Kids for the Bay
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SERVICE PROVIDER AGREEMENT
The SERVICE PROVIDER AGREEMENT (“ Agreement”), entered into this day of July, 2022, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "City") and EARTH ISLAND INSTITUTE dba KIDS FOR THE BAY, a non-profit 501 C3, whose address is 1771 Alcatraz Avenue, Berkeley, CA 94703, (the “Provider”), in reference to the following
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power tocarry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: Implementation of a School Outreach Program. City staff issued an RFP on May 17, 2022 and after a submittal period of fifteen days received four timely submitted proposals. Staff reviewed the proposals and selected the service provider that best meets the City’s needs.
C. Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. The City and Provider desire to enter into an agreement for Implementation of a School Outreach Program, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the 1st day of July 2022, and shall terminate on the 30th day of June 2027, unless terminated earlier as set forth herein.
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2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasksincluded therein.
3. COMPENSATION TO PROVIDER:
a. By the 7 th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accou nting of charges are to be according to the fee schedule as set forth in Exhibit$ and incorporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit $. b. Compensation for work done under this Agreement, shall not exceed as follows:
FY 22-23 total compensation shall not exceed $ 29,000.00 FY 23-24 total compensation shall not exceed $ 30,160.00 FY 24-25 total compensation shall not exceed $ 31,366.40 FY 25-26 total compensation shall not exceed $ 32,621.06 FY 26-27 total compensation shall not exceed $ 33,925.89 Total five-year compensation shall not exceed$156,073.35
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner c ommensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider’s se rvices. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’
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Implementation of a School Outreach Program 3 G:\pubworks\clean water\PIP\school outreach\RFP April 2022 compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FI CA pay ments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all re sponsibility for verifying the i dentity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules a nd regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or e x p e n s e s a r i s i n g f r o m a n y noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law tha t harassment and discrimination are unacceptableconduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, di sability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemn ify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents a nd volunteers (“Indemnitees”) fro m and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under th is Agreement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or wi llful misconduct on the part of Provider, Provider sha ll have no right of r eimbursement against I n d e m n i t e e s f o r t h e c o s t s o f defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if theloss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obli gation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemn ify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
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10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the t ype, amount, class of operations covered, effective dates and dates of expiration of insurance coverage incompliance with Sections
10.b. (1) through (5) Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ adva nce written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least B BB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall b e submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown abov e. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
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Implementation of a School Outreach Program 5 G:\pubworks\clean water\PIP\school outreach\RFP April 2022 (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider’s profession and work hereunder, including, but not limited to, technology professional liability errorsand omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property”of the City in the care, custody, or control of Provider. If not covered under Provider’s liability policy, such “property” coverage of the City may be endorsed on to Provider’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electroni c data and/or information “prope rty” of the City that will be in the care, custody, or control of Provider.
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to c laims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Pro vider agrees to obtain any endorsement that may be necessaryto affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors.
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If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date writte n notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insu red(s) under all insurance cov erages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein s hall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Additional Insured coverage under Provider’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. Any availableinsurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s).
f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance bro ker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and ma ximum limits of the coverage carried by or available to Provider; whichever is greater.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Pro vider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certaingovernmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assi gnee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation
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Implementation of a School Outreach Program 7 G:\pubworks\clean water\PIP\school outreach\RFP April 2022 or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of t h e i s s u e d a n d outstanding capital stock, membership interest, partnership interest,or the equivalent, which shall result in changing the control of Provider, shall be construed as anassignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or busin esses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no addi tional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub-providers and the reasons for the request to the City Manager at least five (5) days in advance.
The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of worker s’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to persons w h o a r e m e r e ly providing materials, supplies, data orinformation that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term ofthis Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and ot her document produced, prepared or caused to be prepared by Provider pursuan t to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
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16. RECORDS:
a. Provider shall maintain complete and accurate records with respectto the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and a udit the Records, and to make copies or transcripts therefrom as necessary, and to allow insp ection of all proceedings and activities related to this Agreement. Such Records, together withsupporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necess ary due to concerns raised by the City’s preliminary examination or audit of record s, and the City’s supplemental examination or audit of the recor ds discloses a failure to adhe re to appropriate internal financial controls, or other breach of this Agreement or failure to act i n good faith, then Provider shall reimburse the City for all reasona ble costs and expenses associ ated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii)sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earl ier to occur of: (x) actual delivery or the date on wh ich delivery is refused; or (y ) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Dylan Hammond, Program Specialist II
Ph: (510) 747-7949 / Email:[email protected]
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Kids for the Bay
1771 Alcatraz Avenue
Berkeley, CA 94703 ATTENTION: Mandi Billinge, Executive Director Ph: (510) 734-3835 / Email: [email protected]
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Jeanette Navarro, Engineering Office Assistant Ph: (510) 747-7932 / [email protected]
18. SAFETY:
a. Provider will be solely and co mpletely responsible for condit ions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply withall safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreemen t. Where any of these are in conflict, the more stringent requirements will be followed. Prov ider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will notrelieve it from compliance with the obligations and penalties set forth herein.
b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substa ntial property damage that occ urs in connection with the performance of this Agreement. Provider will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This rep ort must include the following information: (i) name and addre ss of injured or deceased person (s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) b usiness days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediatelyterminate the Agreement forthwith by giving to Provider written notice thereof.
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Implementation of a School Outreach Program 10 G:\pubworks\clean water\PIP\school outreach\RFP April 2022 b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience,e a c hp a r t y shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section
19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of the bringing of any action or suit by a party hereto against the other party by reason of any breach of any covenants, conditions, obligation or provision arising out of this Agreement, the prevailing party shall be entitled to recover from thenon-prevailing party all of its costs and expenses of the action or suit, including reasonable attorney’s fees, experts’ fees, all court costs and other costs of action incurred by the prevailin g party in connection with the prosecution or defense of such action and enforcing or establishing its rights hereunder (whether or not such action is prosecuted to a judgment). For the purposes of this Agreement, reasonable fees of attorneys of the Alameda City Attorney’s office shall be based onthe fees regularly charged by private attorneys with the equiva lent number of years of experi ence in the subject matter area of the law for which the services were rendered who practice in Alameda County in law firms with approximately the same number of attorneys as employed by the Alameda CityAttorney’s Office.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the Ci ty shall have the right to imp ose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with allsuch requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to makeavailable to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section. [See Certification of Compliance attached.]
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
Provider shall comply with all applicable laws, state and feder al and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpret ed under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the
Kids for the Bay
Implementation of a School Outreach Program 11 G:\pubworks\clean water\PIP\school outreach\RFP April 2022 successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Secti on 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever betwe en the parties he reto, and all preliminary negotiations and agreements of whatsoever kind or n ature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
27. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed anoriginal, but all of which shall constitute one and the same instrument.
28. SIGNATORY:
By signing this Agreement, signatory warrants and represents th at they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
29. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time)and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Implementation of a School Outreach Program 12 G:\pubworks\clean water\PIP\school outreach\RFP April 2022 IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
EARTH ISLAND INSTITUTE CITY OF ALAMEDA
dba KIDS FOR THE BAY a municipal corporation
a non-profit 501 C3
David Phillips Dirk Brazil
Earth Island Institute Interim City Manager
Executive Director
RECOMMENDED FOR APPROVAL
Mandi Billinge
Kids for the BayExecutive Director/Founder
Erin Smith
Public Works Director
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
Kids for the Bay
Implementation of a School Outreach Program 13 G:\pubworks\clean water\PIP\school outreach\RFP April 2022 Certification of Compliance
With the City of Alameda’s Vaccination Requirement
The City of Alameda (“City”) r equires all individuals who perform work for the City to be fully vaccinated1 against COVID-19. All service providers and contractors for the City must sign the following statement certifying compliance with this requirement.
By signing below, I certify that all of our personnel who are performing work for the City are fully vaccinated against COVID-19. I also acknowledge that the City reserves the right to review any relevant records to demonstrate ourcompliance with this requirement.
I declare under penalty of perjury that the foregoing is true and correct.
Kids for the Bay Date:______________________
__________________________________
By: Mandi Billinge
Its Executive Director/Founder
1 For the purposes of this Certification of Compliance, an individual is considered to be fully vaccinated if two weeks have passed since their second dose in a 2-dose series (such as the Pfizer or Moderna vaccines) or if two weeks have passed since receiving their single-dose vaccine (such as Johnson & Johnson’s Janssen vaccine).
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
02/08/2022
Business Professional Insurance Associates
1519 South B Street
San Mateo, CA 94402
License #: 0D69286
Tirzah Tyler
(650)341-4484 (650)341-4465
[email protected]
00004304-2802839 37
Earth Island Institute, Inc.
2150 Allston Way # 460
Berkeley, CA 94704
Alliance of Nonprofits for Insurance 10023
A Y Y 2022-02715 02/01/2022 02/01/2023X
X
X EBL, ISC
X
1,000,000
500,000
20,000
1,000,000
2,000,000
2,000,000
Alliance of Nonprofits for Ins 10023
B Y Y 2022-02715
02/01/2022 02/01/2023
X
1,000,000
Alliance of Nonprofits for Ins 10023
B 2022-02715-UMB
02/01/2022 02/01/2023X
X
XN O N E
10,000,000
10,000,000
State Comp. Ins. Fund 35076
C Y 9087942-22 02/01/2022 02/01/2023
N
X
1,000,000
1,000,000
1,000,000
Alliance of Nonprofits for Ins 10023
B CWB0007906-14-02715 02/01/2022 02/01/2023Property Emp Dish 100,000 Forg/Alt 100,000
Re: Kids for the Bay (#32) Watershed Rangers Program.
See attached Notepad for Additional Insureds.
City of Alameda
Public Works Department
Alameda Point, Building 1
950 West Mall Square, Room 110
Alameda, CA 94501
(THT)
Printed by THT on 02/08/2022 at 03:11PM
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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 have ADDITIONAL INSURED provisions or 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).COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
Printed by THT on February 08, 2022 at 03:11PM
00004304
2 Business Professional Insurance Associates
N/A
Multiple Carriers
Earth Island Institute, Inc.
25 Certificate of Liability Insurance
The City of Alameda, its City Council, boards, commissions, officials, employees, and volunteers are included as Additional Insured as respects to the insured's business operations per blanket form CG2026. Additional Insured and Waiver of Subrogation apply to General & Auto Liability.
Insurance is Primary and Non-Contributory. 30-Day Notice of Cancellation applies. Auto Additional Insured endorsement to follow. Waiver of Subrogation applies to Workers Comp.
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
AGENCY CUSTOMER ID:
LOC #:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page ofADDITIONAL REMARKS SCHEDULE
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
CG 20 26 12 19
2022-02715
Named Insured: Earth Island Institute, Inc.*
Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
Name Of Additional Insured Person(s) Or Organization(s):
SCHEDULE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A. B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012
BUSINESS AUTO COVERAGE
ADDITIONAL INSURED EXTENSION
Schedule AI
1Page
POLICY NUMBER:
NAME OF INSURED:
2022-02715
ADDITIONAL INSUREDS
Earth Island Institute, Inc.*
*SEE SCHEDULE NI FOR FULL NAMED INSURED
Additional Insured - ANI-RRG-A1
11 Grove St.
San Francisco, CA 94102
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
Alameda Flood Control and Water Conservation District
and the County of Alameda
399 Elmhurst Street
Hayward, CA 94544
N/AAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
City & County of San Francisco, Its Officers and
Employees
1650 Mission Street, Suite 400
San Francisco, CA 94103
N/AAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
City and County of San Francisco Department of the
Environment Attn: Contracts and Grants
1455 Market Street, # 1200
San Francisco, CA 94103
N/AAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
City of Alameda Public Works Department
950 West Mall Square, Rm 110
Alameda, CA 94501
N/AAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
City of Alameda, Public Works Department; Alameda
Point, Building 1
950 West Mall Square, Room 110
Alameda, CA 94501
COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)
2/7/2022
ANI - RRG - SCHEDULE AI
"NOTICE : This Policy is issued by your risk retention group. Your risk retention group may not be suject to the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group."
BUSINESS AUTO COVERAGE
ADDITIONAL INSURED EXTENSION
Schedule AI
2Page
POLICY NUMBER:
NAME OF INSURED:
2022-02715
ADDITIONAL INSUREDS
Earth Island Institute, Inc.*
*SEE SCHEDULE NI FOR FULL NAMED INSURED
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
City of San Jose, its officials, employees and agents
200 E Santa Clara St., 14th Fl.
San Jose, CA 95113
N/AAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
County of Alameda, Board of Supervisors, individual
members thereof & all County officers. agents, employees, & representatives
3600 Telegraph Ave.
Oakland, CA 94609
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
County Of Imperial Risk Management Department
940 Main Street, Suite 101
El Centro, CA 92243
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
David Brower Center
2150 Allston Way, Suite 100
Berkeley, CA 94704
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
Enterprise Rent-A-Car of SF, LLC
2633 Camino Ramon, Ste. 400
San Ramon, CA 94583
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
Imperial County Local Health Authority
935 Broadway Street
El Centro, CA 92243
ALLAs respects vehicle(s):
COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)
2/7/2022
ANI - RRG - SCHEDULE AI
"NOTICE : This Policy is issued by your risk retention group. Your risk retention group may not be suject to the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group."
BUSINESS AUTO COVERAGE
ADDITIONAL INSURED EXTENSION
Schedule AI
3Page
POLICY NUMBER:
NAME OF INSURED:
2022-02715
ADDITIONAL INSUREDS
Earth Island Institute, Inc.*
*SEE SCHEDULE NI FOR FULL NAMED INSURED
Additional Insured - ANI-RRG-A1
San Francisco Public Utilities Commission
525 Golden Gate Ave.
San Francisco, CA 94102
N/AAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
Tenderloin Neighborhood Development Corporation
201 Eddy Street
San Francisco, CA 94102
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
The Santa Clara Valley Open Space Authority, it's officers, agents, volunteers and employees
33 Las Colinas Lane
San Jose, CA 95119
ALLAs respects vehicle(s):
Additional Insured - ANI-RRG-A1
Whole Foods Market Services, Inc., its affiliates and their respective officers, directors, employees, agents and
assigns
550 Bowie Street
Austin, TX 78703
3As respects vehicle(s):
COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)
2/7/2022
ANI - RRG - SCHEDULE AI
"NOTICE : This Policy is issued by your risk retention group. Your risk retention group may not be suject to the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group."
ANI-RRG A1 03 91 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE ONLY
In consideration of the premium charged, it is understood and agreed that the following is added as an additional insured:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
But only as respects a legally enforceable contractual agreement with the Named Insured and only for liability arising out of the Named Insured's negligence and only for occurrences of coverages not otherwise excluded in the policy to which this endorsement applies.
It is further understood and agreed that irrespective of the number of entities named as insureds under this policy, in no event shall the company's limits of liability exceed the occurrence or aggregate limits as applicable by policy definition or endorsement.
POLICY NUMBER: COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorseme nt, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any person or organization with whom you have a written contract currently in effect or becoming effective during the term of this policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
Earth Island Institute, Inc.*NAMED INSURED:
FORM: ANI-RRG-E26 11 17 POLICY NUMBER: 2022-02715
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS (WAIVER OF SUBROGATION)
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
This endorsement modifies insurance provided under the following:
Name of Person or Organization:
SCHEDULE
Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED
NOTICE OF CANCELLATION
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Cancellation: 30 Days Notice of Cancellation
Person or Organization
City of Alameda, Public Works Department, 950 West Mall Square, Room 110 Alameda, CA 94501 Central Coast Salmon Enhancement, Inc., 229 Stanley Ave. Arroyo Grande, CA 93420 City of Berkeley, for CA Urban Streams # 83, 2180 Milvia St. Berkeley, CA 94704 Davidon Homes, 1600 S. Main Street #150, Walnut Creek, CA 94596 County of San Mateo, its officers, agents, employees and servants Attn: Office of Sustainability, 455 County Center, Redwood City, CA 94063 (For project #57 Food Shift) Rural Community Assistance Corporation, 3120 Freeboard Dr. Suite 201 2nd Floor West Sacramento, CA 95691 County of San Diego, Resource Management Division, Department of Parks and Recreation, 550 Overland Park Ave. Suite 410 San Diego, CA 92123
City of Richmond, 450 Civic Center Plaza Suite 300 Richmond, CA 94804 City of San Pablo, its officers, officials, employees and volunteers, 13831 San Pablo Avenue, San Pablo, CA 94806 State of California, Angel Island State Park PO Box 318 Tiburon, CA 94920 San Francisco Public Utilities Commission 525 Golden Gate Avenue San Francisco, CA 94102, (for Project # 130 - Climate Action Now!)
SFPUC-Contract Administration Bureau 525 Golden Gate Ave. 8th Floor San Francisco, CA 94102 Contra Costa County Flood Control & Water Conservation District 255 Glacier Drive Martinez, CA 94553 City and County of San Francisco Department of the Environment, Attn: Market Street, #1200 San Francisco, CA 94103
The Santa Clara Valley Open Space Authority Grants Administrator, 33 Las Colinas Lane San Jose, CA 95119 City and County of San Francisco, its officers, agents and employees for Community Challenge Grants, 1 Dr.
Carlton Goodlett Room 362, San Francisco, CA 94102
Alameda County Source Reduction and Recycling Board, Alameda County Waste Management Authority and Energy Council, 1537 Webster Street, Oakland, CA 94612
San Francisco Unified School District-Real Estate Department, 135 Van Ness Avenue, Room 116 San Francisco, CA 94102 Attn: Manager of Real Estate
David Brower Center, 2150 Allston Way Suite 100 Berkeley, CA 94704 If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the person or organization shown above. We will mail such notice to the address shown at least the number of days shown for cancellation.
ANI-RRG-E64 10 12
POLICY NUMBER: 2022-02715
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY
ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
City of Alameda Public Works Department
Name of Person or Organization:
C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
A. Section II – WHO IS AN INSURED is amended to include:
4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.
No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
B. Section III – LIMITS OF INSURANCE is amended to include:
8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy.
4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or
POLICY NUMBER: 2022-02715
Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance
This insurance is excess over:
1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for "your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE.
(e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)’ rights against all those other insurers. (2)
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance. c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)’ own insurance.