HomeMy WebLinkAboutCM Illegal Dumping Mitigation Services Agreement____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 02/18/2025
Disposition: Adopted Resolution 15369
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager, Sustainability Division
Prepared by: Cory Bytof
Sustainability Program Manager
City Manager Approval: ___
TOPIC: ILLEGAL DUMPING MITIGATION SERVICES AGREEMENT
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH GIGANTIC IDEA STUDIOS FOR
ILLEGAL DUMPING MITIGATION IN AN AMOUNT NOT TO EXCEED $100,000 AND
APPROPRIATING $100,000 FROM THE GENERAL FUND TO THE SUSTAINABILITY
DIVISION BUDGET
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to enter into a
professional services agreement with Gigantic Idea Studios for illegal dumping mitigation in an amount
not to exceed $100,000 and appropriating $100,000 to the Sustainability Division budget.
BACKGROUND:
At the November 4, 2024, City Council meeting, the City Council approved an amendment to the
franchise agreement with Marin Sanitary Service and authorized maximum rates to be collected by
Marin Sanitary Service for solid waste services that included funding for illegal dumping programs.
These included a comprehensive suite of activities to provide bulky item collection at multifamily
residences, outreach and engagement to residents and property owners, and enforcement activities,
among other things. These were developed in partnership with Marin Sanitary Service, a City Council
subcommittee, a cross-departmental team from several departments, and interested community
members and organizations. Critical to the success of these initiatives is ensuring residents and property
owners know what is available to them, how to use these services, and what the consequences are for
dumping bulky items on public property.
ANALYSIS:
Gigantic Idea Studios is a Bay Area consulting and communications firm that has been involved in the
City’s illegal dumping programs for several years and has successfully provided strategy consultation,
outreach services, and content development for community engagement. Examples of their work
include creating and mailing the monthly bulky item day postcards, creating and mailing the “What to do
with Unwanted Stuff” flyers, and conducting surveys and focus groups.
Agenda Item No: 4.b
Meeting Date: February 18, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
City staff and Marin Sanitary Service have valued their input and services and wish to continue
contracting with them to provide additional services for the 2025 calendar year. For this year, staff wish
to utilize their services to plan, design, print, and mail updated bulky item collection promotional and
educational materials and the “What to do with Unwanted Junk” flyers to multifamily landlords and
tenants and assist with community engagement related to illegal dumping programs.
If approved, these services will be essential in making sure the illegal dumping program is successful
this year and that residents and property owners take advantage of the resources to reduce illegal
dumping in San Rafael.
FISCAL IMPACT:
The cost of services is a not-to-exceed amount of $100,000 based on the budget approved during the
Marin Sanitary Service rate hearing at the November 4, 2024, City Council meeting. These funds will
be paid out of the General Fund but will be fully reimbursed by Marin Sanitary Services through quarterly
billing, as provided through the City’s franchise agreement with Marin Sanitary Services.
OPTIONS:
The City Council has the following options to consider relating to this item:
1.Adopt the resolution as presented.
2.Adopt the resolution as amended.
3.Direct staff to return with additional information.
ATTACHMENTS:
1.Resolution
2.Gigantic Idea Studios Scope of Work Proposal
3.Draft Professional Services Agreement
RESOLUTION NO. 15369
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH GIGANTIC IDEA STUDIOS FOR
ILLEGAL DUMPING MITIGATION IN AN AMOUNT NOT TO EXCEED $100,000 AND
APPROPRIATING $100,000 FROM THE GENERAL FUND TO THE SUSTAINABILITY
DIVISION BUDGET
WHEREAS, the City of San Rafael is in partnership with Marin Sanitary Service to
provide services to property owners and tenants to reduce illegal dumping and has
funding from Marin Sanitary Service to provide such service; and
WHEREAS, the City Council of the City of San Rafael recently approved an
amendment to the franchise agreement with Marin Sanitary Service, which provides for
funding for illegal dumping programs implemented by the City of San Rafael; and
WHEREAS, the City of San Rafael requires outside professional services to create
content for and conduct community engagement related to these illegal dumping programs;
and
WHEREAS, Gigantic Idea Studios is qualified to perform the work because they
have successfully developed content for illegal dumping for the City of San Rafael in
partnership with Marin Sanitary Service and the City wishes to continue utilizing their
services for calendar year 2025;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby authorizes the City Manager to execute an Agreement for Professional
Services between the City and Gigantic Idea Studios, in an amount not to exceed $100,000;
and BE IT FURTHER RESOLVED that the City Council of the City of San Rafael authorizes a
supplemental budget appropriation of $100,000 within the General Fund supported by revenues
being collected through the amendment to the City’s franchise agreement with Marin Sanitary
Service.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of San Rafael, held on Tuesday, the 18th day of February 2025, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
Councilmembers: None
Councilmembers: None
_____________________
Lindsay Lara, City Clerk
SCOPE OF WORK
6 January 2025
TO: Cory Bytof, City of San Rafael
FROM: Kas Neteler and Laura-Lee Love, Gigantic Idea Studio, Inc.
PROJECT: 2025 San Rafael Illegal Dumping Mitigation MEO
Our work with the City of San Rafael in 2025 involves the tasks listed below with budget, time
frame and brief description. Project assumes no more than three rounds of proofs per task.
Any additional labor hours to be billed at the specified rate for that service. These rates are
listed in the Service Rates Table (page 3). Printing expense subject to change.
Client is responsible for providing Spanish translation services, if needed. Total budget not
to exceed $100,000.
Task 1: Outreach Strategy and Consulting
$10,000
Includes ongoing meetings, planning, strategy, facilitation, budgeting and reporting.
Labor: $10,000
•65 hours Project Management, Content, Facilitation @ $155/hr
Task 2: Collateral
$62,000
Labor: $20,000
•130 hours Content, Design and Project Management @ $155/hr
Expense: $42,000
Deliverables to include, as budget allows:
•Quarterly postcards for Bulky Waste Events: printing, mail prep, postage, shipping
of four postcards to combined 19,540 (Canal, Lincoln & BHGP residents); plus 1000
extras per postcard sent to client for distribution. Provide English and Spanish
versions.
•Print-ready 11 x 17 poster files for Bulky Waste Events in English and Spanish;
client to print as needed.
•Design and print “Free Drop-off” Coupons for MSS
•Design and print SFD version of MFD coupon
Attachment 1
2025 San Rafael Illegal Dumping Mitigation Pilot Project Page 2 of 2
580 2ND STREET, SUITE 230, OAKLAND, CA 94607 tel 510-451-5500 www.gigantic-idea.com
•Design collateral for MFD property managers.
•Reprint “What to do with Waste” and mail (bulk rate) to 13,000 MFD residents.
For all tasks, client to supply:
1)Spanish translation.
2)Mailing list which will be CASS-certified to standardize mailing addresses and run through
NCOA (National Change of Address) to ensure address is mailable. The “scrubbed” list
available by request.
Task 3: Outreach
$28,000
Labor: $27,200
•50 hours Content, Design, Facilitation and Project Management @ $155/hr
•162 hours Outreach Services @ $120/hr
•Provide outreach and promotion to MFD residents of 16 or fewer units to promote
bulky waste services (pick-up service)
•Property manager and business outreach.
Expense: $800
•Travel related expenses for meeting (e.g. mileage, bridge toll, parking, and meals)
2025 Service Rates Table
Service Rate
Content $155/hr
Design $155/hr
Production $120/hr
Project Management $155/hr
Facilitation $155/hr
Outreach $120/hr
Travel $60/hr
# # #
Rev. 08.22 1
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
GIGANTIC IDEA STUDIO, INC.
FOR 2025 ILLEGAL DUMPING CONSULTING SERVICES
This Agreement is made and entered into as of ________________________ (the
“Effective Date”), by and between the CITY OF SAN RAFAEL, a chartered California
municipal corporation (hereinafter "CITY"), and GIGANTIC IDEA STUDIO, INC., a
California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be
referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this
Agreement.”
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled “SCOPE OF SERVICES”; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide
certain goods and/or required services of the quality and type which meet objectives and
requirements of CITY; and
C. The Parties have specified herein the terms and conditions under which
such services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
1. SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement,
CONSULTANT shall furnish all technical and professional services, including labor,
material, equipment, transportation, supervision and expertise (collectively referred to as
“Services”) to satisfactorily complete the work required by CITY at its sole risk and
expense. Services to be provided to CITY are more fully described in Exhibit A entitled
“SCOPE OF SERVICES.” CONSULTANT acknowledges that the execution of this
Agreement by CITY is predicated upon representations made by CONSULTANT in that
certain proposal, dated January 6, 2025 (“Proposal”) set forth in Exhibit A, which
constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT’s complete performance of Services, CITY
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shall pay CONSULTANT for all materials provided and services rendered by
CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for
a total amount not to exceed $100,000.
CONSULTANT will bill City on a monthly basis for Services provided by
CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay
CONSULTANT within thirty (30) days of City’s receipt of invoice.
3. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is
subsequently modified by a written amendment to this Agreement, the term of this
Agreement shall begin on the Effective Date of this Agreement and terminate on January
31, 2026.
4. PROJECT COORDINATION.
A. CITY’S Project Manager. The City Manager shall be the representative of
the CITY for all purposes under this Agreement. Sustainability Program Manager Cory Bytof
is hereby designated the PROJECT MANAGER for the CITY and said PROJECT
MANAGER shall supervise all aspects of the progress and execution of this Agreement.
B. CONSULTANT’S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Kas Neteler is hereby designated as the PROJECT
DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the
CONSULTANT shall notify the CITY within ten (10) business days of the substitution.
5. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15)
days written notice mailed or personally delivered to the other party, and the notified party's
failure to cure or correct the cause of the termination, to the reasonable satisfaction of the
party giving such notice, within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior
written consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONSULTANT and any and all of CONSULTANT's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall
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be delivered to CITY as soon as possible, but not later than thirty (30) days after termination.
6. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection
with the performance of its duties under this Agreement, shall be the sole property of CITY.
CITY may use said property for any purpose, including projects not contemplated by this
Agreement.
7. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent,
for inspection and audit, all documents and materials maintained by CONSULTANT in
connection with its performance of its duties under this Agreement. CONSULTANT shall
fully cooperate with CITY or its agent in any such audit or inspection.
8. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement
nor the performance of any of their respective obligations hereunder, without the prior written
consent of the other party, and any attempt to so assign this Agreement or any rights, duties
or obligations arising hereunder shall be void and of no effect.
9. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY
insurance policies with respect to employees and vehicles assigned to the performance
of Services under this Agreement with coverage amounts, required endorsements,
certificates of insurance, and coverage verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section,
CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend
with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees
and volunteers (collectively, the “City Indemnitees”), from and against any claim,
demand, suit, judgment, loss, liability or expense of any kind, including but not limited to
attorney's fees, expert fees and all other costs and fees of litigation, (collectively
“CLAIMS”), arising out of CONSULTANT’S performance of its obligations or conduct of
its operations under this Agreement. The CONSULTANT's obligations apply regardless
of whether or not a liability is caused or contributed to by the active or passive negligence
of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's
indemnification obligation shall be reduced in proportion to the City Indemnitees’ share
of liability for the active negligence or willful misconduct. In addition, the acceptance or
v 08.22 4
approval of the CONSULTANT’s work or work product by the CITY or any of its directors,
officers or employees shall not relieve or reduce the CONSULTANT’s indemnification
obligations. In the event the City Indemnitees are made a party to any action, lawsuit,
or other adversarial proceeding arising from CONSULTANT’S performance of or
operations under this Agreement, CONSULTANT shall provide a defense to the City
Indemnitees or at CITY’S option reimburse the City Indemnitees their costs of defense,
including reasonable attorneys’ fees, incurred in defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement
are design professional services to be performed by a design professional as that term is
defined under Civil Code Section 2782.8, then, to the extent permitted by law including
without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall
indemnify and hold harmless the CITY and its officers, officials, and employees
(collectively City Indemnitees) from and against damages, liabilities or costs (including
incidental damages, Court costs, reasonable attorney’s fees as may be determined by
the Court, litigation expenses and fees of expert witnesses incurred in connection
therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or
subcontractor or anyone directly or indirectly employed by them, or anyone for whom they
are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify
any indemnity shall not apply to the extent that such Liabilities are caused in part by the
negligence or willful misconduct of such City Indemnitee.
C. 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, and shall survive the termination or completion of this
Agreement for the full period of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis
of age, sex, race, color, religion, ancestry, national origin or disability in connection with or
related to the performance of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local
laws, ordinances, codes and regulations, in the performance of its duties and obligations
under this Agreement. CONSULTANT shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. CONSULTANT shall
release, defend, indemnify and hold harmless CITY, its officers, agents and employees from
any and all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes or regulations.
v 08.22 5
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create
in any third party, any benefit or right owed by one party, under the terms and conditions of
this Agreement, to the other party.
14. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by
personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the
date of personal delivery, or if mailed, upon the date of deposit with the United States Postal
Service. Notice shall be given as follows:
To CITY’s Project Manager:
Cory Bytof
Sustainability Program Manager
1400 Fifth Avenue
San Rafael, CA 94901
To CONSULTANT’s Project Director:
Kas Neteler
Principal
580 2nd Street, Suite 230
Oakland, CA 94607
15. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONSULTANT, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and
not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that
the status of CONSULTANT, its officers, agents and employees be that of an Independent
Contractor and not that of an employee of CITY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the
parties with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or
written, regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written
amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONSULTANT and the
CITY.
v 08.22 6
E. If any conflicts arise between the terms and conditions of this Agreement, and
the terms and conditions of the attached exhibits or the documents expressly incorporated
by reference, the terms and conditions of this Agreement shall control.
17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to
CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses,
assessments, unpaid checks or other amounts.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to
be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any
subsequent breach or violation of the same or other term, covenant, condition, ordinance,
law or regulation. The subsequent acceptance by either party of any fee, performance, or
other consideration which may become due or owing under this Agreement, shall not be
deemed to be a waiver of any preceding breach or violation by the other party of any term,
condition, covenant of this Agreement or any applicable law, ordinance or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable
costs (including claims administration) and attorney's fees expended in connection with such
action.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a
CITY business license as required by the San Rafael Municipal Code, and CONSULTANT
shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not
be required to pay for any work performed under this Agreement, until CONSULTANT has
provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer
Identification Number and Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or
termination) of this Agreement shall remain in effect until fulfilled and shall apply to both
Parties’ respective successors and assigns.
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22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one document. Counterpart signature pages may be delivered by telecopier,
email or other means of electronic transmission.
[Signatures are on the following page.]
v 08.22 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day,
month and year first above written.
CITY OF SAN RAFAEL:
_________________________________
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_________________________________
By: ANDREA VISVESHWARA,
Chief Assistant City Attorney
ATTEST:
City Clerk
_________________________________
LINDSAY LARA, City Clerk
CONSULTANT:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If CONSULTANT is a corporation, add
signature of second corporate officer]
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
Rev. 08.22 A-1
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more
fully described in CONSULTANT’s proposal, which is attached to this Exhibit A.
Rev. 08.22 B-1
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY
insurance policies with respect to employees and vehicles assigned to the performance
of Services under this Agreement with coverage amounts, required endorsements,
certificates of insurance, and coverage verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT
shall maintain, at no expense to CITY, the following insurance policies:
1. Commercial general liability. A commercial general liability
insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal
injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles)
insurance policy in the minimum amount of $300,000 per occurrence.
3. Professional liability. If any licensed professional performs any of the
services required to be performed under this Agreement, a professional liability insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million
dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's
performance of services under this Agreement. Where CONSULTANT is a professional not
required to have a professional license, CITY reserves the right to require CONSULTANT
to provide professional liability insurance pursuant to this section.
4. Workers’ compensation. If it employs any person, CONSULTANT
shall maintain workers’ compensation insurance, as required by the State of California,
with statutory limits, and employer’s liability insurance with limits of no less than one
million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT’s
workers’ compensation insurance shall be specifically endorsed to waive any right of
subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance or workers’ compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its
officers, agents, employees, and volunteers, as additional insureds (for both ongoing and
completed operations) under the policies.
2. The additional insured coverage under CONSULTANT’s insurance
policies shall be “primary and noncontributory” with respect to any insurance or coverage
v 08.22 B-2
maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for
any contribution. The “primary and noncontributory” coverage in CONSULTANT’S policies
shall be at least as broad as ISO form CG20 01 04 13.
3.Except for professional liability insurance or workers’ compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4.By execution of this Agreement, CONSULTANT hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONSULTANT may
acquire against CITY by virtue of the payment of any loss under such
insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to
effect this waiver of subrogation, but this provision applies regardless of whether or not
CITY has received a waiver of subrogation endorsement from the insurer.
5.If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less
than five years.
6.The insurance policies shall provide for a retroactive date of placement
coinciding with the Effective Date of this Agreement.
7.The limits of insurance required in this Agreement may be satisfied by
a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written
contract or agreement) before CITY’S own insurance or self-insurance shall be called upon
to protect it as a named insured.
8.It shall be a requirement under this Agreement that any available
insurance proceeds broader than or in excess of the specified minimum insurance coverage
requirements and/or limits shall be available to CITY or any other additional insured party.
Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage
and limits specified in this Agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy or proceeds available to the named insured;
whichever is greater. No representation is made that the minimum insurance requirements
of this Agreement are sufficient to cover the obligations of the CONSULTANT under this
Agreement.
9.CONSULTANT agrees to ensure that subcontractors, and any other
party involved with the Services, who is brought onto or involved in the performance of
the Services by CONSULTANT, provide the same minimum insurance coverage required
of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage
is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees
that upon request by CITY, all agreements with, and insurance compliance documents
v 08.22 B-3
provided by, such subcontractors and others engaged in the performance of Services will
be submitted to CITY for review.
10.CONSULTANT agrees to be responsible for ensuring that no
contract used by any party involved in any way with the Services reserves the right to
charge CITY or CONSULTANT for the cost of additional insurance coverage required by
this Agreement. Any such provisions are to be deleted with reference to CITY. It is not
the intent of CITY to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against CITY for payment of premiums or other
amounts with respect thereto.
C.Deductibles and SIR’s. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the CITY and
shall not reduce the limits of liability. Policies containing any self-insured retention (SIR)
provision shall provide or be endorsed to provide that the SIR may be satisfied by either the
named insured or CITY or other additional insured party. At CITY's option, the deductibles
or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's
satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney’s fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT
MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or
endorsement page listing all policy endorsements for the commercial general liability policy,
and (3) excerpts of policy language or specific endorsements evidencing the other insurance
requirements set forth in this Agreement. CITY reserves the right to obtain a full certified
copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise
this right shall not constitute a waiver of the right to exercise it later. The insurance shall be
approved as to form and sufficiency by the CITY.
