HomeMy Public PortalAbout17) 9A Approval of Second Amendment with Southland Transit, Dial-A-Ride TransportationDATE :
TO:
FROM :
AGENDA
PARKS AND RECREATION DEPARTMENT ITEM 9.A.
MEMORANDUM
Jun e 6 , 2017
The Honorable City Co uncil
Bryan Cook , City Manager
By : Cathy Burroughs , Directo r of Parks and Recreation
SUBJECT: APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH
SOUTHLAND TRANSIT, INC . FOR DIAL -A-RIDE TRANSPORATION
SERVICES
RECOMMENDATION:
The City Council is requ ested to approve th e Second Amendme nt to th e Agreement to
Provid e Services with Southland Transit, In c . (ST I) for D ial -A-Ride (DAR) transportation
se rvic es (Atta ch me nt "A") and authori ze th e City Manager to execute the Amendment.
BACKGROUND:
1. On May 6 , 201 4 , the City Council approved a thre e-year Agreement (Agreement)
with STI to prov ide DAR transportation services through June 30 , 2017 . The
Agreement al lows for an additional two years , at o ne-year intervals , upon mutual
agreement by both parties .
2. On August 4 , 2015 , th e C ity Council approved the Frist Amendment to the
Agreement to provide DAR tran spo rtati o n services with STI to cov er th e add itional
costs assoc iated w ith exte nding th e hours of o pera t ion of th e Cit y's DAR
tran spo rtation program on Saturdays and Sundays as recommended by the Parks
and Recreation Commission .
3. On February 16 , 2017 , ST I provided a quote to th e City for DAR transportation
serv ices for Fi sca l Year (FY) 20 17-18 .
ANALYSIS:
Th e Ci ty is in th e third year of a three-year Agreement w ith STI to prov ide DAR
transportation se rvices . Section I -T erm of Agree ment specifies that t he scope of
se rvi ces shall be co mpl eted pursuant to th e schedule specified in Exhibit "A" -Scope of
Se rvice s .
City Council
June 6, 2017
Page 2 of 2
Exhibit "A" states that the Service Provider shall perform the services for a th ree-year
term starting July 1, 2014 through June 30 , 2017 . Exhibit "A " further states that , upon
mutual agreement by both parties , the Agreement may be extended for an additiona l two
yea rs at one-year interva ls .
Staff recommends extending the term of the Agreeme nt for an add iti ona l year at a cost
not to exceed $480 ,923. The quote from STI for FY 2017-18 is approximately 5% higher
tha n the cost for FY 2016-17 . 1.8 % of the increase is based on the COLA , the rema inder
is due to upcoming in c reases in the min imum wage . Californ ia 's min imum wage will
increa se from $1 0 .50/hour to $11 per hour on January 1, 2018 . The City of Los Ange les '
minimum wage will in crease to $12/hour on July 1, 2017 . Because STI provides
transportation services throug hout Southern Cal ifornia, including within t he Ci ty of Los
Angeles , they pay their workers the higher of th e mi nimum wages .
Since STI has take n over operatio ns of the City's DAR program , complaints have
substantially decreased . Between July 1 and Decem ber 31 , 2016 on ly one complaint
was received by staff and /or STI. STI is providing quality service to the commun ity and
has expressed an interest in continuing to do so at a reasonable cost.
CITY STRATEGIC GOALS:
Approval of the Second Amendment to the Agreement with STI w ill further the City 's
Strategic Goals of Good Governance and Q uality of Life.
FISCAL IMPACT :
Approval of this ite m is not expected to have an impact on the proposed FY 2017-18
budget. Sufficient funds have been pro posed to cover t his expense .
ATTACHMENT:
A. Second Amend ment to Agreeme nt to Provide Services-Southland Transit, Inc.
ATTACHMENT A
SECOND AMENDMENT TO
AGREEMENT TO PROVIDE SERVICES
by a nd between
t he
CITY OF TEMPLE CITY
and
SOUTHLAND TRANSIT, INC.
Date d ______ , 20 _
RIV #4840-1328-2571 vi
SECOND AMENDMENT TO AGREEMENT TO PROVIDE SERVICES
This Seco nd Amendme nt to Agreement to Provide Services ("Seco nd Amendme nt"'),
w hich is dated fo r refe rence as indicated o n the cover page, is he reby entered into by a nd
between the C ITY OF TE MPLE C ITY, a Califo rni a charter city ("·City"), and SOUTH LA D
T RA SIT, I C., a corpo ration ("·Service Prov ider'"), as follows:
RECITALS
A. C ity a nd Service Prov id er e ntered in a th ree-year Agreeme nt to Provid e Services on May
6, 20 14 ("Agreement"'). The Ag reement provides that Service Provider will provide
comp le te Dial-A-Ri de transportatio n se rvic es for a nd o n be half of C ity from July I, 20 14
t hro ug h June 3 0 , 2 017 .
B. C ity and Serv ice Provider approved a First A me ndm ent to the Agreeme nt o n August 4 ,
20 15 to cover additi ona l costs assoc iated w i th exte ndin g the hours of o peration of the City's
DAR transportatio n program o n Saturdays and und ays .
C. Sect io n I o f the Agreement (T E RM OF AGREEM ENT) provides that the Scope of
Services set fo rth in Exhi bit ··A" s ha ll be completed pursuant to the schedu le specified in
Exhibit ·'A ". Exhibit ·'A'. al lows fo r the Agreement to be extended for an additiona l two
years, at o ne-yea r interva ls u pon mutual agreement by both part ies. Service Prov ider has
provi d ed a quote fo r a o ne -yea r extension o f th e Agreement.
D. T hi s econd Amendment amend s Section 4 (a) to prov ide t hat the compensation for yea r
four (o ne yea r extens io n) w ill be $59.30 pe r ho ur , no t to exceed $48 0,923 .
E. T hi s Seco nd Ame ndm e nt a lso amend s Sectio n 16 o f t he Agreem e nt to m odify th e
ind e mnifi cation terms so th at they will compl y w ith new sta nd a rds req u ired of the City
by its in surers .
F. This Second Ame ndm ent fina ll y a me nds Section 17 of th e Agreement to modify certai n
language re lated to insurance to better comp ly w ith stand ard s req uired of the C it y by it s
in s urers .
OPERATIVE PROVISIONS
OW, TH E REFORE, in cons iderat io n ofthe pro mi ses made a nd recited he rei n , the
parties do he reby enter in to thi s Second Amendment w hi ch mo difi es a nd amends the Agreement
as fo ll ows:
I. AMENDMENT. The Agreeme nt is he re by m odified and ame nd ed as fo ll ows:
1.1 Compensation and Method of Pay ment. Section 4 (a) o f t he Agreement is
hereby amended as fo l lows:
RI V #4840-1328-2571 vI
S ubj ect to a ny limi tat io ns set forth in t h is A g reem e nt, C ity agrees to pay
Service Prov ider t he a mo unt s pecified in Exh ibit "B" Compensation an d
-2-
made a part of th is Agreement. Th e tota l compensation , includ in g
reimburse ment fo r actual expenses s hall not exceed $480.923 unle ss
additi ona l compensatio n is approved in writin g by the City Counci l or
C it y Man age r.
1.2 Indemnificatio n . Sect io n 16 of t he Agreement is hereby amended to read
as foll ows:
RIV #4840-1328-2571 vi
(a) Ind e mnification fo r Profe ss ion a l Liab ility. Wh e re th e law
es tab lishe s a profe ss iona l sta nd ard of care for Se rvice Prov ider 's s erv ices ,
to th e ful lest exte nt permitted by law, Serv ice Provider sha ll ind e mni fy,
protect, defend an d ho ld ha rm less City and an y and a ll of it s officials,
empl oyees and age nt s ('"Indemnified Partie s") fr om and agai nst any a nd
all liabilit y (i ncludin g liabili ty for c laim s, suits , action s, arbitra t io n
proceed in gs, admini str ative proceeding s, regulat ory pr oceedings, losses,
expen se s o r costs of an y kind , whether actual , a lle ged o r th reatened,
in cluding attorneys ' fe es and costs , co urt co s ts, int e re st , defense cos ts, and
expert wi tne ss fees) arise o ut of, are a consequence of, or a re in any way
attr ibutab le to, in who le or in part , any ne gligent o r wro ngfu l act, er ro r or
o mi ss ion of Se rv ice Prov ider , o r by any individual o r e nt ity for which
Serv ic e Prov ider is lega ll y liable, incl udi ng but no t limited to offi cers,
agents, e mpl oyees o r s ub -Service Provi ders of Se rv ice Pr ov ide r, in t he
pe rfo rm ance of pro fe ss iona l serv ices und er th is Agreeme nt.
(b) Ind em ni fica ti o n fo r Oth e r than Profess io nal Liability . Other than
in the performance of professional se rvice s and to the fu ll extent permitted
by law , ervice Prov id e r sha ll in demnify, protect, defe nd and ho ld
harml ess C ity, and an y a nd al l of its e mp loyees, offic ials and agen ts from
a nd again st any li ab ilit y (includin g liabilit y for claims , s uits. actions,
arbitrati o n proceedings, administrative pr oceedin gs, re gulatory
proceedin gs, losses, ex pe nses o r cost s of an y kind , whet her actual, a ll eged
or threatened , in c ludin g atto rn eys' fee s and costs, cou rt costs, intere st,
defen se costs, a nd expe rt w itn ess fees), w he re the same ari se o ut of, are a
co nse qu e nce of, o r are in a ny way att ri buta bl e to, in w ho le or in part , the
pe rfo rm a nce of t hi s A gree ment by Service Prov ide r o r by any indi v idual
or entity fo r whi ch Se r vice Prov ider is lega lly liable, includin g but not
li mited t o offic ers, agent s, emp loyees o r su b-S ervice Prov iders o f Serv ice
Prov ider.
(c) In d e mnificati o n from Sub -Service P rov iders . Service Prov ider
agre es to obtai n exec uted ind em nity agreements w ith pr ov isio ns ident ical
to those set fo rth in thi s secti o n fr o m each a nd every Sub-e rvice Prov ider
or a ny other pe rso n o r entit y invo lved by, for, w ith o r o n behalf of Service
Prov id er in the pe rformance of thi s Agreement namin g the In dem nified
Partie s as additi ona l indemnitees. In the event Serv ice Pr ov id e r fai ls to
obta in such ind e mnity o bli gat io ns fro m ot he rs as requ ired he re in , Service
Pro vide r agrees to be ful ly re spo ns ib le accord ing to the terms of t his
-3-
secti o n. Fa ilure of C ity to mon itor compliance wit h t hese requirements
imposes no add iti ona l obligations on Cit y and wi ll in no way act as a
wa iver of any rights hereu nd er. Thi s obligation to ind e mni fy and defend
City as set fort h herei n is binding o n the s ucce sso rs, ass igns or heirs of
Service Pro vi der a nd shall s urvive t he termination of t hi s Agreement or
thi s section.
(d) Limitation of Indemnification . Notw it hs tanding an y prov is io n of
thi s section to the contrary, design professiona ls are required to defend and
in demnify the C it y on ly to the exte nt pe rmi tted by Civil Code ection
278 2.8, whic h limits the li ability of a design profe ss ional to claims, su it s,
ac ti ons, arbitration pr oceedings, adm ini st rati ve proceedings, regulatory
proceed in gs, losses, expense s or costs th at arise out of, pertain to, or relate
to th e neg ligence, recklessness, o r willfu l misconduct of th e design
pr ofess io nal. T he term "des ign profess iona l," as defined in ection
2782 .8, is li mited to licen sed a rchi tects, licensed lan dsca pe architects,
reg istered professiona l engineers, profess ional land surve yors, and the
bu s in ess entiti es that offer such se rv ice s in acco rdance with the applicab le
prov is ions of the Ca li fornia Bu s iness a nd Profe ssions Code.
(e) City's eg ligenc e. The prov isio ns of thi s section do not app ly to
c la im s occu rrin g as a result of C ity 's so le ne gl igence . The prov is io ns of
thi s section s ha ll no t release C ity from liabi lity a ri sing from gross
negligen ce o r wi ll fu l act s or omissions of City o r an y and all of its
officia ls, employees and agent s.
1.3 Insurance. ection 17 o f t he Ag reement is hereby amended as follows:
Serv ice Prov ide r agrees to obtai n a nd maintain in f ull force and effect
durin g the term o f thi s Ag reeme nt the insurance pol ic ies set forth in
Ex hi bit "C" "Insurance " and made a part of this Agreeme nt. All insu rance
policies shall be s ubject to approval by City as to form and content. These
requ irement s a re s ubj ec t to amendme nt o r waiver if so approved in writing
by the City Manager. Service Provider agrees to prov ide City with copies
of requi red polic ie s up on request.
2. GENERAL PROVISIONS.
2.1 Remainder U nchanged . Except as s pe cifica ll y mod ified and amended in
this Second Amendm e nt , the Agreemen t re mains in full fo rce and effect a nd binding upon the
partie s.
2.2 Integration . This Second Amendment co ns ists of pages I thro ugh _
inclu sive, w hich co nstitut e th e e ntire und e rsta nd in g and agreement of the parties and supersedes
a ll negotiations or previou s agreemen ts between t he parties with respect to a ll or any part of the
tran sac tion di sc ussed in thi s econd Amendm ent.
R!V #4840-1328-2571 vi -4-
------------------------------------
2.3 E ffective Date. Th is Second Amendment s ha ll not become effecti ve unti l
the date it has been formally approved by th e C it y Co unci l and executed by the appropriate
a utho r ities of the City and Service Prov id e r .
2.4 A pplica ble Law. T he laws of the State of Californ ia sha ll govern t he
in terpre tati o n and enforcement of thi s F ir st Amendment.
2 .5 Refe r e nces. A ll refe re nces to the Agreement include a ll th e ir re spective
term s and provisions. A ll defined terms uti lize d in thi s Seco nd Amendment have th e same
meani ng as prov ided in the Agre e me nt, un less expressly stated to t he contrary in th is Second
Amendment.
I N WITNESS WHEREO F , the parti es hereto have executed th is F irst Amendment t o
the Agreement o n the date a nd year firs t written above.
ATTEST:
Pe ggy Kuo , C ity C lerk
APPROVED AS TO FORM
Er ic S. Va i l, C ity Attorney
RI V #4840-1328 -2571 vi
C ITY:
THE C ITY OF T EM P LE C ITY
By :=----=-----,----=,--,.....,--------
Brya n Cook , City Manager
SERV ICE PROVID ER :
SO UT HLA D TRA S IT , INC.
B y:~
-5-
arne: J~ 5 oo Sao"-'
Ti tl e: V·.<-c Pr c.'s :dr;~/c.oo
NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED ,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS , ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER'S BUSINESS ENTITY.
RIV #484 0-1328-257 1 vI -6-
A notary public or othe r officer compl e ting thi s certifi cate ve rifies onl y th e id ent ity of th e individu al who signed
the docu ment to wh ic h thi s certificate is attached, and not the truthfulness, accurac , or vali di of th at document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
who proved to me on the basis of satisfactory evidence to
be the person (st whose nam~ is/are subscribed to the
within instrument and acknowledged to me that he /s t:le /they
executed the same in his/l<leF/th eir authorized capacity(~
and that by hisl t:ler/theif signaturefs) on t he instrument the
persor$7 , or the entity upon behalf of which the persOA{s )
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Tho ugh this sect ion is optional , completing th is inform ation
reattachment of th is form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name: Jt&Sc >l? ,y1.,0uJ
9-rri"divid ual
0 Co rporat e Office r
Title(s)
0 Partner(s)
0 Attorney-In -Fa ct
0 Trustee(s)
0 Guardian /Conservator
0 Ot her:
Signer is representing :
Name Of Person(s) Or Ent ity (ies)
0 Limited
0 General
DESCRIPTION OF ATTACHED DOCUMENT
N umber Of Pages
Signer(s) Other Than Named Above
A notary public or other office r com pl et in g this certifica te verifies only the ident ity of the individual who s igned
the do c ument to which this ce rtificate is attached , and not th e trut hful ness, accurac , or valid it of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
CO NTY OF LOS ANGELES
who proved to me on the basis of satisfactory evidence to
be the person (s1-whose namets-) is/afe--Subscribed to the
within instrument and acknowledged to me that he /she /theyr
executed the same in his/her/their authorized capacity(ies),
and that by his/t:l cF/theiF s i gnature~ on the instrument the
person {at; or the entity upon behalf of which the person(s.)..
acted , executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
!tlbllc
Though th is section is opt ion al , comp leting th is in formation can
reattachment of this form to an unin tended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name: :z;;iz~/11Clf<,.Jr'rossr '4:t'?
r9-lridivid ual
0 Corporate Officer
0 Partner(s )
0 Attorney-In-Fact
0 T rustee(s)
Title(s)
0
0
0 Guardia n/Conservator
0 Other:
Signer is repre senting:
Name Of Pers on(s) Or Entity(i es)
Lim ited
General
DESCRIPTION OF ATTACHED DOCUMENT
Numer Of Pages
Date Of Document '
EXHIBIT "A"
SCOPE O F SERVICES -DIAL-A-RIDE SERVICES
Service Prov id er (So uthl an d T rans it , In c .) s ha ll prov ide complete d ial-a-ri de transpo rtati o n
services fo r and on beh a lf of the C it y, as ident ified in the Reque st for Pro posa l and as stated in
the propos al s ub mitted by the Serv ice Provider dated March 7, 20 14 , whi ch is in corpora ted by
thi s refe rence.
Scope o f Services, includin g services, work pr oducts, and perso nn el, are subject to change by
mutu a l Agreement. Service Prov ider s hall perfo rm th is Scope of Services fo r a thre e-yea r term
starting Jul y I , 20 14 throu gh Jun e 30,201 7. Upo n mutual agreement by bot h parties, City and
Service Prov ider ma y extend thi s Agreement for an additio na l two ye ar s at o ne-year int ervals.
The City places a strong emphasis on customer satisfaction as many u sers d e p e nd o n these
services for mobility. Service Provider is expected to provide excellent and he lpful
cus tom e r service at all level s. Se rvice Provider s hall keep records of all complaints
(whether determined to be valid o r not) and shall provide to the City, on a monthly bas is, a
log detailing at a minimum, the nature of th e complaint, Service Provider's in ves ti gation
and findings in regards to the complaint, and Service Provider's follow-up/response t o the
complaint. Service Provider s hall meet with City staff at least one time each yea r of the
contract period to discuss tre nds, ongoing iss ues and concerns, and customer sa tisfaction.
EXHIBIT "B"
COMPENSATION
I. The City will compensate Serv ice Provider for the Serv ices performed upon s ubmissio n
of a valid invoice. Each in voice is to include:
A. Line items work performed inc lu ding the number of hours worked and the ho url y
rate.
B. L ine items for all s uppl ies properl y charged to the Services .
C. Line items for all equipment properl y charged to the Serv ices.
II. The C ity s hall pay Service Provider to perform the services provided for he r ei n as
fo ll ows:
$59 .30 per h o ur not to exceed $477,958 per year
Additional serv ices as required by C it y, up to 50 hours per year, shall be provided at a
rate of:
$59.30 per hour not to exceed $ 2,965 per year
T he total compensation for Servic es s hall n ot exceed $480 ,923 .
EXHIBIT "C"
INSURANCE
A . Insurance Requirements. Service Provider shall provide and maintain
insurance , acceptable to the City , in full force and effect throughout the term of this
Agreement , against claims for injuries to persons or damages to property wh ich may
arise from or in connection with the performance of the Services by Service Provider, its
agents , representatives or employees . Insurance is to be placed with insurers w ith a
current A.M . Best's rating is an assigned policyholders ' Rating of A (or higher) and
Financial Size Category Class V II (or larger).
Only the following "marked " requirements are applicable and Service Prov ider shall
provide the following scope and limits of insurance :
1 . Minimum Scope of Insurance . Coverage shall be at least as broad
as:
X Commercial General Liability. Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001 ).
X Automobile Liability. Service Provider shall maintain automobile insurance at
least as board as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Service Provider arising out of or i n
connection with work to be performed under this Agreement , including coverage
for any owned , hired , non -owned or rented vehicles .
X Workers ' Compensation . Workers' Compensation Insurance (Statutory Limits)
and Employer's Liability Insurance as required by the Labor Code of State of
California covering all persons providing Services on behalf of the Service
Provider and all risks to such persons under this Agreement.
Professional (Errors and Omissions) Liability . Profess ional liability insurance
appropriate to the Service Provider's profession . Th is coverage may be written
on a "claims made" basis , and must include coverage for contractual liability .
The insurance must be maintained for at least three (3) consecutive years
following the completion of Service Provider's services or the termination of this
Agreement. During this additional three (3) year period , Service Provider shall
annually and upon request of the City submit written ev idence of this continuous
coverage.
Service Provider shall maintain professi o nal liability insurance that covers the
Serv ices to be performed in connection with this Agreement. Any pol icy
inception date , continuity date, or retroactive date must be before the effective
date of this agreement and Service Provider agrees to ma intain cont i nuous
coverage through a period of no less than three years after completion of th e
services required by this agreement.
1. Minimum Limits of Insurance . Service Provider shall maintain limits
of insurance no less than :
(1) Commercial General Liability . $1 ,000 ,000 per occurrence ,
$2,000 ,000 general aggregate for bodily injury , personal injury and property damage.
(2) Automobile Liability . No less than $5 ,000 ,000 combined
single limit for each accident.
(3) Workers' Compensation . Workers' Compensation as
required by the Labor Code of the State of California of not less than $1 ,000 ,000 per
occurrence and Employer's Liability Insurance with limits of at least $1,000 ,000 .
(4) Professional Liability. $1 ,000 ,000 per claim and in the
aggregate .
B . Other Provisions . Insurance policies required by this Agreement shall
contain the following provisions :
1. All Policies . Each insurance policy required by this Agreement
shall be endorsed and state the coverage shall not be suspended , voided , cancelled by
the insurer or either Party to this Agreement, reduced in coverage or in limits except
after 30 days' prior written notice by certified mail , return recei pt requested , has been
given to City.
2 . Commercial General Liability and Automobile Liability Coverages .
(1) City , and its respective elected and appointed officers ,
officials , and employees and volunteers are to be covered as additional insureds as
respects : liability arising out of activities Service Provider performs ; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider ; or automobiles owned , leased , hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City , and their respective elected and appointed officers, officials , or employees .
(2) Service Provider'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 .
(3) Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements , or a waiver of any coverage normally provided by any insuran ce . Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not in tended by any party or insured to be all inclusive , or to the
exclusion of other coverage , or a waiver of any type. If the Service Provider maintains
highe r limits than the minimums shown above , the Agency requires and shall be entitled
to coverage for the higher limits maintained by the Service Provider. Any ava ilable
insurance proceeds in excess of the specified minimum l imits of insurance and
coverage shall be available to the Agency .
(4) Coverage provided by the Service Provider shall be primary
and any insurance or self-insurance or maintained by Agency shall not be required to
contribute to it. The limits of insurance required here in may be satisfied by a
combinat ion of primary and umbrella or excess insu rance . Any umbrella or excess
insurance shall conta in or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of Agency before the
Agency 's own insurance or self-insurance shall be called upon to protect is as a named
insured .
(5) Any failure to comply with the reporting or other prov isions of
the insurance policies , including breaches of warra nties , shall not affect coverage
prov ided to City , and its respective elected and appointed officers , officia ls , employees
or volunteers .
3 . Workers ' Compensation Coverage . Unless the City Manager
otherwise agrees in writing , the insu rer shall agree to wa ive all rights of sub rogation
against C ity , and its resp ective elected and appointed officers , officials , employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City , at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been compl ied w ith . The C ity
may require that Service Provider furnish City with copies of orig inal endo rsements
effecting coverage required by this Exhib it "C". The certificates and endorse ments are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete , certified copies of all requ i red insurance policies ,
at any time .
1. Service Provider shall furnish certificates and endorsements from
each subService Provider identical to those Service Provider provides .
2 . Any deductibles or self-insured retentions must be declared to and
approved by City . At the option of City , either the insurer shall reduce or el imi nate such
deductib les or self-insured retentions as respects City or its respective elected or
appointed officers , offic ials , employees and voluntee rs or the Service Prov ider shall
procure a bond guarantee i ng payment of losses and re lated i nvestigations , cla im
administration , defense expenses and claims .
3 . The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liabil ity hereunder nor to fu lf i ll the
indemnificat ion provisions and requirements of this Agreemen t.