACANCY DURING; THE
RECRUITMENT PROCESS
(Term of Agreement: up to 1 year, with a total budget amount not to exceed
$70,000)
WHEREAS, the City of San Rafael has determined that interim code enforcement
services etre needed to provide support to the Code Enforcement Division of the Community
Development Department during recruitment for recently vacated Crede Enforcement Officer I
position within the Division; and
WHEREAS, at the City's request, CSG Consultant, Inc. (Consultant) has submitted a
Proposal Supplement -- On Call Code Egforeetnent Services, dated July 2.9, 2013,
including a list of anticipated activities/tasks and the hourly rate for performance of these
services, and said proposal is attached to the Agreement for Professional Services; and
WHEREAS, the costs associated with the Consultant's interim professional Code
Enforcement services would be paid for from the salary savings from vacant position within the
Code Enforcement Division.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael does hereby authorize the City Manager to execute, on behalf of the City, an Agreement
for Professional Code Enforcement Services with CSG Consultants, Inc. in the form attached
herewith.
1, F,sther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council ofthe
City of San Rafael, held on Monday, the 19th of August, 2013, by the following vote, to wit:
AYES: C'ouncihnembers: Colin, Connolly, Helier, McCullough & Nlayor Phillips
NO1S: Councilrnembers: None
ABS NI Councilrnembers: None
Esther C. Beirne, City Clerk
L:;xfaibit A A4oi-cement for Code L.nt arceanent Services for Professional Code L"nfoa-ccmmit StafLing
Services between City of San Rafael arad C'SG C'onsultarats, Inc. with attactled Proposal
Szrpplerr cw - Oil C"cr// Coda l;nfore�zrnerr! ..Sc rvie�es, dated Juh, 29, 2013.
PROFESSIONAL SERVICES AGREEMENT/CONTRACT
COMPLETION CHECKLIST AND ROUTING SLIP
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attach this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services agreements/contracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
.... . .. . ...
Description
Completion
De artment
Date
I
City Attorney
. . ........ - .... ..... . ....
Review, revise, and comment on draft
2
Contracting Department
Forward fina?agureement to contractor for
their signature. Obtain at least two signed
.... .... ...... .
ori mals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval
A
necessary (as defined by City Attorney/City
Ordinance*).
4
City Attorney
Review and approve form of agreement.:
. .. .........
bonds, and insurance certificates and
. . . . ...
endorsements.
1 5
City Manager 1 Mayor or
Agreement executed by Council authorized
PepartncntIlead
official.
al.
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
. .... . .... . ..... . .
. . .. ...... - --- --- -.- . .... ....
_contracting department.
------------- . ...... .. . ..... . . . ................. ....... .
. . . ......
To be completed by Contracting Department:
'-Ale
Pro ect Manager: Raffi Bolovan, Comi-nunity Deve1qInji I --l"
J Ment
---- e -
Project Name: Code Enfbi-cenient Contract Services for Code Enforcement Staffing f
Vaca!Lcy
Agendized for City Council Meeting of(if necessary): 8/1,9/13
-
If you have questions on this process, please contact the City Attorney's ffice at 485-3080.
* COLHICil approval is required ifcoiilract is o%,er$20,000 on A CLIML!IatiNe basis.
AGREEMENT FOR
PROFESSIONAL CODE ENFORCEMENT STAFFING SERVICES
This Agreement is made and entered into this 19'' day ofu xust, 20 i a by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants, Inc. (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, due to a vacancy in the Code Enforcement Division and given the current
workload of staff and the pace of code enforcement complaints, the CITY has determined that
professional code enforcement services are needed to supplement existing staffing during the
timeframe necessary to complete recruitments for a vacant position within the Code Enforcement
Division.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The Planning Manager is hereby designated the PROJECT MANAGER for
the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution
of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Robert Cushing is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR
designee shall be subject to the prior written approval of the PROJECT MANAGER.
2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as described in Exhibit
"A" attached hereto and incorporated herein as well as other duties as assigned by Project Manager
necessary to provide professional code enforcement services to the CITY.
It is expected that CONTRACTOR will provide one consistent code enforcement officer to
serve for the duration of the time needed for an average of] 5-20 hours a week. Work in excess of a
total of 20 hours a week shall require prior authorization of the Propect Manager;
Version 2-1 >-1 1
1
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
follows:
a) Provide work space for CONTRACTOR, b) provide general direction and support to
CONTRACTOR; c) provide legal assistance to develop administrative enforcement cases;
and d) provide Police Department escort or backup if needed and necessary.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as
specified in Exhibit "A", in a total amount not to exceed $140,000.
Payment will be made monthly upon receipt by PROJECT MANAGF"R of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall be for 1 year, commencing on September 1, 2013 and
ending on August 30, 2014. Upon mutual agreement of the parties, and subject to the approval of
the City Manager, the term of this Agreement may be extended for an additional period of 1 year, if
the total budget authorized by this agreement has not been exceeded and the City decides to
continue using contract services to fill the vacancy.
6. TI?RMF ATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified parity's allure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. X.Jpon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRAC"TOR's documents and.
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after termination,
7. OWNFIRSIIIP OF DOCI.JMFN'l'S.
2
The written documents and materials prepared by the CONTRACTOR in connection with
the performarice of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its argent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection
with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate
with CITY or its agent in any such audit or inspection.
9. ASSICINABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of
the other party, and any attempt to so assign this Agreement or any rights, duties or obligations
arising hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense
to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property
damage.
2. An automobile liability insurance policy, for owned, non -owned, and hired
vehicles, in the minimum amount of one million ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of one million $1,000,000) dollars to cover any claims arising out of the CONTRACTOR's
performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR in Subparagraph A above,
shall also meet the following requirements:
1. I-?xccpt for processional liability insurance, the insurance policies shall be
endorsed for contractual liability and personal injury.
2. Except for professional liability insurance, the insurance:: policies shall
provide in their text or shall be specifically endorsed to nazric the CITY, its officers, agents,
employees, and volunteers, as additionally named insureds under the policies, and to provide that
the insurance shall be primary with respect to any insurance or coverage maintained by CITY and
shall not call upon CITY's insurance or coverage for any contribution,
3
3. CONTRACTOR shall provide to City's Project Manager, (a) Certificates of
Insurance evidencing the insurance coverage required herein, and (b) text from the insurance
policies or the endorsements as specified in Subparagraph B(2).
4. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon ten (10) days written notice to City's Project Manager.
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. "The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
11. INDEMNIFICATION.
A. Except as provided in Subparagraph B., CONTRACTOR shall indemnify,
release, defend and hold harmless CITY, its officers, and employees, against any claim, demand,
suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or
resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of
their duties and obligations hinder this Agreement.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code `section 2782.8, CONTRACTOR shall, to the (idlest extent permitted by law,
indemnify, release, defend and hold harmless CITY, its officers, and employees, againstany
claim, demand, suit,. judgment, loss, liability or expense of any hind, including attorney's ties,
that arises out of, pertains to.. or relates to the negligence, recklessness, or willful rnisconduct of
CONTRACTOR in the performance o1` its duties and obligations under this Agreement.
4
1 2. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, tines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Raffi Boloyan, Project Manager
Community Development Department
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR: Robert Cushing, Code Enforcement Manager
(Project L)irector)
CSG Consultants, Inc
1700 South Arnphlett 111W. i"' Floor
San Mateo. CA 94402
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees
of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINS"f DI_?BTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, tees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulatimi. or of any subsequent breach or
violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fec, performance, or other consideration which may
become due or Cawing under this Agreement, shall not be deemed to be a waiver of any preceding
breach or violation by the other party of' any term, condition, covenant of this Agreement or any
applicable law, ordinance or regrilGation.
20, COSTS AND ATTORNEY'S
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
0 T
L I
3 � 1- 1 N 3 L', /1 OTIIFR TAXF S.
21. CITY BUSr11Nl',0
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification),
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ATTEST:
I'S'I'llf"R C. BEIRNE', City Clerk
APPROVI"D AS "l'O I,'(-)IZM:
ROB] City torney
CONTRACTOR
By:�
Name:__
Title:
t,'xhibit A: Proposal Supplement - On Call Code Fnibi-ceinerit Ser ices, R11)" 29, 2013
7
July 29, 2013
City of San Rafael
1400 Fifth Avenue
P.0 Box 151560
San Rafael, CA 94915-1560
Attn: Mr. Raffi Boloyan, Planning Manager
Re: Proposal Supplement — On -Call Code Enforcement Services
At the City's request and as a supplement to our services and fee schedule described in our July 19, 2013
proposal for massage ordinance enforcement, CSG proposes to provide an additional Code Enforcement
Officer for general code enforcement duties throughout the City of San Rafael, or in specific program or
geographic areas as assigned by the city, for up to five days per week for up to one year. CSG also agrees
to extend the contact for this additional officer on a year -by -year basis. The rate for this additional
officer will be $85 per hour. Upon approval, CSG will meet with City staff to review qualifications for
Code Enforcement Officers from our employee pool to ensure that the City is provided with a journey
level officer with the skills necessary to perform the work in San Rafael. This letter also serves to amend
an erroneous date on CSG's original proposal cover letter which indicates July 19, 2012 rather than July
19, 2013. Please accept our apologies for any confusion this may have caused.
CSG is pleased to provide this proposal for an additional staffing resource, and looks forward to
extending our code enforcement services to the City.
Sincerely,
Cyrus Kianpour, P.E., P.L.S.
President, CSG Consultants, Inc.
1/00 South Amphlett Bori[t ✓'ink 3` Floor San Mateo, CA 944f2
Phone 650-522 25007 fix 650 522 2599
Email- csgstaff@ ,geri tr.corn; Online at AON,N csgwe.9h ulte co6T't
A I'' CERTIFICATE OF LIABILITY INSURANCE
D08/05ATE IDO/Y/20133
08/05
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 0726293 1-415-546-9300
CONTACT
NAME: Don Tarantino
Arthur J. Gallagher & Co.
PHONE --
415-536-8617 �LAC,xol 415-536-8627
Insurance Brokers of California, Inc., License #0726293
(AIC,N;rW;
One Market Plaza, Spear Tower
E-MAIL i
don taxdntino@aJg.com
Jg.COm
Suite 200
_
San Francisco, CA 94105
_. ,,, INSURER (SiaFFORDINGCOVERAGE j NAICN --
-..... .... "...... .-.... ._. -.-.. _.._..-.
INSURER A: TRAVELERS PROP CAS CO OF AMER 125674
-
INSURED
INSURERS: TWIN CITY FIRS INS CO CO- 129459
CSG Consultants Inc.
Precision Inspection - CSG
INSURERC: ARCH INS CO 11150
1700 S. Amphlett Blvd 3rd Floor
INSURERD:
San Mateo, CA 94402.
INSURER E -----___--
INSURER F:
CnVFRAGFS CERTIFICATE NUMBER- 35088926 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIR "- "TYPE OF INSURANCE ADOL SUBR"".. -- POLICY NUMBER ---__-- POLICYEFF POLICPOLICY EXP LIMITS
LTR
A
GENERAL LIABILITY
X
680294MO850-TIL-12
12/04/1
12/04/13
EACH OCCURRENCE
$ 1,000,000
lL
COMMERCIAL. GENERAL LIABILITY
._DAMAGE TO RENTED ...
f REMISES jEa ocwrrunccrp
..." ___---
$ 1,000, 000
--- _
CLAIMS MADE X� OCCUR
MED EXP (Any one person)
$ 10, 000
PE RSONAL&ADV INJURY
$ 1.000,000
GENERALA06REGATE
$ 2,000,000....
GEN'L AGGREGATE L IMI I APPLIES PER
PRODUCTS - COMPfOP AGG
$ 2, 000, 000
-- POLICY _. 10R X LOG
$
A
AUTOMOBILE LIABILITY
X BA-46IM7612-12
12/04/1
12/ 4 1
COMBINED SINGLE LIMIT
LE 0
1, 000, 00 _- - --
a au;alynl) $ _
X---- ANY AUTO
I
BODILY INJURY (Per pnrsrxt) $
--- ALL OWNED,HEDULED
(
"-.. -.-..
BODILY INJURY (Per accident) $
AUTOS AUTOS
X -- X - NON OWNED
PROPERTY "DAMAGE "" $
... HIRED AUTOS ,. AUTOS
-_ -_--__
(Per s,Locduni) . —
A
X UMBRELLA HAS X OCCUR
CUP294M1060-12
12/04/1
12/04/13
EACHOCCURRENCE $ 5,000,000
EXCESS LIAR CLAIMS MADE]
--- ...."
""
�
AGGREGATE $ 5, 000, 000
DED RLIEN"HON —'--�'--r---}-----
Following Form_.. $
B
WORKERS COMPENSATION
i i X '57WEEP4360-01
12/04/1
12104/13
X1 ORYTLLIMITS OLTRH _
AND EMPLOYERS' LIABILITY
N�
----
1 TNEW1: CUTIVE LY"7
000-
EL EACH ACi;ILDENi' $ 1,000,000
1 OFFICERMEMBER EXCLUDED'?
NIA
.. .. ... ....
�NYSP�ut7RRiE.TC1IYJPAR
In
El DISEASE EA EMPLOYEE $ 1, 000, 000, .
C
scribe under
PofatLiabilory
D SCRIPTION OF OPE. RATIONS below
iit y _
-- .r--
j AEP 004731501
12/04/1
12/04/13
E.L. DISEASE POUCYUMIT $ 1,000,000 _
Limit: 3Mil/3Mi
Retention 50,000
1
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required)
All operations of the Named insured.
Certificate Holder, its agents, employees 6 volunteers are Additional insured per attached endorsement.
Community Development Department
City of San Rafael
5.400 5th Avenue
San Rafael, CA 94915-1560
ACORD 25 (2010/05)
Jabersan
35088926
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORLZED REPRESENTATIVE
USA�`F�GVn
- Oc 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
7 7_
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 680-294MOB50-TIL-12 ISSUE DATE: 10-25-12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):
PER SCHEDULE ON FILE WITH AGENT
ME
PROJECT/LOCATION OF COVERED OPERATIONS:
PROVISIONS
A. The following is added to WHO IS AN INSURED
(Section 11):
The person or organization shown in the Sched-
ule above is an additional insured on this Cover-
age Part, but only with respect to liability for "bod-
ily injury", "property damage" or "personal injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you, or
c. In connection with "your work" and included
within the "products -completed operations
hazard".
Such person or organization does not qualify as
an additional insured for "bodily injury", "properly
damage'" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply to the render-
ing of or failure to render any "professional
services".
e. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits Of insurance stated in the LIMITS OF
INSURANCE (Section 111) for this Coverage
Part
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if YOU specifically agree in a "contract or
agreement requiring insurance" that, for the addi-
tional insured shown in the Schedule, the insur-
ance provided to that additional insured under this
CG D3 82 09 07 ka2007 Pie rfaveiefsCampanjes Inc, Page 1 of 2
Includes the copyrighted material of 118Urance Services Office, Inc , with) its permission
COMMERCIAL GENERAL LIABILITY
Coverage Part must apply on a primary basis, or
a primary and non-contributory basis, this insur-
ance is primary to other insurance that is avail-
able to such additional insured which covers such
additional insured as a named insured, and we
will not share with the other insurance, provided
that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance" for such addi-
tional insured. But this insurance still is excess
over valid and collectible other insurance,
whether primary, excess, contingent or on any
other basis, that is available to the additional in-
sured when the additional insured is also an addi-
tional insured under any other insurance.
C. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
nrritiNs (section Ivy
We waive any rights of recovery we may have
against the additional insured shown in the
Schedule above because of payments we make
for "bodily injury", "property damage" or "personal
Page 2 of 2
injury" arising out of "your work" on or for the pro-
ject, or at the location, shown in the Schedule
above, performed by you, or on your behalf, un-
der a "contract or agreement requiring insurance"
with that additional insured. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with that additional insured entered into by
you before, and in effect when, the "bodily injury"
or "property damage" occurs, or the "personal in-
jury" offense is committed.
D. The following definition is added to DEFINITIONS
(Section V):
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include the person
or organization shown in the Schedule as an ad-
ditional insured on this Coverage Part, provided
that the "bodily injury" and "property damage" oc-
curs, and the "personal injury" is caused by an of-
fense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period
) 2007 the Iraveele is Compames, Inc. CG D3 82 09 07
Includes the copyrighted material of Insurance Services Office, Inc with �t.s permission
i
F—-
021,W2M)l
CUMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
OTHER INSURANCE - ADDITIONAL INSUREDS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISMS
COMMERCIAL GENERAL LIABILITY CONDITIONS
(Suctlon IV), Paragraph C (0ther insurance), Is
amended as follows;
1 The following Is added to Paragraph a. Primary
Insurance:
[lowevat, If you specifically agree In a written con-
tract or written agreement that the Insurance pro-
vided to an additional Insured under this
Coverage Pad must apply on a primary basis, or
a primary and non-contributory basis, this Insur-
ance 16 primary to other Insurance that Is avail-
able to such additional Insured which covers such
additional Insured as a named Insured, and we
will not share with that other Insurance, provided
that:
a. The "bodily injury" or "property damage" for
which coverage Is sought occurs; and
b. The "personal Injury" or "advertising Injury" for
which coverage Is sought arises out of an of-
fenso cornmItted
subsequent to the signing and execution ct that
contract or agroo(nont by you,
2. The first Oubpavagraph (2) of Paragraph b. Ex-
cess Insuranco regarding any other primary In-
sitranca available to you is delated.
3. 'I he tollowing Is added to Paragraph b. Excoes
Insurance, as an addIticnal subparagraph tinder
Subparagraph (1):
That Is available to the Insured when Ina Ineured
Is added as an additional Insured under any other
policy, Including any umbrella or excess policy,
CG DO 37 04 05 ght 2UT' 'I h''St Pa"A hie" !;il nu�)w' raso!'vc,+'d poje I ("J 4,
F!1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WORKERS' COMPENSATION BROAD FORM ENDORSEMENT
EXTENDED OPTIONS
P licy Numbar: 57 WE EP4360 Endorsement Number:
Effedhr Date: 12/04/12 Effective hour Is the same as stated on the Information Page of the policy.
Nam d Insured and Address: CSG CONSULTANTS INC
1700 S AMPHLETT BLVD 3RD FL
SAN MATEO, CA 94402
Section I of this endorsement expands coverage provided under WC 00 00 00,
Section II of this endorsement provides additional coverage usually only provided by endorsement.
Section III of this endorsement is a Schedule of Covered States.
You may use the index to locate these coverage features quickly:
SECTION I
PARTS ONE and TWO
01 We Will Also Pay
PART -THREE
02 How This Insurance Works
PART - SIX
03 Transfer of Your Rights and Duties
Olt Liberalization
SECTION 11
VOLUNTARY COMPENSATION INSURANCE
05 Voluntary Compensation Insurance
A. How This Insurance Applies
B. We Will Pay
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Employers' Liability Insurance
EMPLOYERS' LIABILITY STOP GAP
ENDORSEMENT
06 Employors' I._iabiiity Stop Gap
Coverage
A. Stop Gap Coverage Limited to
Montana„ North Dakota, Ohio,
Washington, West Virginia and
Wyoming
Form WC 99 03 03 8 Printed M U.S.A. (Ed. 8100)
Process Dat : 10/09/12
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
B. Part One Does Not Apply
C. Application of Coverage
D. Additional Exclusions
E. West Virginia
EXTENDED OPTIONS
01 Employers' Liability Insurance
02 Unintentional Failure to Disclose
Hazards
03 Waiver of Our Right to Recover from
Others
04 Foreign Voluntary Compensation
A. How T"nis Reimbursement Applies
B. We Will Reimburse
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Reimbursement For Actual Loss
Sustained
G. Repatriation
K Endemic Disease
05 Longshore and Harbor Workers`
Compensation Act Coverage
Endorsement
SECTION III
01 Schedule of Covered Stales
2000, The Hartford
Page i of 6
Policy Expiration Data: 12/04/13
3
3
3
3
4
4
4
4
4
4
4
5
5
5
SECTION I
PARTS ONE and TWO
1. WE WILL ALSO PAY
D. W Will Also Pay of Part Ona (WORKERS'
COMPENSATION INSURANCE); and
E. We Will Also Pay of Part Two (EMPLOYERS'
LIABILITY INSURANCE) Is replaced by the
following:
We Will Also Pay
We will also pay these costs, in addition to
other amounts payable under this Insurance,
as part of any claim, proceeding, or suit we
defend:
1. reasonable expenses incurred at our
request, INCLUDING loss of earnings;
2. premiums for bonds to release
attachments and for appeal bonds in bond
amounts up to the limit of our liability
under this Insurance;
3. litigation costs taxed against you;
4. Interest on a judgment as required by law
until we offer the amount due under this
law; and
5. expenses we incur.
PART THREE
2. How This Insurance Applies
Paragraph 4. of A. How This Insuranc Appli a
of Part 3 (Other States Insurance) Is replaced by
the following:
4. If you have work on the effective date of this
policy in any state not listed In Item 3.A. of the
Information Page, coverage will not be
afforded for that state unless we are notified
within sixty days.
PART SiX
3. Transfer Of Your Rights and Dulles
C. Transfer Of Your Rights and Duties of Part 6
(Conditions) is replaced by the following:
Your rights or duties under this policy may not
be transferred without our written consent..
If you die and we receive notice within sixty
days after your death, we will rover your legal
representative as insured.
4. Liberalization
If we adopt a change in this form that would
broaden the coverage of this form without extra
charge, the broader coverage will apply to this
policy. it will apply when the change becomes
effective in your state.
SECTION 11
VOLUNTARY COMPENSATION AND EMPLOYERS'
LIABILITY COVERAGE
S. Voluntary Compensation Insurartos
A. H w This Insurance Applies
This insurance applies to bodily injury by
accident or bodily Injury by disease. Bodily
injury includes resulting death.
t. The bodily Injury must be sustained by any
officer or employee not subject to the
workers' compensation law of any state
shown in Item 3.A. of the Information
Page.
2. The bodily injury must arise out of and in
the course of employment or incidental to
work in a state shown In Item 3.A. of the
Information Page.
Form WC 99 03 03 B Printed In U.S.A. (Ed. 8/00)
3. The bodily Injury must occur in the United
States of America, its territories or
possessions, or Canada, and may occur
elsewhere if the employee is a United
States or Canadian citizen, or otherwise
legal resident, and legally employed, In the
United States or Canada and temporarily
away from those places.
4. Bodily injury by accident must occur
during the policy period.
5. Bodily injury by disease' must be caused
or aggravated by the conditions of the
Page 2 16
officer's or employee's employment. The
officer's or employee's last day of last
exposure to the conditions causing or
aggravating such bodily Injury by disease
Form WC 99 03 03 8 Printed in U.S.A. (Ed. 8/00)
If the persons entified to the benefits of this
Insurance make a recovery from others, they
must reimburse us for the benefits we paid
them.
F. Employers' Liability Insurance
Part Two (Employers' Liability Insurance)
applies to bodily Injury covered by this
endorsement as though the State of
Employment was shown In Item 3.A. of the
Information Page.
This provision 5. does not apply In New Jersey or
Wisconsin.
EMPLOYERS' LIABILITY STOP GAP COVERAGE
6. Employers' Llability Stop Gap Coverag
A. This coverage only applies In Montana, North
Dakota, Ohio, Washington, West Virginia and
Wyoming.
B. Part One (Workers' Compensation Insurance)
does not apply to work in states shown in
Paragraph A above.
C. Part Two (Employers' Liability Insurance)
applies in the states, shown in Paragraph A.,
as though they were shown in Item 3.A. of the
Information Page.
D. Part Two, Section C. Exclusions is changed
by adding these exclusions.
This insurance does not cover,
5. bodily injury intentionally caused or
aggravated by you or In Ohio bodily injury
resulting from an act which is determined
by an Ohio court of law to have been
committed by you with the belief than an
Injury is substantially certain to occur.
However, the cost of defending such
claims or suits In Ohio Is covered.
13. bodily Injury sustained by any member of
the flying crew of any aircraft.
14. any claim for bodily injury with respect to
which you are deprived of any defense or
defenses or are otherwise subject to
penalty because of default In premium
under the provisions of the workers'
compensation law or laws of a state
shown in Paragraph A.
E. This insurance applies to damages for which
you are liable under West Virginia Code Annot.
S23-4-2.
Page 3 of 6
must occur during the policy period.
B. W WIN Pay
We will pay an amount equal to the benefits
that would be required of you as If you and
your employees were subject to the workers'
compensation law of any state shown In Item
3A, of the Information Page. We will pay
r-
those amounts to the persons who would be
,.,
entitled to them under the law.
C. Exclusion
o
This insurance does not cover:
0
1. any obligation Imposed by workers'
compensation or occupational disease law
or any similar taw.
2. bodily Injury Intentionally caused or
in
aggravated by you.
N
3. officers or employees who have elected
0
in
not to be suN'ect to the state workers'
+
compensation law.
4. partners or sole proprietors not covered
under the Siandard Sole Proprietors,
Partners, Officers and Others Coverage
Endorsement.
D. Before We Pay
EIN
Before we pay benefits to the persons entitled
to them, they must:
sairia
t. Release you and us, In writing, of all
am a,
responsibility for the Injury or death.
EM
2. Transfer to us their right to recover from
others who may be responsible for the
t.
Injury or death.
3. Cooperate with us and do everything
necessary to enable us to enforce the right
to recover from others.
It the persons entitled to the benefits of this
insurance fail to do those things, our duty to
pay ends at once. If they claim damages from
you or from us for the injury or death, our duty
M--
to pay ends at once.
tm
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we paid. We will
pay the balance to the persons entitled to It.
Form WC 99 03 03 8 Printed in U.S.A. (Ed. 8/00)
If the persons entified to the benefits of this
Insurance make a recovery from others, they
must reimburse us for the benefits we paid
them.
F. Employers' Liability Insurance
Part Two (Employers' Liability Insurance)
applies to bodily Injury covered by this
endorsement as though the State of
Employment was shown In Item 3.A. of the
Information Page.
This provision 5. does not apply In New Jersey or
Wisconsin.
EMPLOYERS' LIABILITY STOP GAP COVERAGE
6. Employers' Llability Stop Gap Coverag
A. This coverage only applies In Montana, North
Dakota, Ohio, Washington, West Virginia and
Wyoming.
B. Part One (Workers' Compensation Insurance)
does not apply to work in states shown in
Paragraph A above.
C. Part Two (Employers' Liability Insurance)
applies in the states, shown in Paragraph A.,
as though they were shown in Item 3.A. of the
Information Page.
D. Part Two, Section C. Exclusions is changed
by adding these exclusions.
This insurance does not cover,
5. bodily injury intentionally caused or
aggravated by you or In Ohio bodily injury
resulting from an act which is determined
by an Ohio court of law to have been
committed by you with the belief than an
Injury is substantially certain to occur.
However, the cost of defending such
claims or suits In Ohio Is covered.
13. bodily Injury sustained by any member of
the flying crew of any aircraft.
14. any claim for bodily injury with respect to
which you are deprived of any defense or
defenses or are otherwise subject to
penalty because of default In premium
under the provisions of the workers'
compensation law or laws of a state
shown in Paragraph A.
E. This insurance applies to damages for which
you are liable under West Virginia Code Annot.
S23-4-2.
Page 3 of 6
EXTENDED OPTIONS
1. Empf yers' Llabllity Insurance
Item 3.B. of the Information Page is replaced by
the following:
B. Employers' Liability Insurance:
t. Part Two of the policy applies to work in
each state listed in Item 3.A.
2.
3.
The Limits of Liability under Part Two are
the higher of:
Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease $600,000 Policy Limh
Bodily Injury
by Disease __$5000 Each Employee
OR
2. The amount shown In the Information
Page.
This provision t of EXTENDED OPTIONS does not
apply in New York because the Limits Of Our
Liability are unlimited.
In this provision the limits are changed from
$500,000 to $1,000,000 In California.
Unlnt ntlonaf Failure to Disclose Hazards
If you unintentionally should fail to disclose all
existing hazards at the inception date of your
policy, we shall not deny coverage under this
policy because of such failure.
Waiver of Our Right To Recover From Others
A. We have the right to recover our payments
from anyone liable for an Injury covered by this
policy. We will not enforce our right against
any person or organization for whom you
perform work under a written contract that
requires you to obtain this agreement from us.
"This agreement shall not operate directly or
indirectly to benefit anyone not named In the
agreement.
B. This provision 3. does not apply In the states
of Pennsylvania and Utah.
Form WC 99 03 03 B Printed In U.S.A. (Ed. Mo)
4. Foreign Voluntary Compensation and
Employars' Llabllity Refmbureement
A. Now This Reimbursement Applies
This reimbursement provision applies to bodily
injury by accident or bodily injury by disease.
Bodily Injury includes resulting death.
1. The bodily Injury must be sustained by an
officer or employee.
2. The bodily injury must occur in the course
of employment necessary or Incidental to
work In a country not listed In Exclusion
C.I. of this provision.
3. Bodily Injury by accident must occur
during the policy period.
4. Bodily Injury by disease must be caused
or aggravated by the conditions of your
employment. The officer or employee's
last exposure to those conditions of your
employment must occur during the policy
period.
B. We Will Reimburse
We will reimburse you for all amounts paid by
you whether such amountss are:
t. voluntary payments for the benefits that
would be required of you 6 you and your
officers or employees were subject to any
workers' compensation law of the state of
hire of the individual employee.
2. sums to which Part Two (Employers'
Liability Insurance) would apply If the
Country of Employment were shown in
Item 3.A. of the Information Page.
C. Exclusions
This Insurance does not cover:
t. any occurrences in the United States,
Canada, and any country or jurisdiction
which is the subject of trade or economic
sanctions Imposed by the laws or
regulations of the United States of
America In effect as of the Inception date
of this policy.
2. any obligation imposed by a workers'
compensation or occupational disease
law, or similar few.
3. bodily Injury intentionally caused or
aggravated by you..
Page 4 of 6
Form WC 99 03 03 B Printed in U.S..A (Ed. 8/00) Pag 6 f 6
4. liability for any consequence, whether
of America necessarily incurred as a direct
direct or Indirect, of war, Invasion, act of
result of bodily Injury.
Foreign enemy, hostilities (whether war be
Our reimbursement shall be limited as follows:
declared or not), civil war, rebellion,
revolution, insurrection or military or
1. to the amount which such expenses
usurped power. No endorsement now or
exceed the normal cost of returning the
'health,
subsequently attached to this policy shall
officer or employee If In good or
be construed as overriding or waiving this
2. In the event of death, to the amount by
11mitation unless specific reference Is
which such expenses exceed the normal
made thereto.
cost of returning the officer or employee If
D. Before We Pay
alive and In good health.
r
Before we reimburse you for the benefits to the
In no event shall our reimbursement exceed
persons entified to them, you must have them:
the bodily Injury by accident limit Shawn In
o
hem 3.B. of the Information Page as respects
1. release you and us, in writing, of all
any one such officer or employee whether
responsibility for the Injury or death,
dead or alive.
2. transfer to us their right to recover from
H. Endemic Disease
0
others who may Eye responsible for their
Injury or death,
The word "disease" Includes any endemic
diseases.
r
3. cooperate with us and do everything
necessary to enable us to enforce the fight
The coverage applies as If endemic diseases
Ln
to recover from others.
Included in the provisions of the workers'
compensation law.
Ln
If the parsons entitled to the benefits paid fail
#
to do these things, our duty to reimburse ends
S. Longshore and Harbor WorkeW Compensati n
at once. If they claim damages from us for ft
Act Coverage
Injury or death, our duty to reimburse ends at
General Section C. Workers' Comparradi n
once.
Law Is replaced by the following:
E. Recovery From Others
C. Worims' Compensation Law
0001
Ram
If we make a recovery from others, we will
Workers' Compensation Law means the
MOR
keep an amount equal to our expenses of
workers or workers' compensation law and
®
recovery and the benefits we reimbursed. We
occupational disease law of each state or
will pay the balance to the persons entBded to
territory named In Item 3.A. of the Information
�
ft. If persons entitled to the benefits make a
Page and the Longshore and Harbor Workers°
recovery from others, they must repay us for
Compensation Act (33 USC Sections 901-
am
the amounts that we have reimbursed you.
950). ft Includes any amendments to those
as
F. R imbursoment for Actual Loss Sustained
laws that are in effect during the policy period.
hiffa-
'
This endorsement provides only for
It does not include any other federal workers
reimbursement for the ions you actually
or workers' compensation law, other federal
ream
sustain. In order for you to recover loss or
occupational disease law or the provisions of
.�
expenses under this reimbursement you must:
,any law that provide nonocxupationaf disability
_
benefits.
1. actually sustain and pay the loss or
Part Two (Employers` Liability insurance), C.
.'
expense In money akar trial, or
Exclusions, exclusion 8, does not apply to
2. secure our consent for the payment of the
work subject to the Longshore and Harbor
loss or expense.
Workers' Compensation Act.
G. Repatriation
This coverage does not apply to work subject
Our reimbursement Includes the additional
to the Defense Bass Act, the Outer
expenses of repatriation to the United States
Continental Shelf Lands Act, or the
Nonapprophated Fund Instrumentalities Act.
MM
MMM
Form WC 99 03 03 B Printed in U.S..A (Ed. 8/00) Pag 6 f 6
SECTION III
1. SCHEDULE OF COVERED STATES
A. This endorsement only applies In the states
listed In this Schedule of Covered States.
C. Schedule of Covered States:
CA
F nm WC 99 03 03 8 Printed In U.S.A. (Ed. 8100)
B. If a state, shown In Item 3.A. of the Information
Page, approves this endorsement after the
effective date of this policy, this endorsement
will apply to this policy. The coverage will
apply In the new state on the effective date of
the state approval.
Authorized Representative
Page 6 of 6
0
m
m—
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL? IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any
Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages_ Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC
B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT
C. EMPLOYEES AS INSURED
D. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
E. TRAILERS — INCREASED LOAD CAPACITY
F. HIRED AUTO PHYSICAL DAMAGE
G. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES -- INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION 11 — LIABILITY COV-
ERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "Insured" for Liability Cover-
age, but only for damages to which this insurance
applies and only to the extent that person or or-
ganization qualifies as art "insured" under the
Who Is An Insured provision contained in Section
II,
B, EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION It — LI-
ABILITY COVERAGE:
1. WAIVER OF DEDUCTIBLE — GLASS
J. PERSONAL EFFECTS
K. AIRBAGS
L. AUTO LOAN LEASE GAP
M. BLANKET WAIVER OF SUBROGATION
performing duties related to the conduct of
your business.
2. The following replaces Paragraph b. in B.S.,
Other Insurance, of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
that individual "employee"s" name,
with your permission, while perform-
ing duties related to the conduct of
your business.
However, any "auto" that Is leased, hired,
rented or borrowed with a driver is not a
covered "auto'".
C. EMPLOYEES AS INSURED
An ''employee" of yours Is an "insured" while
operating a covered "auto" hired or rented The following Is added to Paragraph A.1., Who Is
under a contract or agieernent in that ""ern- An Insured, of SECTION !I —LIABILITY COV-
ployee"s" name, with your pennission, while ERAGE:
CA T4 20 07 '10 v� 2010 The Travelers tlnd+ r m(liy Cmpany All lights reserved Page 'I of 3
Includes copyrighted material of Insurance Services Office, Inc with its perrnissinn
COMMERCIAL AUTO
Any "employee" of yours is an "insured".while us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
D. SUPPLEMENTARY PAYMENTS -- INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2) of
SECTION II — LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A.2.a.(4) of
SECTION 11— LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
toss of earnings up to $500 a day be-
cause of time off from work.
E. TRAILERS — INCREASED LOAD CAPACITY
The following replaces Paragraph C.I. of SEC-
TION I — COVERED AUTOS:
1. "Trailers" with a load capacity of 3,000
pounds or less designed primarily for travel
on public roads.
F. HIRED AUTO PHYSICAL DAMAGE
The following Is added to Paragraph AA., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
Hired Auto Physical Damage Coverage
If hired "autos" are covered "autos" for Liability
Coverage but not covered "autos" for Physical
Damage Coverage, and this policy also provides
Physical Damage Coverage for an owned "auto",
then the Physical Damage Coverage is extended
to "autos" that you hire, rent or borrow subject to
the following:
(1) The most we will pay for 'loss" in any one
"accident" to a hired, rented or borrowed
"auto" is the lesser of:
(a) $50,000;
(b) The actual cash value of the damaged of
stolen propady as of the firne of the
"loss"; or'
(c) f he cost of repairing or replacing the
darnaged or stolen properly with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
amount of betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
covered "auto".
(5) This Coverage Extension does not apply to:
(a) Any "auto" that is hired, rented or bor-
rowed with a driver; or
(b) Any "auto" that is hired, rented or bor-
rowed from your "employee".
G. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES -- INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III -- PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
H. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT — INCREASED LIMIT
Paragraph C.2.. Limit Of Insurance, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE is
deleted.
1. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" will apply to
glass darnage if the glass is repaired rather than
replaced.
J4 PERSONAL EFFECTS
The following is added to Paragraph AA., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE;
Personal Effects Coverage
We will pay up to $400 for "loss" to wearing ap-
parel and other personal effects which are:
(1) Owned by an 111Stlred"; and
(2) In or on your covered "auto".
This coverage only applies in the event of a total
theft of your covered "auto".
No deductibles apply to Personal Effects cover-
age.
Page 2 of 3 (9 2010 The Travelers Indernnity Company All r[ghts reserved CA T4 20 07 10
Includes copyrighted iiatenad of Insurance Services Office, Inc with its permission.
K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to 'loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of 'loss"
set forth in Paragraphs A.9.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one 'loss".
L. AUTO LOAN LEASE GAP
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III -- PHYSICAL
DAMAGE COVERAGE:
Auto Loan Lease Gap Coverage for Private
Passenger Type Vehicles
In the event of a total loss" to a covered "auto" of
the private passenger type shown in the Schedule
or Declarations for which Physical Damage Cov-
erage is provided, we will pay any unpaid amount
due on the lease or loan for such covered "auto"
less the following:
(1) The amount paid under the Physical Damage
Coverage Section of the policy for that "auto";
and
CA T4 20 07 10
COMMERCIAL AUTO
(2) Any:
(a) Overdue lease or loan payments at the
time of the 'loss";
(b) Financial penalties Imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
(c) Security deposits not returned by the les-
sor;
(d) Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
(e) Carry-over balances from previous loans
or leases.
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
S. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract exe-
cuted prior to any "accident" or 'loss", pro-
videa that the "accident" or "loss" arises out of
the operations contemplated by such con-
tract. The waiver applies only to the person or
organization designated in such contract.
7 2010 The Trave(ers Indemnily Company. AN rights reserved. Page 3 of 3
Vncludes r:opyrtghled material of Insurance 5ervwces Office, Inc w4h 8s pernirssfon
0
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE 08/05/2013
I NAME OF INSURED: csG consultants Inc.
Precision Inspection - CSG
Additional —Dq-s0P-tign of Operations/Remarks Lro-rn.—Rgqg—l:
LA
Additional Information: