2014/12/09 City Council Resolution 2014-178RESOLUTION NO. 2014 -178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT FOR ON -SITE AUDIOVISUAL
TECHNICIAN SERVICES WITH PETALUMA COMMUNITY ACCESS
WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that
the City's purchasing functions shall be governed by the City's purchasing policy, and;
WHEREAS, the City broadcasts several public meetings a month on the City's Public
Education Government (PEG) Cable channels, and;
WHEREAS, the City requires individuals with production and technical skillset to
produce public meetings that the general public can follow and appreciate; and,
WHEREAS, as per the City Ordinance 843, Resolution 2012 -22 audio /visual technician
services are available through a Cooperative Purchase Agreement with the City of Petaluma. The
City is authorized to purchase from the United States of America, any state, municipality or other
public corporation, or agency, without following formal purchasing procedures as defined in the
Purchasing Policy No 441.1.5 Section 3.6.6.C.; and,
WHEREAS, Staff recommends authorizing and approving an agreement for on -site
audio /visual technician services with Petaluma Community Access, of Petaluma, California for a
term of three (3) years with the option to extend the contract for two additional years in the
amount not to exceed $15,000 per contract year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve an agreement for on -site audio /visual technician
services from the following authorized vendor at or below the following amount:
CONTRACTOR NAME TERM NOT TO EXCEED
Petaluma Community Access 1 -1 -2015 to 12 -31 -2018 $15,000 /year
Petaluma, California w/2 year extension option
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions necessary to effectuate this agreement, including the execution of documents
pertaining to the same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 9th day of December, 2014.
CITY OF ROHNERT PARK
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ATTEST: ( "I Ll `o w,A "..4
�`o nne M. irgler, C it Clerk
Attachment: Exhibit A - Contract
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2014 -178
CONTRACT
ON -SITE AUDIOVISUAL TECHNICIAN SERVICES
THIS AGREEMENT is entered into as of December 9, 2014, by and between the CITY OF
ROHNERT PARK ( "City "), a California municipal corporation, and Petaluma Community Access
( "Contractor "),
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WHEREAS, City desires to obtain services for on -site audio /visual technician services; and
WHEREAS, Contractor hereby warrants to the City that Contractor is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Contractor pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as
follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined terms set forth in
such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this
Agreement as if set forth herein in full.
2. Project Coordination.
A. City. The City Manager or his /her designee, shall represent City for all purposes
under this Agreement. The Information Systems Manager is hereby designated as the Project
Manager. The Project Manager shall supervise the progress and execution of this Agreement.
B. Contractor. The Contractor shall assign John Bertucci, Executive Director to
have overall responsibility for the progress and execution of this Agreement.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the City
through its staff may determine from time to time, Contractor shall perform the services set out in the
"Scope of Services" attached hereto as Exhibit A and incorporated herein by reference.
B. Time of Performance. The services of Contractor are to commence upon receipt
of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement
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from City and obtaining and delivering the required insurance coverage, and satisfactory evidence
thereof, to City. Contractor shall perform its services in accordance with the schedule attached hereto
as Exhibit A, and incorporated herein by reference. Any changes to these dates in either this Section 3
or Exhibit A must be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of Contractor as a
material inducement to entering into this Agreement. All work performed by Contractor under this
Agreement shall be in accordance with all applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Contractor's field of expertise.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Contractor shall be at the rate
and schedules attached hereto as Exhibit A. Payment by City under this Agreement shall not be
deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of
payment.
B. Timing oL f Payment. Contractor shall submit itemized monthly statements for
work performed. City shall make payment, in full, within thirty (30) days after approval of the invoice
by the Project Manager.
C. Changes in Compensation. Contractor will not undertake any work that will
incur costs in excess of the amount set forth in Paragraph 4(A) without prior written amendment to this
Agreement.
D. Taxes. Contractor shall pay all taxes, assessments and premiums under the
federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or
assessments now or hereafter in effect and payable by reason of or in connection with the services to
be performed by Contractor.
E. No Overtime or Premium Pay. Contractor shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per
work week, or work performed during non - standard business hours, such as in the evenings or on
weekends. Contractor shall not receive a premium or enhanced pay for work performed on a
recognized holiday. Contractor shall not receive paid time off for days not worked, whether it be in the
form of sick leave, administrative leave, or for any other form of absence.
F. Litigation Support. Contractor agrees to testify at City's request if litigation is
brought against City in connection with Contractor's work product. Unless the action is brought by
Contractor or is based upon Contractor's negligence, City will compensate Contractor for the
preparation and the testimony at Contractor's standard hourly rates, if requested by City and not part of
the litigation brought by City against Contractor.
5. Amendment to Scope of Work. City shall have the right to amend the Scope of Work
within the Agreement by written notification to the Contractor. In such event, the compensation and
time of performance shall be subject to renegotiation upon written demand of either party to the
Agreement. Contractor shall not commence any work exceeding the Scope of Work without prior
written authorization from the City. Failure of the Contractor to secure City's written authorization for
extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price
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or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without
the appropriate City authorization.
6. Term. This Agreement is for a three (3) year term beginning January 1, 2015 to
December 31, 2018, with the option for an additional two (2) year extension upon written agreement of
both parties.
7. Inspection. Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of Contractor are being performed in accordance with the requirements and
intentions of this Agreement. All work done shall be subject to the Project Manager's inspection and
approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill
the Agreement as prescribed.
8. Ownership of Documents. Title to all plans, specifications, maps, estimates, reports,
manuscripts, drawings, descriptions and other final work products compiled by the Contractor under the
Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person,
firm, corporation, or agency without the expressed written consent of the City. Basic survey notes and
sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made
available, upon request, to City without restriction or limitations on their use. Contractor may retain
copies of the above - described information but agrees not to disclose or discuss any information gathered,
discussed or generated in any way through this Agreement without the written permission of City during
the term of this Agreement, unless required by law.
9. Ein to ment of Other Contractors Specialists or F.x errs. Contractor will not employ
or otherwise incur an obligation to pay other Contractors, specialists or experts for services in
connection with this Agreement without the prior written approval of the City.
10. Conflict of Interest.
A. Contractor covenants and represents that neither it, nor any officer or principal
of its firm, has, or shall acquire any investment, income, business entity, interest in real property, or
other interest, directly or indirectly, which would conflict in any manner with the interests of City,
hinder Contractor's performance of services under this Agreement, or be affected in any manner or
degree by performance of Contractor's services hereunder. Contractor further covenants that in the
performance of the Agreement, no person having any such interest shall be employed by it as an
officer, employee, agent, or subcontractor without the express written consent of the City. Contractor
agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the
interests of the City in the performance of the Agreement.
B. Contractor is not a designated employee within the meaning of the Political
Reform Act because Contractor:
(1) will conduct research and arrive at conclusions with respect to its
rendition of information, advice, recommendation, or counsel independent of the control and direction
of the City or of any City official, other than normal contract monitoring; and
(2) possesses no authority with respect to any City decision beyond the
rendition of information, advice, recommendation, or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
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11. Liability of Members and Employees of City. No member of the City and no other
officer, elected official, employee or agent of the City shall be personally liable to Contractor or
otherwise in the event of any default or breach of the City, or for any amount which may become due
to Contractor or any successor in interest, or for any obligations directly or indirectly incurred under
the terms of this Agreement.
12. Indemnity. To the fullest extent permitted by law, Contractor hereby agrees to defend
(by counsel reasonably satisfactory to the City), indemnify, and hold harmless the City, its officers,
elected officials, employees, agents, and volunteers from and against any and all claims, demands,
damages, costs, liabilities, or obligations brought on account of or arising out of any acts, errors, or
omissions of Contractor, its officers, employees, agents, and subcontractors undertaken pursuant to this
Agreement excepting liabilities due to the sole negligence or willful misconduct of City. The City has
no liability or responsibility for any accident, loss, or damage to any work performed under this
Agreement whether prior to its completion and acceptance or otherwise. Contractor's duty to
indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in
California Civil Code § 2778. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable by or for Contractor under
Worker's Compensation, disability or other employee benefit acts or the terms, applicability or
limitations of any insurance held or provided by Contractor and shall continue to bind the parties after
termination/completion of this agreement. This indemnification shall be regardless of and not in any way
limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed
by law and shall survive the termination of this agreement.
13. Contractor Not an Agent ent of City. Contractor, its officers, employees and agents shall
not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that Contractor, in the performance of
the work and services agreed to be performed by Contractor, shall act as and be an independent
contractor and not an agent or employee of City; and as an independent contractor, Contractor shall
obtain no rights to retirement benefits or other benefits which accrue to City's employees, and
Contractor hereby expressly waives any claim it may have to any such rights.
15. Compliance with Laws.
A. General. Contractor shall use the standard of care in its profession to comply
with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor
represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals
which are legally required for Contractor to practice its profession. Except as otherwise allowed by
City in its sole discretion, Contractor and all sub - Contractors shall have acquired, at their expense, a
business license from City in accordance with Chapter 5.04 of the Rohnert Park Municipal Code prior
to City's issuance of an authorization to proceed with the Services. Such license(s) must be kept valid
throughout the term of this Agreement. The City is not responsible or liable for Contractor's failure to
comply with any or all of the requirements contained in this paragraph.
B. Workers' Compensation. Contractor certifies that it is aware of the provisions
of the California Labor Code which require every employee to be insured against liability for workers'
compensation or to undertake self - insurance in accordance with the provisions of that Code, and
Contractor certifies that it will comply with such provisions before commencing performance of the
Agreement and at all times in the performance of the Agreement.
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C. Prevailing Wage. Contractor and Contractor's sub - Contractors (if any) shall, to
the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to
workers and professionals as determined by the Director of Industrial Relations of the State of
California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable
wage determination are on file at the City's office of the City Clerk.
D. hJury and Illiaess_ Prevention Pro ram. Contractor certifies that it is aware of
and has complied with the provisions of California Labor Code § 6401.7, which requires every
employer to adopt a written injury and illness prevention program.
E. City Not Responsible. City is not responsible or liable for Contractor's failure
to comply with any and all of its requirements under this section and Agreement.
F. Waiver of Subro ag tion. Contractor and Contractor's insurance company agree
to waive all rights of subrogation against City, its officers, elected officials, employees, agents and
volunteers for losses paid under Contractor's workers' compensation insurance policy which arise from
the work performed by Contractor for the City.
16. Confidential Information. All data, documents, discussions or other information
developed or received by or for Contractor in performance of this Agreement are confidential and not
to be disclosed to any person except as authorized by the City, or as required by law.
17. Assignment-, Subcontractors; Employees
A. Assignment. Contractor shall not assign, delegate, transfer, or convey its duties,
responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same
or any part thereof without the City's prior written consent. Any assignment without such approval
shall be void and, at the City's option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Contractor shall be responsible for employing or
engaging all persons necessary to perform the services of Contractor hereunder. No subcontractor of
Contractor shall be recognized by the City as such; rather, all subcontractors are deemed to be
employees of the Contractor, and Contractor agrees to be responsible for their performance.
Contractor shall give its personal attention to the fulfillment of the provisions of this Agreement by all
of its employees and subcontractors, if any, and shall keep the work under its control. If any employee
or subcontractor of Contractor fails or refuses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from
the work under this Agreement on demand of the Project Manager.
18, Insurance. Without limiting Contractor's indemnification provided herein, Contractor
shall comply with the requirements set forth in Exhibit C to this Agreement.
19. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any time,
with or without cause, by the City and / or Contractor upon 30 days' written notice.
B. If Contractor fails to perform any of its obligations under this Agreement within
the manner herein provided or otherwise violate any of the terms of this Agreement, in addition to all
other remedies provided by law, City may terminate this Agreement immediately upon written notice.
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In such event, Contractor shall be entitled to receive as full payment for all services satisfactorily
rendered incurred hereunder, an amount which bears the same ratio to the total fees specified in the
Agreement as the services satisfactorily rendered hereunder by Contractor bear to the total services
otherwise required to be performed for such total fee; provided, however, that the City shall deduct
from such amount the amount of damages, if any, sustained by City by virtue of the breach of the
Agreement by Contractor.
C. In the event this Agreement is terminated by City without cause, Contractor
shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being
understood that any payments are full compensation for services rendered prior to the time of payment.
20. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this
Agreement. Contractor will be paid for satisfactory Services performed through the date of temporary
suspension.
21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement
of the agreement between the City and Contractor and shall supersede all prior negotiations,
representations, or agreements, either written or oral. This document may be amended only by written
instrument, signed by both the City and Contractor. All provisions of this Agreement are expressly
made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint
drafting effort and no provisions shall be interpreted against a party on the ground that said party was
solely or primarily responsible for drafting the language to be interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs and
expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the court will
not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the
full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
24. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing and
either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be
addressed to the other party at the address set forth below. Either party may change its address by
notifying the other party of the change of address. Notice shall be deemed communicated within 72
hours from the time of mailing if mailed as provided in this section.
If to City: City of Rohnert Park
City Manager
130 Avram Avenue
Rohnert Park, CA 94928
If to Contractor: Petaluma Community Access
John Bertucci, Executive Director
205 Keller Street, Suite 201
Petaluma, CA 94952
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25. Records. Contractor shall maintain adequate records of contract performance costs,
expenses, etc., and make these records available for inspection, audit, and copying by the City during the
agreement period and for a period of three (3) years from the date of final payment.
26. Agreement Binding. The terms, covenants, and conditions of this Agreement shall
apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of
both parties.
27. Equal Employment Opportunity. Contractor is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. Contractor will not discriminate against any employee or applicant for employment
because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Contractor
will take affirmative action to ensure that applicants are treated during such employment without
regard to race, age, sex, creed, color, sexual orientation, marital status, or national origin. Such action
shall include, but shall not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; lay -offs or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Contractor further agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
28. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than the Contractor.
29. Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder.
30. Severability. If any one or more of the provisions contained herein shall for any reason
be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be
deemed severable from the remaining provisions hereof, and such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if
such invalid, illegal, or unenforceable provision had not been contained herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Services /Fees
B. Exhibit B: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall
not be necessary to produce or account for more than one such counterpart.
33. News Releases /Interviews. All Contractor and sub - Contractor news releases, media
interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized
by the City.
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34. Applicable Law, Venue. This Agreement shall be construed and interpreted according
to California law. In the event that suit shall be brought by either party hereunder, the parties agree
that trial of such action shall be held exclusively in a state court in the County of Sonoma, California.
35. Authority. Each individual executing this Agreement on behalf of one of the parties
represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party
and that this Agreement is binding on such party in accordance with its terms.
36. STATENII' NT OF ECONOMIC INTEREST. If City determines Contractor comes
within the definition of Contractor under the Political Reform Act (Government Code §87100),
Contractor shall complete and file and shall require any other person doing work under this Agreement
to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park
disclosing Contractor and /or such other person's financial interests.
IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date first
above written.
CITY OF ROI NERT PARK PETALUMA COMMUNITY ACCESS
By: -
City Manager
Date:
Per Resolution No. 2014- adopted by the
Rohnert Park City Council at its meeting of
December 9, 2014
ATTEST:
C
City Clerk
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By:
Title:
Date:
EXHIBIT A
Scope of Services / Fee Schedule
CONTRACTOR AGREES TO:
• Engage, train and supervise a professionally conscientious and reliable pool of
audio /visual technicians dedicated to the task.
• Provide routine maintenance monitoring and upkeep of equipment and inform City
immediately of any known or suspected problems or issues. City retains responsibility for
the technical integrity, head -end connectivity or quality of the video recording and
broadcasting equipment installed in the Rohnert Park City Hall.
• Provide qualified operators to record all regularly scheduled meetings, and specially
scheduled meetings with 72 hours or more notice.
• Provide services as designated for: Regular Meeting coverage, Special Meeting coverage,
Minor Technical support, City Staff training
• Commence work 30 days from the date the contract is awarded. This delay is required for
the training of PCA employees and to establish full understanding of basic technical
functions and procedural operations onsite. PCA assumes "broadband VPN inbound" to
permit eventual remote access to the control room for Rohnert Park government
meetings.
• PCA to provide one (1) technician on -site for all designated meetings. A second
technician will be made available as requested /required by the City.
CITY AGREES TO:
• Provide PCA regular notification by email for all meetings, even those convened on a
regular basis, to be sent to the PCA Executive Director and Meeting Coverage
Coordinator. A minimum of 3 days' notice for all meetings.
• City to provide video recording and broadcasting equipment installed at Rohnert Park
City Hall.
FEE SCHEUDLE:
• Hourly rate of $60.00 for one (1) technician and $90.00 per hour for two (2) technicians
• Not to exceed $15,000 per contract year
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• PCA would also bill City of Rohnert Park at the same hourly rate for any set -up and shut-
down time required
• DVDs produced in the operation of duties, at $15 per duplication.
• Operators generally arrive 30 minutes prior to meetings and remain 30 minutes
afterwards.
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EXHIBIT B
(Insurance Requirements)
The following parties or entities shall be listed as additional insured by endorsement:
The City of Rohnert Park, its officers, elected officials, employees, agents and
volunteers. Contractors shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor,
his agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in the Contractor's bid. The Notice to Proceed with the work will not
be issued, and the Contractor shall not commence work, until such insurance has been
approved by the City. Such insurance shall remain in full force and effect at all times
during the prosecution of the Work and until the final completion and acceptance
thereof. In addition, the Commercial General Liability Insurance shall be maintained for
a minimum of five (5) years ** after final completion and acceptance of the Work. It shall
be the Contractor's responsibility to ensure that proof of insurance is sent to the City
during this time. The Notice to Proceed does not relieve the Contractor of the duty to
obtain such insurance as required herein.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, Code 1 "any auto" or the exact equivalent. If
Contractor owns no vehicles, this requirement may be satisfied by a non -
owned auto endorsement to the general liability policy described above. If
Contractor or Contractor's employee(s) will use personal autos in any way
on this project, Contractor shall provide evidence of personal auto liability
coverage for each such person.
3. Workers' Compensation and Employers Liability: Workers' Compensation
on a state - approved policy form providing statutory benefits as required
by law with employers' liability insurance, with minimum limits of One
Million Dollars ($1,000,000) per occurrence.
4. Course of Construction insurance coverage shall provide "all risk"
coverage for the completed value of the project. Policies shall contain the
following provisions:
a. The City shall be named as loss payee, and
b. The insurer shall waive all rights of subrogation against the City.
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Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subsection (b) of Section 2782 of
the Civil Code.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. Commercial General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage and $2,000,000 general aggregate. It
is permissible to use excess /umbrella coverage to meet limit requirements
provided the umbrella policies are appropriately endorsed and meet all
other requirements. Additionally, a letter clearly identifying the primary
policy or policies to which the excess umbrella coverage applies shall be
submitted attesting to the following: "Umbrella or excess liability policies
shall provide coverage at least as broad as specified for underlying coverage's and
covering those insured in the underlying policies. Coverage shall be "pay on
behalf ", zoith defense costs payable in addition to policy limits. There shall be no
cross liability exclusion of claims or suits by one insured against another."
2. Automobile Liability: $2,000,000 combined single limit per accident for
bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' Compensation
providing statutory benefits as required by the Labor Code of the State of
California with employers liability insurance, with minimum limits of
$1,000,000 per accident or disease.
4. Course of Construction insurance coverage shall provide "all risk"
coverage for the completed value of the project. Policies shall contain the
following provisions:
a. The City shall be named as loss payee, and
b. The insurer shall waive all rights of subrogation against the City.
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by
the City. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self- insured retentions as respects the City, its officers,
elected officials, employees, agents, and volunteers; or the Contractor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions
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The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverage's
a. The City, its officers, elected officials, employees, agents and
volunteers are to be covered as insured's as respects: liability
arising out of activities performed by or on behalf of the
Contractor, including the insured's general supervision of the
Contractor; products and completed operations of the Contractor,
premises owned, occupied or used by the Contractor, or
automobiles owned, leased, hired or borrowed by the Contractor.
The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, elected officials,
employees, agents or volunteers.
b. The Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, elected officials, employees, agents
and volunteers. Any insurance or self- insurance maintained by the
City, its officers, elected officials, employees, agents or volunteers
shall be in excess of Contractor's insurance and shall not contribute
with it.
C. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, elected
officials, employees, agents or volunteers.
d. The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
I Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, elected officials, employees, agents and volunteers for losses
arising from work performed by Contractor for the City.
3. All Coverage's
a. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
b. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an
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agreement to indemnify the additional insured would be invalid
under Subsection (b) of Section 2782 of the Civil Code.
4. Course of Construction policies shall contain the following provisions:
a. The City shall be named as loss payee.
b. The insurer shall waive all rights of subrogation against the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than ANII
or as approved by the City.
F. Verification of Coverage
Contractor shall furnish the City with certificates of insurance and with original
endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificates and endorsements
are to be on forms provided by the City. Where by statute, the City's workers'
compensation - related forms cannot be used, equivalent forms approved by the
Insurance Commissioner are to be substituted. All certificates and endorsements
are to be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance
policies, at any time.
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CERTIFICATE OF CONTRACTOR
I HEREBY CERTIFY that I am the
authorized representative of the firm of
whose address is _
neither I nor the above firm I here represent has:
, and a duly
and that
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above Contractor) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
C) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above Contractor) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date
Signature
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