HomeMy WebLinkAboutCM Hire Climate Corps 2013Agenda
Agenda Item No: 3. c
g I
Meeting Date: September 16, 2013
Prepared by: Cory Bytof, Sustainability and City Manager Approval
Volunteer Program Coordinator
SUBJECT: A RESOLUTION APPROVING A CONTRACT WITH STRATEGIC
ENERGY INNOVATIONS TO EMPLOY TWO CLIMATE CORPS BAY AREA
INTERNS FOR SUSTAINABILITY PROGRAMS
BACKGROUND: Strategic Energy Innovations ("SEI") has successfully placed interns with
college degrees in sustainability -related fields with local governments throughout the Bay Area
since 2010. These interns are part of the Climate Corps Bay Areaprogram, which
endeavors to assist local governments with greenhouse gas emissions reduction strategies. City
staff has idened funding from our annual Marin County Household Hazardous and Solid
Waste Joint Powers Authority ("Marin County HHW JPA") grant with additional resources from
our resource and refuse hauler, Marin Sanitary Services!, to pay for two interns from this
program, and recommends that the City Council approve a one-year agreement with SEI for
purpose.
This would be the second year San Rafael has participated in this program. Interns would
conduct outreach for our Resilient Neighborhoods residential sustainability program and zero
I I"
waste programs such as the commercial recycling ancWaste to Energy programs, both of
which are identified as priority programs in our Climate Change Action Plan
The interns will be employees of SE1. The City will be the host agency, and will direct the
activities of the interns. The interns will work directiv with our service providers in doing
speci ic outreach tasks that correspond to the CCBA Scope of Service. These activities include
preparing outreach materials, presenting to clubs, businesses,, organizations and residents,,
recruiting and training volunteers, tracking GHG emissions data, preparing reports, and helping
develop and revise program materials among other things. The interns" term of service is 10
months during the period between October 1, 2013 and September 30, 2014.
File No.:
Council Meeting.
Disposition,
/Na
111 WMA11
ANALYSIS: San Rafael's Climate Change Action Plan, adopted by the City Council in April
2009 incorporates programs to achieve reductions in community greenhouse gas emissions,
including Program LF I I adopting a Zero Waste Goal and Strategic Plan, Program LF 13
encouraging the creation of programs to convert organic waste to energy,, and Program CO2 to
work with community organizations to promote sustainability efforts to residents and businesses.
This internship program will directly benefit these CCAP programs as well as our Greenhouse
Gas Reduction Strategy. It provides an opportunity to support our community partners m Zero
Waste activities and the states mandatory commercial recycling law, while providing the City
with valuable GHG emissions reduction data. The City Attorney's office has reviewed the
proposed agreement and has determined it to be in alignment with City policies and procedures.
FISCAL IMPACT: The cost to the City is $19,500 per intern plus a $500 travel stipend per
000. Grant funds and reimbursements from Marin Sanitary Service
intern for a total of $401,
ide all of the funds for the intern stipends. $30,000 will be paid for from our Marin County
HHW JPA grant funds, and the remaining $ 10,000 will be reimbursed by Marin Sanitary
OPTIONS: Approve the Resolution
Re*ect the Resolution
13
ATTACHMENTS.-
-'---'--
Attachment A.- Resolution with Exhibit A attached
Attachment B: Agreement for Climate Change Bay Area Internship Program
A RESOLUTION APPROVING A CONTRACT WITH STRATEGIC ENERGY
INNOVATIONS TO EMPLOY TWO CLIMATE CORPS BAY AREA INTERNS
FOR SUSTAINABILITY PROGRAMS
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.WHEREAS, intern stipends of $19,500 plus $500 travel expenses per intern
will be paid through the Marin County HHW JPA Grant Program and
reimbursement by Marin Sanitary Service;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
approves the contract with Bay Area Community Resources in the amount of
$40,000 to engage two CCBA interns in our Sustainability Programs, and
authorizes the City Manager to execute the contract and any documents related
to the CCBA internship program in a form approved by the City Attorney.
1, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council held on Monday, September 16, 2013, by the
following vote, to wit:
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Esther Beirne, City Clerl
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This Agreement 'is made and entered into this AW day of Ot:��o.A C: I 2013i
by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Strategic Energy
Innovations, a California nonprofit corporation (hereinafter "CONTRACTOR"
IN-KNUMM
WHEREAS,, the City of San Rafael's General Plan Program SU- I Ob calls for
implementation of a Resilient Neighborhoods program to encourage household and lifestyle
changes to reduce carbon emissions through effective education and peer group support; and
WHEREAS,, the CITY is the recipient of a grant from the Man*n County Hazardous and
Solid Waste JPA for implementation of the Resilient Neighborhoods Program and the Food Waste
to Energy program; and
WHEREASCONTRACTOR collaborates with public and nonprofit organizations in
the San Francisco Bay Area to recruit, train, and place Climate Corps Bay Area Fellows at public
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and nonprofit organizations, where they will assist in implementing greenhouse gas reduction
WHEREAS, the CITY desires to employ the services of two intems to solicit participation
in and track progress of the Resilient Neighborhoods Provram and Food Wasteto Enery P
grogram
and CONTRACTOR has a proven track record of providing valuable interns for similar work to
other cities in the Bay Area for several years;
I . PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. The CITY's Sustainability Coordinator is hereby designated the PROJECT
MANAGER for the CITY., and said PROJECT MANAGER shall supervise all aspects of the
progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Kif Scheuer is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall
notify the CITY within thirty (30) business days of the substitution.
Version 2-15-11
I
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties as outlined in Exhibit A, Scope of Work
Proposal, attached hereto and incorporated herein by reference.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
outlined in Exhibit A, Scope of Work Proposal, attached hereto and incorporated herein by
reference.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR a total amount not to exceed $40,000, which consists of $19,500 per intem
program match and $500 travel stipend per intern.
Payment will be made upon receipt by PROJECT MANAGER of invoices submitted by
CONTRACTOR twice per year, on or about November 1, 2013 and March 1, 2014.
5. TERM OF AGREEMENT.
The to of this Agreement shall be for one year commencing October 1, 2013 and ending
on September 30, 2014.
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. If this Agreement
6
is terminated prior to May 1, 2014, CONTRACTOR shall reimburse CITY's match funds
remaining unused at the date of termination.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to
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cure or correct the cause of the termination, to the reasonable satisfaction of the party giving suct.
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notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of tennination,, neitner 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
I
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 Joint property of CITY and
CONTRACTOR. 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 Areement. CONTRACTOR shaa
ll fully cooper
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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
performance of any of their respective obligations hereunder, without the prior written consent o
the other party,, and any attempt to so assign this Agreement or any rights, duties or obligation
arising hereunder shall be void and of no effect. I
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 (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million ($ 1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed 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 by section 10. A., shall
also meet the following requirements'.
I . The insurance shall be primary with respect to any insurance or coverage
I
maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution.
2. Except for -professional liability insurance,, the insurance policies shall be
endorsed for contractual liability and personal 'Injury.
3. Except for professional liability insurance, the insurance policies shall be
specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as
additionally named insureds under the policies.
4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates o
Insurance evidencinthe insurance coverage •required herein, and (b) specific endorsements na
g min
CITY iits officers, I
agents, employees, and volunteersas additional named insureds under th
policies.
5. The insurance policies shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify- the terms and conditions of said insurance policies except
upon ten (10) days written notice to City's Risk Manager.
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
7. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
8. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws
and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability
for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies
must be declared to and. approved by the City's Risk Manager and the City Attorney. At CITY's
option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration,, attorney's fees and defense expenses.
11. 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.
12. COMPLIANCE WITH ALL LAWS.
I
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 andregulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officersl 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.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intendby any provision of this Agreementto create
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreementto the other party.
IE�MGJN
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: Cory Bytof
Project Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CONTRACTOR.- Kif Scheuer
Project Director
Strategic Energy Innovations
899 Northgate Drive, Suite 410
San Rafael, CA 94903
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.
I
A. The terms and conditions of this A reement., all exhibits attached and all documents
9 i
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 relatinv, 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
term s and conditions of the attached exhibits or the documents expressly incorporated by reference,
the ternis 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.
BUMP
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, conon', 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, conon, covenant of this Agreement or any
applicable law, ordinance or regulation.
The prevailing party in any action brought to enforce the ten -ns 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.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
I
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.
4 em;, 705=2
NANCY MA(-,'KLE i� City Manager
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
A
ROBERT F. EPSTEINXity A' n- ey
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By-._ae
Name:—U,00'fL eft &-I opt V-1 #001 40.i�
Title .- IL it e 4.. ( - V%_C"' Z) 1' t
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Scope of Work Proposal for
Strategic Energy Innovations and City of San Rafael
October 1, 2013 — September 30, 2014
SEI is collaborating with public, non-profit, and for-profit organizations in the San Francisco
Bay Area to recruit trainand place Fellows with Host Agencies where they will be provided
with experiential learning opportunities as they assist in implementing climate change resiliency
programs. The Fellows' term of service is from October 1, 2013 to September 30, 2014. While
participating in Climate Corps Bay Area, Fellows will complete 1700 hours. During their term of
service,, Fellows will, implement programs that provide significant professional development
experience through the implementation of climate resiliency projects. Fellows will devote
approximately 80% of their time to experiential learning activities, and up to 20% of their time to
s• *f I I
peci ic training (both with their Host Agency and with CCBA staff). If a Fellow is unable to
complete their full 1700 hours by July 3 1 st due to any unforeseen c ircumstances during their
term they may, at the discretion of SEI and the agency, be allowed time to complete their hours
at the agency,, or at another approved agency where there are service opportunities available.
The mission of Climate Corps Bay Area is to deliver a I 0 -month Fellowship program that
provides professional development opportunities for emerging climate protection leaders through
implementation of climate change resiliency projects with local governments, non -profits and
for-profit businesses. CCB. Fellows,
•Receive unparalleled experiential learning opportunities through placements with
regional climate protection leaders.
See first hand how to address climate change by implementing assessment, education,,
and mitigation projects that have measurable benefits.
Build critical real-world project management skills as they measure, track, and report
outcomes to community partners.
6
Fellows participate in a comprehensive training program that gives an overview of climate
change issues, strategies for tackling climate change and approaches to building community
resiliency in Califomia.
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The Parties will work in partnership to promote the mission, and its benefits to the Project and
community at large.
Though Climate Corps Bay Area, SEI agrees to. -
Recruit and assist in selection of a CCB A Fellow for a commitment of 1700 hours over a
period of 10 months,
Train and support Fellow with a comprehensive training program that includes a training
manual, a multi -day orientation led by an array of experts, monthly trainings, a mid -year
2 -day retreatand two Professional Development Assessment reviews.
*,--o
Work with the Host Agency to develop a specit ic Fellowship Scope for specific Host
Agency initiatives that aligns with CCBA goals and defines the Training Plan for the
Fellow.
Provide assistance in defining and developing metrics for the Fellow to measure and
track the progress of project activities throughout their Fellowship.
Provide monthly follow-ups to review progress with Site Supervisor and Fellows.
Define and implement any corrections to Fellow" s plan determined to be necessary based
on feedback collected from Fellow and Host Agency.
Host Agency agrees to:
• Take part in the recruitment and interview process to identify a Fellow best fitted for the
speicific projects' needs.
• Provide one to three specific climate resiliency initiatives that their Fellow can work on
during their term of service.
• Initiatives must be well-defined, approved for implementation and include
specific learning objectives.
• Host Agency will work with SEI to finalize a mutually agreed-upon Fellowship
Scope no later than I month after the Fellow arrives on site.
• Assign a Site Supervisor who will be available to meet at least weekly with the Fellow
for one-on-one project meeting time, coordinate other neccesary staff supervision needed
for successful implementation of the Fellowship Scope, gather and report on in-kind
supervisory hours (at least 15/month) across all relevant staff within the organization with
Fellow.
• Support Fellow to complete monthly reporting to SEI indicating whether progress is
being made on the initiatives.
• Provide feedback on Program and Fellow effectiveness
* two times a year, fill out and submit a Professional Development Assessment to
provide feedback on Fellow activities
* Participate in program wide -conference calls to discuss program progress
* Respond to Host Agency feedback surveys as requested
• Attend or send a representative to Partner Orientation.
• Only hire Fellow to work part-time in program or service area unrelated to SEI
community service programs-, Agency may not hire the Fellow for like projects until and
unless Fellow completes his/her entire program year of service.
• Refrain from using the Fellow for displacement of a host agency employee.
•Allow SEI to share results from this program through grant reporting and other means as
SEI deems appropriate.
Provide program -wide support through either
* Delivery of at least I all -day training event tor all Fellows or
* Participation in an advisory committee quarterly for 2 hours.
CERTIFICATE OF LIABILITY INSURANCE
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
• •• _ CERTIFICATE HOLDER.
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COVERAGES CERTIFICATE NUMBER:CL1361107993 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDI_ UBR POLICY EFF POLICY EXP
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PERSONAL & ADV INJURY
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AUTOS AUTOS
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DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required}
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CERTIFICATE HOLDER CANCELLATION
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COMMERCIAL GENERAL LIABILITY COVERAGE PART]'
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1. The following is added to Paragraph a. Primary
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vided to an additional insured under this
Coverage Part must apply on a primary basis, or
a primary and non-contributory basis, this insur-
ance is primary to other insurance that is avail-
able to such additional insured which covers such
additional insured as a named insured, and we
will not share with that other insurance, provided
that:
a. The "bodily injury" or "property damage" for
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b. The "personal injury" or "advertising injury" for
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subsequent to the signing and execution of that
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2. The first Subparagraph (2) of Paragraph b. Ex-
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surance available to you is deleted.
3. The following is added to Paragraph b. Excess
Insurance, as an additional subparagraph under
Subparagraph (1):
That is available to the insured when the insured
is added as an additional insured under any other
policy, including any umbrella or excess policy.
CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page I of 1
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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 aareements/contracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
Description
Completion
Department
Date
I
City Attorney
Review revise., and comment on draft
agreement.
2
Contracting Department
Forward final agree ent to ccs tractor for Al
their signature. Obtain at least two signed
originals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval
necessary (as defined by City Attorney/City*
Ordinance*).
4
City Attorney
Review and approve form of agreement,
bonds, and insurance certificates and
endorsements.
5
City Manager Mayor or
Agreement executed by ouncil authorized
Department Head
official.
6
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
contracting department.
To be completed by Contracting Department:
Project Manager.- CoLy tof Project Name,., CCBA Aueement
Agendized for City Council Meeting of (I*f necessary): September 16,201.j
If you have questions on this process, please contact the City Attorney's Office at 485-3080.
* Council approval is required if contract is over $20,000 on a cumulative basis.
USE THIS FORM WITH EACH SUBMITTAL OF A ' CONTRACT, AGREEMENT,
s OREESOLUTION
BEFORE
. ♦ .., BY COUNCIL /
AGENCY.
i i !
City Manager
August 30, 2013
ll�ljqt irllia��
rj;
0-11" .r ent
Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL 1 AGENCY
AGENDA ITEM:
REMARKS-
APPROVED AS TO FORM:
t
u,
City Attorney (signature)