HomeMy WebLinkAbout2008-009 AGP Video 7-1
CITY OF ATASCADERO
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, IlpRA
1918 A 1979
\ATASCAu %
CONTRACT FOR
AGP Video, Inc.
for
BROADCASTING AND CABLE CHANNEL MANAGEMENT SERVICES
B
191g _. � 1978
CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
AGP Video, Inc.
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and AGP Video, Inc. ("Contractor"). City and Contractor agree
as follows:
I SCOPE AND STANDARDS:
A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to
be incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Contractor for the
performance of services pursuant to this Contract shall remain employees of Contractor, shall
at all times be under the direction and control of Contractor, and shall not be considered
employees of City. All persons employed by Contractor to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Contractor employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
rev 5/1/06 1
792119.3
City of Atascadero
AGP Video, Inc.
B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Contractor are to commence upon execution of this Contract by City,
and shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this
Contract shall terminate no later than April 1, 2009, unless extended by the mutual agreement
of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Contractor at the time City's express written authorization signed by the City
Manager is given to Contractor for the performance of said services.
rev 5/1/06 2
792119.3
City of Atascadero
AGP Video, Inc.
5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Contractor shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Contractor may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Contractor is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Contractor's performance shall not in any manner be subject to any bargaining
agreement(s) or any other agreement(s) the Contractor may have covering and/or with is
employees.
C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort
to maintain the stability and continuity of Contractor's staff assigned to perform the services
required under this Contract. Contractor shall notify City of any changes in Contractor's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Contractor shall be
compensated for non-disputed fees under the terms of this Contract up to the date of
termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Contractor shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Contractor, and the City may withhold any
payments due to Contractor until such time as the exact amount of damages, if any, due the
City from Contractor is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
rev 5/1/06 3
792119.3
City of Atascadero
AGP Video, Inc. _
7. CHANGES:
The City or Contractor may, from time to time, request changes in the scope of the
services of Contractor to be performed hereunder. Such changes, including any increase or
decrease in the amount of Contractor's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be
incorporated in written amendments to this Contract. Any increase in the amount of
Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in
advance by the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Contractor under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Contractor shall have no property right
therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the
materials prepared by the Contractor if used for purposes other than those expressly set forth
in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Contractor to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may
be provided by court order. Contractor will be allowed to retain copies of all deliverables.
B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST:
A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has
or shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Contract. Contractor further covenants that in the performance of this Contract, Contractor
shall take reasonable care to ensure that 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 Manager. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
rev 5/1/06 4
792119.3
City of Atascadero
AGP Video, Inc. .
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Contractor pursuant to performance of this Contract are confidential and Contractor agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non-releasing
party's attorney's fees and disbursements, including without limitation expert's fees and
disbursements.
C. COOPERATION. City and Contractor shall promptly notify the other party should
Contractor or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Contractor each retains the right, but has no
obligation, to represent the other party and/or be present at any deposition, hearing or similar
proceeding. Contractor and City agree to cooperate fully with the other party and to provide the
other party with the opportunity to review any response to discovery requests provided by
Contractor or City. However, City and Contractor's right to review any such response does not
imply or mean the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Contractor in providing these services are the property of Contractor and shall
remain the property of Contractor upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
rev 5/1/06 5
792119.3
City of Atascadero
AGP Video, Inc.
12. COMPLIANCE WITH LAW.-
A.
AW:A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions
Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The
City, its officials, officers, elected officials, appointed officials and employees shall not be liable
at law or in equity as a result of any failure of contractor to comply with this section.
B. PREVAILING WAGES. In the event it is determined that the Contractor is required
to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Contractor shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either
directly or indirectly employed by them, as it is for the negligent acts and omissions of persons
directly employed by Contractor.
14. ASSIGNABILITY:
Contractor shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Contractor from the
City under this Contract may be assigned to a financial institution, but only with prior written
consent of the City Manager. Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City. The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
15. LIABILITY OF CONTRACTOR:
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors. The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Contractor or its employees, agents, contractors or subcontractors.
rev 5/1/06 6
7921 19.3
City of Atascadero
AGP Video, Inc.
16. INDEMNIFICATION.-
A.
NDEMNIFICATION:A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same
are caused in whole or in part by any negligence or wrongful act, error or omission of
Contractor, willful misconduct, or recklessness of its officers, agents, employees or
subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in
the performance of professional services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than
in the performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Contractor or by any individual or entity for which contractor is legally liable,
including but not limited to officers, agents, employees or subcontractors of Contractor.
C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor in the performance of this agreement. In the event contractor fails to
obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Contractor and shall survive the termination of
this agreement or this section.
17. INSURANCE:
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit D attached to and part of this
agreement.
18. RECORDS:
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
rev 5/1/06 7
792119.3
City of Atascadero
AGP Video, Inc.
-F- ._
shall be clearly identified and readily accessible and in a form acceptable to the
City, which the City may specify and change from time to time. Contractor shall provide free
access to the representatives of City or its designees, at reasonable times, to such books and
records, shall give City the right to examine and audit said books and records, shall permit City
to make transcripts therefrom as necessary, and shall allow inspection of all work, data,
documents, proceedings, and activities related to this Contract. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of final
payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Contractor by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Contractor nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
rev 5/1/06 8
792119.3
City of Atascadero
AGP Video, Inc.
supersedes all prior understandings, agreements, courses of conduct, prior
dealings among the parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity to revise the provisions of this Contract and
to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6907 EI Camino Real
Atascadero, CA 93422
Contractor AGP Video, Inc.
Steve Mathiu, CEO
1600 Preston Lane
Morro Bay, CA 93442
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Contractor warrant and represent that they have the authority to execute this Contract on
behalf of their agency and further warrant and represent that they have the authority to bind
Contractor to the performance of its obligations hereunder.
rev 5/1/06 9
792119.3
City of Atascadero
AGP Video, Inc. .
AGREED to this day of G�G�'�- , 2008 by the parties as follows.
Approved as to form: AGP VIDEO, INC.
By:
Counsel for contractor Steve Mathieu,FE0
Approved as to form: CITY OF ATASCADERO
By: By:
Brian Pierik, City Attorney Wade G. McKinney, City Man tger
rev 5/1/06 10
792119.3
City of Atascadero
AGP Video, Inc. J�
_ .
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONTRACTOR
Steve Mathiu CEO, AGP Video, Inc.
rev 5/1/06 1 1
792119.3
EXHIBIT A
Scope of Work
• Unless otherwise requested, set up video and production equipment at regularly
scheduled council/redevelopment agency and planning commission meetings and
record and broadcast said meetings from the beginning to end of the meeting.
Regularly scheduled council/redevelopment agency meetings occur on the 2nd and 4th
Tuesdays of each month at 6:00 p.m. Regularly scheduled planning commission
meetings occur the 1St and 3rd Tuesdays of each month at 6:30 p.m.
• Special meetings (meetings other than regular meetings) of the City Council,
Redevelopment Agency or Planning Commission may be broadcast at the discretion of
the City Manager but will not automatically be broadcast as part of this agreement. The
City Manager will give AGP Video, Inc. 48 hours notice if a decision is made to
broadcast a special meeting.
• "Broadcast" shall include distributing the meeting live and as a recorded presentation
on cable systems, providing for live internet streaming, and supplying video archiving
services of past council meetings.
• Maintain all services necessary for cable broadcasting, recording, web-based video
archiving, and webcasting/internet streaming.
• Provide channel management and maintenance of the government television channel
including program scheduling, channel maintenance and support, and including
providing an interface with the cable company. Hardware costs associated with
Channel management and support will be borne by the City.
• Maintain and provide to the City a well-trained, attentive and conscientious staff to
operate live cameras and monitor broadcast quality when recording/broadcasting
council meetings.
• Provide a 24/7 response in the case an issue with the broadcasting/recording/video
streaming system arises.
658615.1
DRAFT 06/4/014:33 PM A-1
EXHIBIT B
Compensation and Method of Payment
• $750 will be charged per meeting. This fee covers set-up and 3.5 hours of meeting
time.
• For meetings in excess of 3.5 hours, a rate of $120 per hour will be charged, calculated
in 15-minute increments, rounded up.
• $500 will be charged monthly for channel management and maintenance of the
government television channel. This includes internet streaming and archiving until
December 1, 2008.
• After December 1, 2008, an additional fee of$750 per month will be charged for internet
streaming and archiving of meetings, if the City has not purchased equipment by this
date.
• $30 will be charged monthly after December 1, 2008 for rental of special broadcasting
equipment provided by AGP if the City has not purchased such equipment previous to
this date.
Invoices shall be submitted monthly by the 15th of the month for services rendered in the
previous month. Payment shall be made within twenty (20) days after receipt of a
complete and accurate invoice.
rev 5/1/06 B-2
792119.3
EXHIBIT C
Additional Provisions
1. While the City maintains ownership of all recordings, broadcasts, etc. AGP Video, Inc.
has permission to reproduce meetings on the City's behalf onto media at the request of
members of the public or the City.
rev 5/1/06 B-3
792119.3
EXHIBIT D
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor 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 and the results of that work by the Contractor, his agents, representatives,
employees or subcontractors.
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 covering Automobile Liability, code 1 (any
auto)
3. Workers' Compensation insuranc e as required by the State of California and Employer's
Liability insurance (for lessees with employees).
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability $1,000,000 per accident for bodily injury or disease.
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, officials, employees and volunteers; or the Lessee shall provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
rev 5/1/06 B-4
792119.3
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds with
respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the
contractor; and with respect toliability arising out of work or operations performed by on on
behalf of the Contractor including materials, parts or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85)
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be canceled by either party, except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City.
4. Coverage shall not extend to any indeminity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision(b) of Section 2782 of the Civil Code.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the City or on
other than the City's forms, provided those endorsements or policies conform to the requirements. 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, including
endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
rev 5/1/06 B-5
7921193
From. unknown Page: 313 Date: 5/6/2008 8:36:50 AM
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ACQRD� CERTIFICATE OF LIA13ILITY INSURANCEVLM DATE
UODC 05_06_2008
PRODUDER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MORRIS & GARRITANO INS AGY/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
132527 P: (866)467-8730 F! (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO BOX 33015
SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE
INSURED INSURER A:Hart f OY'Cl CasualtyIns Co
INSURER S:
AGP VIDEO NANCY CASTLE & STEVEN MATHIEU INSURER c,
390 PRESTON LN. # B INSURER D:
MORRO BAY CA 93442 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,-HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE Of!NS(.IRAAVE POLICV NUMBER POLICY RPPECNV! 7�tRAL
L/M7Ts
QEAFERAL LIABILITY OCCURRENCE 01 COO COO
A COMMERCIAL GENERAL LIABILITY 51 S$A NC4 5 3 6 02/17/08 DAMAGE(An ore fire) 4-10 0 O O O
CLAIM9 MADE A OCCUR EXP(Any One pereon) 91O O00
X General Liab ONAL&ADV INJURY 91 O O O COO
AGGREGATE 9� O O O O O O
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM PLOP Add 02, 000 , O O O
POLICY PRO jEcT X LOC
AUTOMOBILE LIABILITY
COMBAeD SINGLE UMI7
A ANY AUTO 51 ^SSA NC4636 02/17/08 02/17/09 (Ea acaident) s1 , Ot70, C00
ALL OWNED AUTOS
BODILY INJURY 8
SCHEDULED AUTOS IPer pereon)
X HIRED AUTOS
BODILY INJURY
X NON-OWNED AUTOS IPer aaaident) 0
PROPERTY DAMAGE 8
IPer...idem)
�o'LIARVrY AUTO ONLY-EA ACCIDENT 9
NY AUTO EA ACC 8
OTHER THAN
AUTO ONLY: AGO 0
FXCE88LL4BJL?V EACH OCCURRENCE 9
OCCUR CLAIMS MADE AGGREGATE 9
a
DEDUCTIBLE
a
RETENTION # L j
WORIMPSCOMMiVSATIONAND IAC STATU- OTH-
EMPLOYERS'LIABILITY
FR
E.L.EACH ACCIDENT d
E.L.DISEASE-EA EMPLOYEE 9
E.L.OISEASE-POLICY LIMIT 9
OTIKN
DESCRIPTION OF OPERA TIOAMA OCA 77ONS1VEM'OLE"XOLWIONS ADDED BY ENDORSEMENT/SPEMAL PROVISIONS
Those usual to the Insured' s Operations. Certificate holder is named-
Additional Insured per the Business Liability Coverage Form SS0008 , attached
to this policy.
CERTIFICATE HOLDER X I ADDITIONAL 011SURED;1MURERLETTER; A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Atascadero 30 DAYS WRITTEN NOTICE 110 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE
Attn: City Manager HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO
6907 E1 Camino Real OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
Atascadero, CA 93422
AU77fOR0ED REPRESEMATIVE
ACORD 25-S (7/97) ACORD CORPORATION 1988
This fax was received by GFI FAXmaker fax server. For more information,visit: httpJ/www.gfi.com
CEP L 0 S Do T"
STATE P C BWX 420PY 2AN "RANCM&A 94 142- D207
COMPENSATiON
s N —S L�R A N C E
CEPTIFICATE OF WORKER& COMPENSATIoN
ISSUE DATE 05-05-2008
Fl
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"PyKZA7± E 210.04-13-2009
04-13-2008VO4-11 2009
CITY OF ATASCADERO Q,
CITY MANAGER
690' EL CAMINO REAL,
ATASCADERO CA 93422-4206
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"I nc 0 q NZ soon " "WNAKI w me lwj cwem "m 0 Kv awmcc vown nx ce 1. Ke em m
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EMPLOYER'S LIARILITY LIMIT INCLUDING oErENSE COSTS; PER OCCURRENCE
ENDORSEMENT 01600 - NANCY CASTLE SE&TREAS EXCLUDED
FV P 0B-
AGP VIDEO INC SK
390 PRESTON LN
MOOR O DAY CA 03442
KA 2 B� PRINTED . 05-05-2008