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Home My WebLink AboutCM Climate Corps; Strategic Energy AmendmentDepartment: City Manager Agenda Agenda Item No: 3. c gel Meeting Date: December 16, 2013 p, �r'111111 ...V♦iq��Iiliil[ 1 0 1 0 a kh Prepared by: Cory Bytof, Sustainability and City Manager Approva Volunteer Program Coordinator I 10 W -X" ZWA 01810 1 NO MW I 1 1631 1 lk"Amill I X" E-0 NO 31 'k,"Usym 10UP-ly-wily I UK RECOMMENDATION: Staff recommends the City Council approve the Resolution 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 Area (CCBA) program, which endeavors to assist local governments with greenhouse gas emissions reduction strategies. City staff has identified funding from our annual Marin County Household Hazardous and Solid Waste Joint Powers Authority (JPA) grant with additional resources from our resource and refuse hauler, Marin Sanitary Services,, to pay for two interns from this program. This is the second year San Rafael has participated. Interns would conduct outreach for our Resilient Neighborhoods residential sustainability program and zero waste programs such as the commercial recycling and Food Waste to Energy programs, both of which are identified as priority programs in our Climate Change Action Plan {CLAP). The interns are employees of SEI. The City is the host agency, and will direct the activities of the interns. The interns will work directly with our service providers in doing specific 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 term of service is 10 months from October 2013 through September 2014. ANALYSIS: On September 16, 2013, City Council approved 4 resolution authorizing the City Manager to enter into a contract with SEI to provide these interns. The contract stipulated an amount not to exceed $40,000, which included two $500 travel stipends, one for each intem. However,, the actual amounts advertised to interns commuting in from out of county was $750, Council Meeting. - Disposition: A RESOLUTION a RAFAEL CITY COUNCIL APPROVING 1 AMENDMENT CLIMATE CHANGE i a AREA a RP PROGRAM AGREEMENT STRATEGIC WHEREAS, on e ! ! 2013, the City Council of the City of r Rafael approved r authorized . r •. to execute that certain r Climate . gr Br Area Internship Program"between City and Strategic Innovations ; WHEREAS, the City ofSan Rafael granti from r County Household .. ii and Solid WastePowers Authority i itthe compensation p *ded to two interns working for the City pursuant to the Agreement- and rovi WHEREAS, Council` toincrease the amount of the travel stipend payable i the interns under the terms of the Agreement i $500 to i► per accommodate tri out of i NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and authorizes the City Manager to execute an amendment to the Agreement, in a form approved by the City Attorney, for the purpose of increasing the travel stipend payable to the interns from $500 per intern to $750 per intern, for a total contract amount of $40,500. I, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on Monday, December 16, 2013, by the following vote, to wit: AYES: i a Vice -Mayor 1 AMENDMENT No. 1 AGREEMENT FOR CLIMATE CHANGE BAY AREA INTERNSHIP PROGRAM This agreement a made and entered into this lb-rw da i i. December, i i and between i • CITY O 1 RAFAEL (hereinafter and STRATEGIC ENERGY INNOVATIONS,i California • i corporation 1 CTOR"). WHEREAS, on September 16, 2013, CITY and CONTRACTOR entered into that certain "Agreement ra Climate Change Bay ♦ .i Internship Program" M("Agreemenf by ClimateCONTRACTOR is providing to City and supervising two intems in the sustainability field, through the a Area . i WHEREAS, CITY obtains reimbursement from the Marin County Health and Hazardous Waste JPA Grant Program ("the Grant Program") for the compensation it pays to the interns pursuant to the Agreement; and WHEREAS, ind CONTRACTOR increase ir i amount ` travel payable to the interns under the terms of the Agreement from $500 to $750 per intem to accommodate travelOf WHEREAS, CITY and CONTRACTOR wish to adjust the compensation paid by CITY to CONTRACTOR under the terms of the Agreement to allow for payment of the increased travel stipend to the interns. THEREFORE,, Oi . parties ir .ib agree g.. o amend a Agreement gi. r 1 . Section 4 of the Agreement is hereby amended to read as follows: 4 . COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR a total amount not to exceed $40,500, which consists of $19,500 ` intern program match and $750 travel ! i a intern. Payment will be made upon receipt by PROJECT MANAGER of invoices CONTRACTOR twice per a about and March 1, 2014. . Except as specifically provided herein, all terms of the Agreement shall remain in full force d effect. IN WITNESS WHEREOF,, the parties have executed this Agreement as of the day, month d year first above written, Version 2-15-11 LwkwAilll " Ali m IN hcfi MA INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3. c DATE OF MEETING: December '16, 20'13 FROM: Cory Bytof a* DEPARTMENT: City Managge, DATE: December 9, 2013 11111111 , 111 1119111111 m e THE CLIMATE CHANGE BAY AREA INTERNSHIP PROGRAM AGREEMENT WITH STRATEGIC ENERGY INNOVATIONS. (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: nature) Na, 0 LAI FmAl APPROVED AS TO FORM: kf City Attorney (signature) CERTIFICATE OF LIABILITY D+ Di 12/19/2013 THIS CERTIFICATE IS ISSUED 1 ! MATTER INFORMATION AND R CONFERS RIGHTS UPON THE CERTIFICATEAFFORDED BELOW.CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE CERTIFICATE INSURANCE / CONTRACT BETWEEN AUTHORIZED •s 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 toI termsthe iconditionsof policy, policies •endorsement. `statementon does #confer• # the certificate holder ofsuch endorsement(s). PRODUCER Anixter & Oser, Inc. ,License OE28888 205 SanMarin •'1 Novato a 94945-1227 #+ Vanessa ; Denise i • PHONE I FAX (415)898-1600L i t - 3922 + i w E-MAIL INSURER(S)_AFFORDING COVERAGE+ INSURER A:Travelers Insurance Co INSURED 'Strategic •Innovations 899 i • .. ,Ste410 • Rafael Indemnity Co of # 1 INSURER i • of i • i GENERAL LIABILITY INSURER E: COVERAGES CERTIFICATE • • ! i • ! 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, INSFt LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE. $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ A CLAIMS -MADE [i] OCCUR X 660435X121A 6/12/2013 6/12/2014 MEQ EXP (Any one person) $ 51000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO -F-] LOC JECI AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 11000,000 BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Par accident) $ ALL OWNED SCHEDULED AUTOS AUTOS 660435X121A 6/ 12/2013 6/12/2014 NON -OWNED X HIRED AUTOS X AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION WC STATU_ OTH- X T AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 11000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? L-1 (Mandatory in NH)809558201 NlA 1/1/2014 1/1/2015 E.L. DISEASE - EA EMPLOYE $ 11000,000 If yes, describe under EL. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS below C Errors & emissions L00-53-0196-2013 /4/2013 /4/2014 Each &Every Claim $1,000,000 Professional Liability Aggregate $1, QQQ, QQQ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of San Rafael, its officers, agents, employees, and volunteers are named as additional insured per form CG D4 43 07 QB. Coverage is primary per form CG DO 37 04 05. CERTIFICATE HOLDER CANCELLATION City of San Rafael Attn-. Cory Bytof, , Project Manager P.O. Box 151560 . • . • #1 a • +a � � a * r aIII ft • * i • San Rafael, CA 94915-1560 e V 1 ieidauer SSA ACORN 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. INR025 t7nioniiN ni Thu A(r)Pr) namca anal Innn arra rranictareari manic of Ar.r~)Pr) This endorsement modifies insurance provided under the following- GENERALLIABILITYCOVERAGE Aars A. Not -For -Profit Invitee Property Damage Legal Liability B. Special Event Premium Rating C. Special Event Designated Products D. Malicious Prosecution — Exception To Knowing Violation Of Rights Of Another Exclusion E. Who Is An Insured — Your Liability For Your Conduct Of Unnamed ` . rinership Or Joint Venture — (Excess Basis) A O PROPERTY AGE LEGAL LIABILITY 1. The following is added to Exclusion J., Dam age To Property, in Paragraph 2. of SEC A BODILY INJURY AND AGE LIABILITY. - Paragraph this exclusion does not apply t 'Inot-for-profit invitee property ma It caused by fire; explosion.; lightning; smoke resulting from such fire, explosion, or light- ning; water; or vandalism or malicious mis- chief a) On premises you own or rent or on ways next to premises you own or rang and F, Blanket Additional Insured — Mortgagee Assignees, Successors Or Receivers G. Blanket Additional Insured — States Or Politic Subdivisions — Permits Relating To Premises H. Blanket Additional Insured — States Or Politic Subdivisions — Permits Relating To Operations 1. Blanket Additional Insured — Persons Organizations Where «"' equired By Written Coll tract Or Agreement 11Rupture or bursting due to expansion or swelling of the contents of any bonding or structure, caused by or resulting tr r wa- ter; or '11111) Explosion of any steam boiler, steam pipe, steam engine, or steam turbine.. 2, The following is added to SECTION III - - LIM- ITS OF INSURANCE: Subject to Paragraph 5. above, the most we will pay under Coverage A for the spm of all damages because of Ono -tor-profit property damage" sustained by all ,rot -tor -profit invit- ees" n it -ease is $15,000. 3. The following aro added to the DEFINITIONS Section. - (b) o for: b Because of your operations. "Not -tor -profit Invitee": This exception does not apply o " o -tor# a includes any of your clients, customers, profit property damage's caused y_ costs, members, patrons, supporters JO Rupture, bursting, or operation of any and "volunteer worker ". pressure relief device-, CG D4 43 07 08 0 2008 TheTravelers Companies. Inc, Page 1 of 4 b. Does not include any person who is your 0 employeeJ4 , "temporary worker" or "inde- pendent contractor". "Not-for-profit invitee property damage" means tier damage" to personal prop- erty owned or rented by a t'not-tor-profit in- vitee", other than any of the following prop- D. erty: a. Accounts, bills, currency, deeds, money, notes, securities or debt instruments, b. Mechanical drawings, blueprints, docu- ments, records, manuscripts or valuable papers; or c. Contraband or other properly in the course of illegal transportation or trade, B. SPECIAL EVENT PREMIUM RATING E. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: a. The Not -For -Profit Entity Amendatory En- dorsement includes the following, (1) All indoor events with less than 1000 at- tendees and shorter than 24 hours in du- ration; and (2) All outdoor events with less than 500 at- tendees and shorter than 24 hours in du- ration. b. The following events will be rated separately for additional premium: (1) Any event that exceeds the attendees or duration described in a.(1) or a.(2) above-, (2) Any parade, fair or carnival; or (3) Any athletic, sporting or motor vehicle event including walks, runs, tournaments, demonsl rat, ions, rallies or competitive ac- tivities. C. SPECIAL EVENT DESIGNATED PRODUCTS 1. The 'following is added to the definition of 19 products -completed operations hazard" in the DEFINITIONS Section - Includes all "bodily injury 0 and "property dam- F. age" arising out of your " noted products" on premises you own or rent, on premises used by you for a special event related to your business, or on the ways next to any such premises you own or rent, or use for a special event. 2. The following is added to the DEFINTIONS Section., "Designated products" means apparel, but- tons, CDs, DVDs, tapes, posters, stickers and other similar products used to promote a spe- cial event related to your business. MALICIOUS PROSECUTION — EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN- OTHER EXCLUSION The following is added to Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE B PERSONAL AND ADVERTISING INJURY: This exclusion does not apply to Opersonal 1;nj*urypj caused by malicious prosecution. WHO IS AN INSURED — YOUR LIABILITY FOR YOUR CONDUCT OF UNNAMED PARTNER- SHIP OR JOINT VENTURE (EXCESS BASIS) 1. The following replaces the last paragraph of SECTION 11 — WHO IS AN INSURED: No person or organization is an insured with respect to the conduct of, any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Declarations. This sub- paragraph does not apply to your liability with respect to your conduct of the business of any current or past partnership or joint ven- ture that is not shown as a Named Insured in the Common Policy Declarations, 2. The following is added to Paragraph 4.b., Ex,., cess Insurance, of SECTION IV — COM- MERCIAL «'' LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available to you for your liability with respect to your conducl of the business of any current or past partnership or joint ven- ture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. BLANKET ADDITIONAL INSURED - MORT- GAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you Page 2 of 4 CC 2008 The Travelers Companies, Inc, CG D4 43 07 08 The insurance provided to such mortgagee, as- signee, successor or receiver is subject to the fol- lowing provisions: (1) The lirnits of insurance provided to such mortgagee, assignee, successor or receiver will be the limits which you agreed to provide in the written contract or agreernent, or the limits shown in the Declarations for this Cov- erage Part, whichever are less; and (2) Coverage under this provision does not apply t10* (a) Any "bodily injury" or "property damage" that occurs, or any 4`4 personal injury it or "advertising injury" caused by an offense committed, after such contract or agree- ment is no longer in effect; or (b) Any "bodily injury", "property damage", Opersonal injury" or "advertising injury, J* arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mort- gagee, assignee, successor or receiver. G. BLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS RELATING TO PREMISES The following is added to SECTION It — WHO IS ANINSURED: Any state or political subdivision that has issued a I permit in connection with premises owned or oc- cupied by, or rented or loaned to, you is an in- sured, but only with respect to liability for "bodily Q it 14 t injury property damage personal injury" or "advertising injury" arising out of the existence, 1541 11"11 ownership, use, maintenance, repair, construc- tion, erection or removal of advertising signs, i awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street ban- ners or decorations for which that state or political subdivision has issued such permit. H. BLANKET ADDITIONAL INSURED — STATES 08 POLITICAL SUBDIVISIONS — PERMITS RELATING TO OPERATIONS The following is added to SECTION It — WHO IS ANINSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf is an insured, but only with respect to liability for "bodily injury"', "property damage", "personal injuryO or "advertising injury" arising out of such operations. Coverage under this provision does not apply to., 1. Any "bodily injury property damage", per- sonal injury JA or "advertising injury" arising out of operations performed for that to or po- litical subdivision: or 2. Any "bodily injury" or "property damage" in - eluded in the "products — completedopera- tions hazard'' . 1. BLANKET ADDITIONAL INSURED — PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION It — WHO IS AN INSURED, Any person or organ - ization that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: 1, Occurs after you have signed and executed that contract or agreement; and 2. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing operations to which the written contract or agreement applies or the acts or omissions of any person o.r organization performing such operations on your behalf. The insurance provided to such person or organi- zation where required by written contract or agreement is subject to the following provisions: (1) The limits of insurance provided to such in- sured will be the limits which you agreed to CG D4 43 07 08 1 20,38 The Travelers Companies, Inc. Page 3 of 4 (3) Coverage under this provision does not apply to: (a) Any person or organization that has been added as an additional insured by at- tachment of an endorsement under this Coverage Part which names such person or organization in the endorsement's scheduleb (b) Any person or organization who distrib- utes or sells "your product," in the regular course of that person's or organizationts business; or (c) Any person or organization from whom you have acquired toy r 4yr product", or any ingredient of, or that contains, "your prod- uct Page 4 of 4 (c- 2008 The Travelers Companies, Inc, CG D4 43 07 08 _Y�3 r�;�irjrjx loop ;; ��r I' � � I I i!t,l 4 Ji I �R I I... I , ik M:* I ... "I 4MA�6_1 #1 [ 1 7 -ki 11 � I =11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: 2. However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this I Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named 'Insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted,,. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to ® insured when the insured is added as an addonal insured under any other policy, including any umbrella or excess policy. CG DO 37 04 06 Copynight 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page I of k