HomeMy Public PortalAbout14) 7F Waiver of Insurance Requirements for ConsultantsAGENDA
ITEM 7.F.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: Ju ly 5, 2017
TO: The Honorable C ity Council
FROM: Bryan Cook , City Manager
By: Brian Haworth , Assistant to the City Manager
SUBJECT: WAIVER OF INSURANCE REQUIREMENTS FOR CONSULTANTS
PROVIDING WRITING, GRAPHIC DESIGN AND OTHER SERVICES
RECOMMENDATION:
Council is requested to adopt Resolution 17-5272 (Attachment "A"), which w aive s
standard insurance requirements for a specified list of consultants who provide writing ,
translation , and graphic design services for the City's communications function .
BACKGROUND:
1. Staff utilizes the City's standard form agreement to procure writing , graph ic design , and
related services. Among other things , the agreement stipulates consultant insurance
requirements that protect the City from l iability .
2 . Consu ltants performing the aforementioned services are free lance , home-based , and
under sole proprietorships . As such , the City's standard insurance provisions are quite
onerous , costly, and unnecessary in the course of doing business . These requirem e nt s
have prevented many consultants from accepting work from the City .
3. On November 15 , 2016 , Council adopted Resolution No. 16-5219, which waives the
City's standard insurance requirements for certain writers and translators (Attachment
"B"). According to the associated staff report , the City Attorney opined that the services
present a very low risk to the City.
4 . Last month , the City's communications team reviewed the resolution 's list of identified
consu ltants . Given planned commun ications needs , the ava il abi lity of current
contractors , and best pract ice to have a large list of qualified contractors ready on an
as-needed basis , staff solic ited proposals for add itional serv ices . Consultants added to
the l ist are provided in redlined and amended form as Reso lution 17-5272 .
City Council
July 5 , 2017
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ANALYSIS :
The City operates its communications function by contracting out services for writin g ,
translation , and graphic design . These services are performed by freelance consultants
who work from home.
The City's standard form services agreement includes insurance requ irements that protect
itself from liabi lity incurred by consultants and other service provide rs . However, the work
provided by freelance writers , translators and graphic designers do not expose the City to
a significant risk of liability . Their communication with City staff is often via phone or email ,
limiting the amount of interaction that could give rise to culpability. Furthermore, their work
is solely limited to writing and designing , all of which is rev iewed by the City Manager or
his desig nee before distribution or finalization . It remains a business decision of the City
Manager and City Attorney to waive these insurance requiremen ts for what is considered
a very low risk .
Work is underway on a policy that would set forth circumstances under which the City
Manager could waive the standard insurance conditions for future consultants . In this way,
future waivers would be administratively approved , as they align with adopted protocol. A
draft policy will be presented to Council in early fall.
CITY STRATEGIC GOALS:
Council approval of Resolution 17-5272 will further the Strategic Plan 's objective of good
governance .
FISCAL IMPACT:
None.
ATTACHMENTS:
A . Resol ution 17-5272
B. Resolution 16-5219
ATTACHMENT A
RESOLUTION 0. 17-5272
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
TO WAIVE STANDARD C ITY INSURANCE REQUIREMENTS FOR
DESIGNATED CONSULTANTS
WHEREAS, The City of Templ e City utilizes fo rm contracts for the maj ority of
the goods and service s that it p roc ures; and
WHEREAS, the C ity 's form "Services Agreement" includes insurance
r equ irements designed to protect th e City from exposure to li ab ili ty for a variety of issues
that may arise when consultants are performing services for the City; and
WHEREAS, for purposes of providing editing, copy writing, translating, and
related services fo r it s publications and no ti ces, the City contracts with consultants under
its form Services Agreement ; and
WHEREAS, these consulta nt s d o not undertake any actions that would
reasonably be expec ted to expose the City to the potential for liability; and
WHEREAS, so me of the co ns ultant e ditors, copy writers, translators, and graphic
designers have requested waiver s from the City 's standard insurance requirements
because the requirements exceed the leve ls of in s urance those persons need to have in the
normal co urse of the ir bus in esses and th e cost of the excess insurance would be onerous
for their businesses and would lik e ly require th e m to not accept work from the City ; and
WHEREAS, the City Co uncil wants to continue to provide a high level of service
for the City's communications functio n at the most efficient cost; and
WHEREAS, th e C ity Counc il agree s that the e xposure to liability arising from
the work performed by th e con sultants identified below is low enough that a waiver from
th e standard ins uranc e requirements is appropriate.
NOW, THEREFORE, BE IT RESOLVED th at th e City Counci l ofthe City of
Temple C ity does hereby resolve, d ec la re, determine and o rd er as fo ll ows:
SECTION 1. As an amendment to Resolution No. 16-52 19 , the following City
consultants who provide edi ting, co py wri tin g, trans latin g, or related serv ice s under
contract for the City 's communications function do no t need to comply with the
otherwise-appl icabl e commercial ge ne ral li ab ili ty , automobi le, workers compensation, or
professional li ab ili ty insurance requirements found in the City 's form Services
Agreement:
• Liana Aghajanian (wri ter)
• Ke ll y A lblin ge r (wri te r)
• S hanno n Aronin (co py e ditor , write r)
" J a c o b B e a r ( w r i t e r )
" D a n B r o w n ( c o p y w r i t e r )
" A d a m D i n e s ( c o p y w r i t e r , g r a p h i c d e s i g n e r )
" L i n d a D o m i n g o ( c o p y e d i t o r , w r i t e r )
" S h a w n D w y e r ( c o p y e d i t o r , w r i t e r )
" T e s s E y r i c h ( w r i t e r )
" R o g e r G r o d y ( w r i t e r )
" A I L e f c o u r t ( c o p y w r i t e r )
" J u l i e n n e O h a r a - H s u ( c e r t i f i e d t r a n s l a t o r )
" S h e l S e g a l ( w r i t e r , m e d i a r e l a t i o n s )
" M i c h a e l T u r a s h o f f ( c o p y e d i t o r , w r i t e r )
" C l a r i s s a W e i ( c o p y e d i t o r , w r i t e r )
" G e r a r d W r i g h t ( w r i t e r )
S E C T I O N 2 . T h a t t h e C i t y C l e r k s h a l l c e r t i f y t o t h e p a s s a g e a n d a d o p t i o n o f t h i s
r e s o l u t i o n a n d e n t e r i t i n t o t h e b o o k o f o r i g i n a l r e s o l u t i o n s
P A S S E D , A P P R O V E D A N D A D O P T E D O N J u l y 5 , 2 0 1 7 .
A T T E S T : C I T Y O F T E M P L E C I T Y :
P e g g y K u o , M M C C i t y C l e r k C y n t h i a S t e m q u i s t , M a y o r
A P P R O V E D A S T O F O R M :
E r i c V a i l , C i t y A t t o r n e y
I , P E G G Y K U O , M M C , C I T Y C L E R K o f t h e C i t y o f T e m p l e C i t y d o h e r e b y c e r t i f y t h a t
t h e f o r e g o i n g R e s o l u t i o n w a s a d o p t e d a t a R e g u l a r M e e t i n g o f t h e C i t y C o u n c i l o f t h e
C i t y o f T e m p l e C i t y h e l d o n t h e 5 t h d a y o f J u l y 2 0 1 7 , b y t h e f o l l o w i n g v o t e :
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AYES:
N OES:
ABSENT:
ABSTAIN:
Councilmember -
Councilmember -
Councilmember -
Councilmember -
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of
the City of Temp le City, California, this 5th day of July 2017.
Peggy Ku o, MMC, City Clerk
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ATTACHMENT 8
RESOLUTION NO . 16-5219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TO
WAIVE STA ND ARD CITY INSURANCE REQUIREMENTS FOR DES IGNATED
CONSULTANTS AND BEGIN THE PROCESS OF FORMALIZING A POLICY
FOR FUTU RE INSURANCE WAIVERS
WHEREAS , The City of Temple City uti lizes form contracts for the majority of the goods
and service s that it procures: and
WHEREAS , the City 's form "Services Agreemen t" includes msurance req uirements
des igned to protect the City from exposu re to liab11tty for a variety of issues that may arise when
consultants are performing services for the City : and
WHEREAS, for purposes of providing editing , co py writing, translati ng , and related
services for 1ts publications and notices , the City contracts with consultan ts under its form
Services Agreeme nt ; and
WHEREAS, these consu ltants do not undertake any actions that would reasonably be
expected to expose the City to the poten ti al for li ab ility ; and
WHEREAS , some of the consu ltan t editors , copy wri ters , and translators have requested
waivers from the City 's stan dard msura nce requirements because the requirem ents exceed the
levels of insurance th ose persons need to ha ve in the normal course of thei r businesses and the
cost of the exce ss insurance wou ld be onerous for the ir businesses and would likely requ ire them
to not accept work from th e City ; and
WHEREAS , the City Counc1l wan ts to contmue to prov1de a h1gh level of service for the
City's publicatio n s at th e most effic ient cost: and
WHEREAS , the City Council agrees that the exposure to liability ansing from the work
performed by the consultants identified below is low enough that a wa1ver from the standard
insurance require me nts is appropriate: and
WHEREAS , the City Council would like to avoid th is issue ans1ng in the future by
adopting a formal po ltcy outli ning the conditions under which standard insurance requirements
may be waived in th e future .
NOW, THEREFORE , BE IT RESOLVED that the Ci ty Council of the City of Temple City
does hereby re so lve, decla re . determine and o rder as follows :
SECTION 1 . That the followi ng City consultants who provide editi ng , copy writing ,
translat ing , or rel ate d services under contract for City publica tions and not1ces do not need to
comply with the othe rwise-applicable commerc ial general liability, au tomobile. workers
compensation, or profess ion al l iability in surance requ ireme nts found m the City 's form Services
Agreement ·
• Tess Eyric h (writer)
• Roger Grody (writer)
• She l Segal (writer. media relat1ons)
• Li ana Ag hajan ian (wnter)
• Gerard Wright (writer)
• Dan Brown (copy wnter)
• Sh awn Dwyer (copy ed 1tor. writer)
• Ju li enne Oha ra-Hsu (cert ified translator) .
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Resolut io n No. 16-52 19
Page 2 of 2
SECTION 2. That the C ity Manager is d irected to br ing ba ck for City Council rev iew and
a pproval a formal pol icy outl imng appropriate facts and circumstances under wh ich the City 's
in surance require ments ca n be wa ived . Th e pol icy , if adopted. is intended to delegate to the City
Manager the authority to wa ive the insurance requ irements to ensu re efficient provision of
services to the City .
SECTION 3. That the City Clerk shall cert1 fy to the passage and adoption of this
reso lution and en te r it in to t he book of o riginal resolutions
PASSED , A PPROVED AN D ADO PTED ON November 151
h , 2016 .
CITY OF TEMPLE CITY:
Vi n~
ATTEST: APP ROVED AS TO FORM :
Pf lJj;:c ler ~
I. City Clerk of the City of Temple City , hereby ce rtify that the for ego ing Resolu tio n No .
16-5219 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 15th day of Novembe r, 2016 and was duly passed , appro ved and adopted by sa id Council ,
approved and signed by the Mayor and attested to by the Ci ty Clerk at the regular meeting he ld
on the 15th day of November. 2016 by th e foll ow ing vote.
AYES :
NOES:
ABSENT·
ABSTAIN :
Counci lmember -Ch avez , Fish , Man , Sternquist , Yu
Councilmember -No ne
Coun cilmember -None
Councilmember -None
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