SERVICE PROVIDER AGREEMENT
This SERVICEPROVIDERAGREEMENT("Agreement") is enteredinto this )L>' day of November 2020 ("Effective Date"), by and between the CITY OF ALAMEDA, a municipal corporation (the "City"), and Brad Shirakawa, an Individual, whose address is 1052 Sweet Avenue, San Jose, CA 95129 in reference to the following facts and circumstances:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry 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: Contract Archivist. City Staff contacted several known videographers, library archivists, and digital storytellers and selected the service provider that best meets the City's needs for this grant project.
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. City and Provider desire to enter into an agreement for Contract Archivist, upon the terms and conditions herein. The Contract Archivist will collect, organize, and digitalize documents and photographs pertaining to the WWII Alameda Japanese American Internment Camp experience, as well as create and archive video and audio oral histories.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are incorporated 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 /£? "_ day of November 2020, and shall terminate on the 31 day of January 2023, unless terminated earlier as set forth herein.
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. The Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
3. COMPENSATION TO PROVIDER:
a. By the 7th day ofeach month, Providershall submitto the City an invoicefor the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in this Section 3. Extra work must be approved in writing Shirakawa, Brad 1 Version 10-3-19
by the City Manageror his/herdesigneeprior to performanceand shall be paid on a Time and Material basis as set forth in this Section 3.
b. The total compensation for this Agreement shall not exceed $60,000. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner commensurate 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 services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employeerelationship from any compensationdue to Provider. Payments of the above items,ifrequired, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity and employment authorizationof all of its employeesperforming work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City's policy and state and federal law that harassment and discriminationare unacceptable conduct, 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 kindof any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (ex. Cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, Shirakawa, Brad .2 Version 10-3-19
militaryand veteranstatusorlegitimateUnionactivities.Provideragreesthatpy violationofthis provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. Provider shall indemnify, defend, and hold harmless the City, its City Council, boards, commissions, officials, employees, and volunteers ("Indemnitees") fiom and against any and all loss,damages,liability,claims,suits,costsand expenseswhatsoever,includingreasonable attorneys' fees ("Claims"), arising from or in any manner connected to Provider's negligent, reckless or intentional act or omission, whether alleged or actual, regarding performance of services or work conducted or performed pursuant to this Agreement. If Claims are filed against Indemnitees which allege negligence, recklessness or willful misconduct on behalf ofthe Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider. However, Provider shall not be obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees.
b. Indemnification for Claims for Professional Liability Only: As to Claims for professional liability only, Provider's obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider's obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
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 type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with subsections 10A, B, C and D. 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 ten (10) days' advance written notice to the City of Alameda. Attention: Risk Manager." b. It is agreed that 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 that is acceptable to City and licensed to do insurance business in the State of California.
c. 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, and volunteers as additional insured shall be submitted with the insurance certificates.
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Provider Initials
A. COVERAGE:
Provider shall maintain the following insurance coverage:
(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 aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, and volunteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $250,000 each person
$500,000 each accident
Property Damage: $250,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, and volunteers is required. (4) Professional Liability: (WAIVED)
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Provider in the following minimum limits:
$1,000,000 each occurrence
(5) Cyber Liability: (WAIVED)
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited Shirakawa, Brad 4 Version 10-3-19
to infringementof copyright, trademark, trade dress, invasionofprivacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2-$5,000,000 per occurrence or claim; and $3-$ 10,000,000 per aggregate.
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, and volunteers is required.
B. SUBROGATION WAIVER:
Provider agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Provider shall look solely to its insurance for recovery. Provider hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Provider or City with respect to the services of Provider herein, a waiver of any right to subrogation which any such insurer of said Provider may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Provider's name or as an agent of the Provider and shall be compensated by the Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards, commissions, officials, employees, and volunteers shall be named as an additional insured under all insurance coverages, 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 ifnot named as such additional insured. An additional insured named herein shall 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.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider's insurance broker to determine adequate coverage for Provider,
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the Shirakawa, Brad 5 Version 10-3-19
servicesprovidedunder this Agreementrequire Provider to make certaingovernmentaldecisions 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 his or her designee may consent or reject such request in his/her sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation 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 the issued and outstanding capital stock of Provider, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Provider is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement. Control means fifty percent or more of the voting power of the corporation.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumes 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 additional 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 his/her sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of workers' 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 the Provider. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement.
c. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information which the 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 of this 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.
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15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of 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 his/her designee. c. Provider shall, at such time and in such form as City Manager or his/her designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of the 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 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 City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting 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 necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated 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 earlier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is Shirakawa, Brad 7 Version 10-3-19
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 City shall be addressed to City at:
City of Alameda
Alameda Free Library
1550 Oak Street
Alameda, CA 94501
ATTENTION: Jane Chisaki
Ph: (510) 747-7747 / Fax: (510) 865-1230 Email: [email protected] e. All notices, demands, requests, or approvals from City to Provider shall be addressed to Provider at:
Bradley Shirakawa
1052 Sweet Avenue
San Jose, CA 95129
Ph: (408)368-8587
18. SAFETY:
a. The Provider will be solely and completely responsible for conditions 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 continuouslyand not be limited to normal workinghours. Inaddition,Providerwill complywith all safety provisions in conformancewith U.S. Departmentof Labor OccupationalSafety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances,codes,and anyregulationsthat may be detailedin otherparts ofthe Agreement. Where any of these are in conflict, the more stringent requirementswill be followed. The Provider's failure to thoroughlyfamiliarizeitself with theaforementionedsafety provisionswill not relieve it from compliance with the obligations and penalties set forth herein. b. The Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performanceof this Agreement. The Providerwill promptlysubmitto the City a writtenreportof all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address 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 Shirakawa, Brad 8 Version 10-3-19
of this Agreement. If such default is not cured within two (2) business days after receipt by Provider fromCity of written noticeof default, specifyingthe nature of such default and the steps necessary to cure such default, City may thereafter immediatelyterminate the Agreement forthwith by giving to the Provider written notice thereof.
b. The foregoing notwithstanding, 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, each party 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 outof this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all ofits costsand expensesof the actionor suit, includingreasonableattorneys' fees, experts' fees, all court costs and other costs of action incurred by the prevailing party in connection with the prosecution or defenseof 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 ofattorneysof theAlamedaCityAttorney'sofficeshallbe basedonthe fees regularlycharged by privateattorneyswith the equivalentnumberof years of experiencein the subjectmatter area of thelaw forwhichthe serviceswererenderedwho practicein AlamedaCountyin lawfirms with approximatelythe samenumberof attorneysas employedby the AlamedaCity Attorney'sOffice.
21. COMPLIANCE WITH ALL APPLICABLE LAWS:
Duringthe term of thisAgreement,Providershallkeep fullyinformedof all existingand futurestateand federallawsand all municipalordinancesandregulationsof the CityofAlameda whichaffectthemannerin whichthe servicesor tasksareto beperformedby theProvider,as well as all suchordersand decreesof bodiesor tribunalshavinganyjurisdictionor authorityoverthe same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws,of the State of Californiawithoutregard to anychoiceof law rules whichmay direct theapplicationof laws of anotherjurisdiction. The Agreementand obligationsof the parties are subject to all valid laws, orders, rules, and regulations of the authoritieshaving jurisdiction over thisAgreement(or the 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.
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23. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein shall not bedeemedto be awaiverof anysubsequentbreachof the sameor any otherterm, covenant, or condition contained herein, whether of the same or a different character.
24. INTEGRATED CONTRACT:
The Recitals and Exhibits are a material part of this Agreement and are expressly incorporatedherein. This Agreementrepresentsthe fall and completeunderstandingof everykind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature 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 City and Provider.
25. 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.
26. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), eachof which shall be deemed an original, but allof which shall constitute one and the same instrument.
27; SIGNATORY:
By signing this Agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
28. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions ofthis Agreement 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.
29. [NONDISCRIMINATION - FEDERAL REQUIREMENTS:
a. Provider certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, color, religion, national origin,ancestry,sex, age, or conditionof physical or mental handicapin accordancewith requirementsof state andfederal law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation.
Shirakawa, Brad 10 Version 10-3-19
B. Selection for training, including interns and apprentices. (i) Provider agrees to post in conspicuousplaces in each of Provider's facilities providing services hereunder, available and open to employees and applicants for employment,notices setting forth the provisionsof this nondiscriminationclause. (ii) Provider shall, in all solicitations or advertisements for employees placed by or on behalfof Provider, state that all qualified applicantswill receive considerationfor employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law. (iii) Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of Provider's commitments under this paragraph.
(iv) Provider certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition ofphysical or mental handicap, in accordance with requirement of state and federal law. (v) In accordance with applicable state and federal law, Provider shall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Provider shall provide such other information and records as such representatives may require in order to verify compliancewith the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisionsof this paragraphhave been violated, the sameshall constitutea materialbreachofAgreementuponwhichCitymay determineto cancel, terminate,or suspendthis Agreement. City reservesthe right todetermineindependentlythat the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the CaliforniaFair EmploymentPractices Commissionor the Federal Equal Employment Opportunity Commission that Provider has violated state and federal anti-discrimination laws shall constitute a finding by City that Provider has violated the anti-discriminationprovisions of Agreement.
c. The parties agree that in the event Provider violates any of the anti-discrimination provisionsof this paragraph,City shallbe entitled,at its option,to the sumof $500.00pursuantto CaliforniaCivil Code Section 1671 as liquidateddamages in lieu of canceling,terminating,or suspending this Agreement.
d. Provider hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable regulations, and all guidelines and interpretations issued pursuant thereto, to the end that no qualifiedhandicappedperson shall, on the basisofhandicap,be excludedfrom participationin, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Provider receiving Federal Financial Assistance. In addition, Provider shall comply with the Shirakawa, Brad 11 Version 10-3-19
UniformFederalAccessibilityStandards,and Provider,Engineer,orArchitectresponsiblefor any design,constructionor alterationshallcertifycompliancewith thoseStandards. e. Provider's attentionis directedto laws, includingbut not limitedto:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(i) Civil Rights Act of 1964. Under Title VIIof the Civil Rights Actof 1964, no personshall,on thegroundsof race, sex, religion,color,or nationalorigin,be excluded from participationin, be denied the benefits of, or be subjectedto discriminationunder any program or activity receiving Federal financial assistance. (ii) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. (iii) Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in, and benefit from federally assisted programs and activities, including but not limited to:
(i) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35).
Title II, Subpart A of the Americanswith DisabilitiesAct of 1990 applies to all publiclyfunded activities and programs. Provider shall also complywith the public accommodationsrequirements of Title III of the ADA, as applicable.
(ii) Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). These regulations,which implement Section 504of the RehabilitationAct of 1973, as amended,and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8. (iii) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, constructed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards,1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards.
Shirakawa, Brad 12 Version 10-3-19.
(iv) In resolving any conflictbetweenthe accessibilitystandardscitedin paragraphs (i), (ii) and (iii) above, the more stringent standard shall apply.] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
COMPANY
a Sole Proprietor
Brad Shirakawa
Individual
Shirakawa, Brad 17
CITY OF ALAMEDA
amunicipal^braoratic
Eric J. Le
City Man
RECOMMENDED FOR APPROVAL
Chisaki
'Library Director
APPROVED AS TO FORM:
City Attorney
Assistant City Attorney
Version 10-3-19
i%*S4fe£Sf^M^£»JHfl&£%\
EXHIBIT A: SCOPE OF WORK
BradShirakawahasa 30-yearcareerasa newspaperphotojournalismcommunitycollegeinstructor of multimedia, and freelancephotographer.He is the sole curatorof the Lake Sequoia Retreat Archiveand website,an onlinerepositoryof photographs,interviews,musicand documentsfrom the75-yearhistoryofthisJapaneseAmericanChristianYouth fellowshipprogram,spanningfrom pre-war to the late 20th century. He has previous experienceworking with and contributing photographs to both Densho and the Internet Archive.
Forthe purposeofthis grantprojectBrad Shirakawawill be responsibleforthe following:
• Collecting JapaneseAmerican materials suitable for di^tization from the Alameda Free Library,BuenaVista UnitedMethodistChurchandthe BuddhistTemple of Alameda. • With the assistance of local Alameda families, church members and librarians he will determine which items to include and which to not include in this project. • The items will be organized, digitized and then labeled. Metadata will be added to assist with online search for all items.
• Brad Shirakawa will travel to the two churches and library to accomplish this as needed.
He will consult with local families to add context to the items. New photos and documents may be generated.
• Stories may be generated from the materials collected and may take the formofPDFs,jpg images, Word documents, video, websites, blogs, etc.
• The materials will be available to the general public via the InternetArchive (archive.org), Densho.org, the two churches and the Alameda Free Library. /kCORcf CERTIFICATEOF LIABILITYINSURANCE
DATE (MM/DD/YYYY)
9/29/2020
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 ADDITIONALINSURED,the policy(ies) must have ADDITIONALINSURED provisions or be endorsed.
If SUBROGATIONISWAIVED, subject to the terms and conditions of the policy, certain policies may requirean endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Meine Group. Inc. DBA: Meine Insurance Agency
1526 Shaw Ave
Clovis CA 93611
NAME?U' Nick DouniasMeine Group Inc DBA Meine
ffic,NNo,Ext): 559-455-3913 JCcIno): 866-699-5081
address: ndouniastij'hotmail.com
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A Nationwide
INSURED
Bradley Shirakawa
1052 SWEET AVE
SAN JOSE CA 95129
INSURER B
INSURER C
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATEMAYBE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TOSTT
LTR TYPE OF INSURANCE
AUUL
INSD
SOBR
WVD POLICY NUMBER
TDEKTTEFF
(MM/DD/YYYY)
TOUCY EXP
(MWDD/YYYY) LIMITS
COMMERCIAL GE NERAL LIABILrTY
E [ _|OCCUR
EACH OCCURRENCE S
_|CLAIMS-MAD PREMISES (Ea occurrence) s
MED EXP (Any one person) I
PERSONAL & ADV INJURY s
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY jfcT JlOC
OTHER:
PRODUCTS - COMP/OP AGG t
t
AUTOMOBILE LIABILITY
y 7204J 156836 08/28/2020 02/28/2021
UOMUINLUyiNULkLIMII
(Ea accident) t
X
ANY AUTO BODILY INJURY (Per person) * 250.000
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) * 500.000
HKOHbKIY pAHKOE
(Per accident) * 250,000
$
UMBRELLA LIAB
EXCESS UAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE 1
AGGREGATE $
DED | | RETENTIONS %
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY y , N
ANY PROPRIETOR/PARTNER/EXECUTIVE I 1
OFFICER/MEMBER EXCLUDED?
[MandatoryInNH) ' '
IIyes, describe under
DESCRIPTION OF OPERATIONS below
N/A
STATUTE |
OIH-
ER
E.L. EACH ACCIDENT %
EX. DISEASE - EA EMPLOYEE I
EL. DISEASE POLICY LIMIT i
DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City ofAlameda,its C'ily Council,Boardsand Commissions,Officers.Employees,and Volunteers,islistedasADDITIONALINSURED. \ . 0
CERTIFICATE HOLDER CANCELLATION
City of Alameda
2263 Sanla Clara Ave.
Alameda, Cu. 94501
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Nick. Do-K'vvCcM
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
s\<rofirrjf° DATE (MM/DD/YYYY)
11/11/2020CERTIFICATE OF LIABILITY INSURANCE
I«, r,2^ 1F.'9 E 'S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. THIS CERTIFICATEOF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE
ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATEHOLDER IMPORTANT: If the certificateholder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION1SWAIVED subjectto theterms and conditionsof thepolicy, certain policiesmay require an endorsement.A statementon this certificatedoesnotconferrightsto thecertificateholderinlieu ofsuch endorsement(s).
PRODUCER
MEINE INSURANCE AGENCY
51135730
1526 SHAW AVENUE
CLOVISCA93611
INSURED
BRAD SHIRAKAWA
1052 SWEET AVE
SAN JOSE CA 95129-3332
CONTACT NAME:
phone (559) 475-6908
(A/C, No, Ext):
E-MAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE
Sentinel Insurance Company Ltd.
FAX (877)471-3089
(A/C, No):
NAICS
11000
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS ISTOCERTIFYTHAT THE POLICIESOFINSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATEDNOTWITHSTANDINGANY REQUIREMENT,TERM ORCONDITION OFANY CONTRACTOROTHER DOCUMENTWITH 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, EXCLUSIONSANDCONDITIONSOF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEENREDUCED BYPAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
| COMMERCIALGENERAL LIABILITY
CLAIMS-MADEI,0c
X General Liability
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO
JECT
OTHER:
POLICY ' LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED
AUTOS
UMBRELLA LIAB
EXCESS LIAB
SCHEDULED
AUTOS
NON-OWNED
AUTOS
OCCUR
CLAIMS-
MADE
DEC RETENTIONS
ADDL
INSR
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
c
SUBR
WVD
POLICY NUMBER
51 SBABA4973
POLICY EFF
(MM/DD/YYYYI
11/10/2020
POLICY EXP
(MM/DOZY YYY)
11/10/2021
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea acddanfl
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
PER
STATUTE
E.L. EACH ACCIDENT
OTH,
ER
EL. DISEASE -EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
DESCRIPTIONOF OPERATIONS I LOCATIONSI VEHICLES(ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Those usual to the Insured's Operations.
$1,000,000
$1,000,000
$10,000
$1,000,000
$2,000,000
$2,000,000
CERTIFICATE HOLDER CANCELLATION
City of Alameda
2263 SANTA CLARA AVE
ALAMEDA CA 94501
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE > \ ,
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 51 SBA BA4973
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
Thisendorsementmodifiesinsuranceprovidedunderthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
WHO IS ANINSURED(Section II) isamendedto includeas an insuredthe person or organizationshown in theSchedule,but only with respecttoliabilityarising out of your operations or premises owned by or rented by you.
SCHEDULE
Name of Person or Organization:
City of Alameda, its City Council,
Officers, Employees, Volunteers,
Boards and Commissions
City Hall, Alameda, CA 94501
(If no entry appears above,informationrequiredto completethis endorsementwill be shown in the Declarations as applicable to this endorsement) CG 20 26 11 85
Receipt
of 1
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Thank you for your payment
Payment Date: 11/2/2020 3:49:51 PM
Confirmation tt: 003849 (42330010315)
Account Information
Account tt
Expire Date
Name
Address
City
Phone
Summary
STD
Gross Rcts/Exp (Min. $100)
State CASp Fee (AB1379)
Processing Fee (On-line)
Total Balance Due
Payment Information
Credit Card tt
Payment Amount
https ://blweb .alamedaca .gov/Pri meWeb/Pay/Pay 3
City of Alameda
829351
6/30/2021
BRAD SHIRAKAWA
1052 SWEET AVE
SAN JOSE
(408) 368-8587
Input Balance Due
30000.00 $69.00
1.00 $4.00
1.00 $10.00
$83.00
X3060
$83.00
Citv of Alameda
2263 Santa Clara Avenue
Alameda, CA 94501
510.747.7400
byHdL
St Home ' Report a Problem
Paying
2020-11-02, 15:50