CC Agreement No. 2023-6 – Modified
1 COMMUNITY EVENT FUNDING AGREEMENT
This C
ommunity Event Funding Agreement (“Agreement”) is between the City of Camarillo (“City”) and Pleasant Valley Recreation & Park District (“District”). The City and District shall be referred to herein collectively as “Parties.” The Parties agree as follows:
BACKGROUND
A. For nearly 40 years, the Summer Concert Series has been held at Constitution Park, a City- owned park located at the corner of Carmen Drive and Paseo Camarillo.
B. On February
13, 2019, the City Council approved a one (1) year Community Event Funding Agreement (CC 2019-18) for a four (4) concert series, co-p roduced with the District. Agreement CC 2019-18 provided $60,000 to the District and an additional $8,500 in City- direct services (i.e., portable toilets, security fencing, and lighting) and in-kind staffing support. Following the successful 2019
Summer Concert Series, the District provided the City with the reconciliation and financial
accounting reports of the production costs.
C. O
n November 7, 2019, the Parties entered into a multi-year Community Event Funding Agreement (CC 2019-1 49) for years 2020, 2021, 2022, to provide management continuity and assurance to the public of the Summer Concert Series.
D. Due to the COVID-1 9 pandemic, Executive Order N-2 5-30 was issued by the Governor on March 12, 2020; the County of Ventura Public Health Officer issued a Declaration of Local Health Emergency on March 12, 2020; and the City Council ratified the City’s Proclamation of Local
Emergency on March 13, 2020. Subsequently, the 2020 Summer Concert Series was cancelled.
E. Following
the re-opening of the State of California and under the Blueprint for a Safer Economy provided by the California Department of Health originally published on May 21, 2021, and the County of Ventura entering the Yellow Tier on June 2, 2021, events such as the Summer Concert
Series are allowed in the County of Ventura with some safety guidelines still in place.
F. On June 5, 2021, the City Council at the Budget Workshop, directed staff to include $73,771 in the Fisc al Year 2021/22 Budget, an increase of $13,771 from the initial Agreement due to impacts caused by the pandemic.
G. On June 23, 2021, the City Council authorized the City Manager to execute Agreement No. 2019-149A amending the Community Funding Agreement with the District for the Summer Concert Series, for a total authorized not-t o-exceed contribution amount of $73,771 for Fiscal Year 2021/22.
H. On May 7, 2022, the City Council at the Budget Workshop, approved an increase to the initial Agreement
for the 2022 Summer Concert Series in the amount of $6,395, due to increased service and supply expenses, for a total Agreement amount of $66,395 for Fiscal Year 2022/23.
Subsequently, on June 21, 2022, the Parties entered into Agreement CC 2019-1 49B, for a total authorized not-to-exceed contribution amount of $66,395 for the 2022 Summer Concert Series.
I. The District has provided a post-event accounting of revenues and expenses for the Summer Concert Series including sponsorships and donations, personnel expenses and total net expenses
which reflects a steady increase of service and supply expenses.
Exhibit A - Modified by First Amendment Agreement 2023-6A CC Agreement No. 2023-6 – Modified
2 J. As a result of the successful management of the 2019 Summer Concert Series and the multi- year Agreement for years 2020, 2021, and 2022, the Parties wish to enter into a multi-year Agreement for a period of three (3) years, with the option to extend the agreement for two (2) additional one- year terms, for the coordination and management of the Summer Concert Series.
K. As a result of the successful management of the 2023, 2024, and 2025 Summer Concert Series, the Parties wish to exercise their option to extend A greement No. 2023-6 for two (2) additional one- year terms, for the coordination and management of the 2026 and 2027 Summer Concert Series.
TERMS
The Parties wish to enter into this Agreement according to the terms and conditions specified in this Agreement.
A. EVENT DETAILS.
1. The Parties agree that the Summer Concert Series shall be held at Constitution Park, located at 601 Carmen Drive, Camarillo, CA. in 2023, 2024, 2025, 2026, and 2027 as shown in the Site Plan (Exhibit A).
2. The dates and times of the concerts for each Summer Concert Series shall be coordinated between the Parties each year within the months of June, July, August and September, with the majority of the events happening within June, July, and August. All reasonable attempts will be made to establish a consistent and easily remembered concert schedule (e.g., “The second and fourth Saturday of the month, in June and July”).
3. The Parties agree that back of house (“BOH”)/” green room” space shall be
pr
ovided and located at City Hall within the staff lounge and restroom, which is located at 601 Carmen Drive, Camarillo, CA.
4. The Parties agree that the name of the event shall be “Summer Concert Series presented by the City of Camarillo and the Pleasant Valley Recreation and Park District.”
B. RESPONSIBILITIES OF THE DISTRICT.
1. Event Management. District agrees to provide staffing and oversight for the following items:
a) Book and manage performers/bands, to include contract negotiations, site tours and logistics, technical items, performance riders, local and regional permits, and settlement.
b) Book and manage food truck and/or other vendors, to include local and regional permits, site logistics, and settlement.
c) Manage event staffing, to include District staff, volunteers, vendors, and contractors.
2. Operations. District agrees to provide staffing and oversight for the following items:
a) Event setup and breakdown, to include but not limited to, signage, cones, chalking of grounds, power requirements, and rentals.
b) Post-event cleaning of event spaces, to include but not limited to BOH area(s), parking lots (City Hall, The Church of Latter-Day Saints, Community Center Park), Paseo Camarillo (street/road/drive), and CC Agreement No. 2023-6 – Modfied
3 stage/grounds.
c) Rent and manage portable toilets for guest use, to include placement on City
property, scheduling of servicing.
d) Rent and manage security fencing with privacy screen for portable toilet area, to include scheduling of delivery/pickup and setup/breakdown. e) District shall have safety lighting (defined as parking lot, park, and portable toilets lighting) available during the events, if needed. f) Provide the set-up and break-down of the lighting tower for event, if needed.
g) The City and District ’s elected officials shall be represented together throughout the Summer Concert Series. All formal speeches and remarks given during the events must be approved 10 business days in advance by both agencies.
3. Marketing and Advertising. District agrees to provide marketing staffing and support for the following items:
a) Develop a multi -faceted marketing strategy, to include press releases, email marketing, social media (i.e., Facebook, Instagram), website, paid and un-paid advertising, and event photography.
Design all creative and branding for the event with final approval to be determined jointly by the City’s City Manager and District’s General Manager.
The District shall design and submit a complete Summer Concert Series marketing kit (e.g., signage, flyers, press releases, digital media) to the City for review and approval at least 10 business days before intended release.
New or revised materials must be submitted no less than two business days before release.
The official event name “Summer Concert Series presented by the City of Camarillo and the Pleasant Valley Recreation and Park District” must be used in all promotions.
The City and District must be prominently recognized across print, digital, social media, signage, and other advertising materials for the Summer Concert Series. All items must display the City and District names and seals at equal sizing to ensure equal representation.
b) Consider providing crowdsourcing support for the public to determine the genre of music to be played at the event. This activity may consist of online and/or hard - copy polls. The top four to six (4- 6) genres shall be the music -type for the Summer Concert Series, with specific performers/bands being selected by District.
c) T he District and the City shall collaborate on the development of survey questions for any post -event community surveys related to the Summer Concert Series, to be completed no later than 5 business days before the last concert of the summer.
Signage shall be removed at the conclusion of each night of the event.
It is the responsibility of the District to set/hang and store banners and other related signage. Signage can be set/hung the Thursday before the event.
4. Sponsorships and Donations. Any sponsorships or donations received by either Party for the Summer Concert Series shall be used in the following order to:
a) D
efray District’s expenditures for that year, which will reduce the amount CC Agreement No. 2023-6 – Modfied
4 requested from the City;
b) Any prior sponsorship funds received by the District will be used the year following the signing of the First Amendment to this agreement. c) If the District decides not to organize, manage, market and produce the 2025 or future summer concert series, any sponsorship and donation funds held in reserve shall be given to the City for such use.
5. Budget Tracking and Reporting. District agrees to track all expenses and provide a detailed report on all expenditures in accordance with Section D. (2), of this Agreement.
C. RESPONSIBILITIES OF THE CITY.
1. Operations. City agrees to provide staffing and operational support for the following items:
a) Provide stage cleaning before and after each concert. b) Coordinate and provide solid waste and recycling services for each concert.
c) All operational items shall be coordinated by the City’s project manager in conjunction with the District’s Event Manager. d) Conduct a walk through inspection of Constitution Park at least three days prior to each concert, to ensure City facilities are in proper working order. e) Set up and oversee a booth with City staff for the duration of each concert. f) Provide fencing for the stage.
g) Ensure no landscaping is done after the Wednesday before a concert.
Any deviation must be communicated to the Dist rict one week prior to ensure District staff can make necessary adjustments.
h) Provide use of stage stor age rooms and the transf er and use of the storage container that is placed behind the stage.
i) Execute an agreement with LDS Church for use of the parking lot for each concert.
2. Marketing. City agrees to provide staffing and operational support for the following items:
a) Insert approved marketing material into resident utility bill mailers. The utility bill insert shall promote City/District joint-initiatives such as the Summer Concert Series and the Camarillo Christmas Parade. b) Permit the District to hang banners and other signage related to the event. c) Promote the Summer Concert Series on the City’s website, digita l
m
arquee in Constitution Park, and other media outlets.
D. FUN DING
1. Amount of funding. For organizing, managing, marketing and producing four (4) free public concerts, the City will provide event funding to the District of up to, but not -to- exceed, the following amounts for the Summer Concerts Series, in accordance wit h s
ubsection 2 below. After January 2 nd of each year, District may request disbursement of up to 50% of the allocated funding for that year’s Summer Concert Series and City agrees to provide funding on March 1st or immediately after with the first check distribution for that cut -off period. District agrees to provide City with at least two weeks’ notice for processing the funding distribution.
CC Agreement No. 2023-6 – Modified
5 a) $92,500 including a 10% contingency for unforeseen expenditures for a t
otal amount of $101,750, and approximately $5,500 in direct services and in-kind event staffing support, as needed, for a total funding amount not-to- exceed $107,250 for the 2023 Summer Concert Series.
b) $96,800 including a 10% contingency for unforeseen expenditures for a t
otal amount of $106,480, and approximately $5,500 in direct services and in-kind event staffing support, as needed, for a total funding amount not-to- exceed $111,980 for the 2024 Summer Concert Series.
c) $101,500 including a 10% contingency for unforeseen expenditures for a t
otal amount of $111,650, and approximately $5,500 in direct services and in-kind event staffing support, as needed, for a total funding amount not-to- exceed $117,150 for the 2025 Summer Concert Series.
d) $105,741.18 including a 10% contingency for unforeseen expenditures for a total amount of $116,315, and approximately $5,500 in direct services and in-kind event staffing support, as needed, for a total funding amount not to exceed $121,815 for the 2026 Summer Concert Series. e) $110,120.33 including a 10% contingency for unforeseen expenditures for a total amount of $121,132, and approximately $5,500 in direct services and in-kind event staffing support, as needed, for a total funding amount not to exceed $126,632 for the 2027 Summer Concert Series.
2. Use of funding. District warrants that event funding will be used solely to organize, manage, market, and produce four (4) free public concerts, in accordance with the Program Budget (Exhibit B), with reasonable flexibility to adjust line items as needed, provided expenditures do not exceed the annual column totals in Exhibit B. Annually, within 45 days following the final concert of each Summer Concert Series, District will provide City an expense report with copies of receipts or cancelled checks attached and remittance of unused funds. The approximate $5,500 (five thousand five hundred dollars) in direct services and in- kind event staff support provided by City is an estimate of costs based on prior events actual expenses and anticipated costs (Exhibit C). Upon receipt of District’s reconciled expense report, City agrees to send payment within 30 days, for the remaining balance due, up to agreed funding amount for that year’s Summer Concert Series.
E. INDEMNIFICATION. City shall indemnify, defend and hold harmless District and its directors, officers, employees and agents from and against any and all liability, loss, damage, claims, demands, expenses, costs (including without limitation reasonable attorney’s and expert’s fees and costs in connection with litigation) of any kind or nature (including without limitation personal injury, death, or property damage), arising out of (i) a dangerous condition of the City facilities to be used for the Summer Concert Series, (ii) the negligence or willful misconduct of the City, or the (iii) failure of City to comply with any of its obligations of this Agreement, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, except where caused by the sole or active negligence or willful misconduct of District.
District shall indemnify, defend and hold harmless City and its directors, officers, employees and agents from and against any and all liability, loss, damage, claims, demands, expenses, costs (including without limitation reasonable attorney’s and
ex
pert’s fees and costs in connection with litigation) of any kind or nature (includi ng w
ithout limitation personal injury, death, or property damage), arising out of the failure of District to comply with any of its obligations of this Agreement, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable, except where caused by the sole or active negligence or willful misconduct of City.
F. INSURANCE. District agrees to obtain and maintain in full force and effect during the CC Agreement No. 2023-6 – Modified
6 term of this Agreement the insurance coverages listed in Exhibit D (Insurance), which is made a part of this Agreement. All insurance policies are subject to approval by City as to form and content. These requirements are subject to amendment or waiver as approved in writing by the City Manager or City Attorney.
G. EFFECTIVE DATE. This Agreement is effective as of the date that it is fully executed by all Parties and approved by the Camarillo City Council and the District’s Governing Board (“Effective Date“).
H. TERMINATION. The Parties may terminate this Agreement, with or without cause, before January 2nd of each year, by written notice of termination to the other party. In the event such notice is given, the District must cease immediately the performance of all Services on behalf of the City. Following January 2 nd of each year, this Agreement can only be terminated by written agreement of the Parties.
I. NOTICES. All notices shall be mailed by U.S. Mail and by email to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses may be used for delivery of service of process.
CITY: City of Camarillo
Attn: Greg Ramirez, City Manager
601 Carmen Drive, Camarillo, CA 93010
[email protected]
OR
GANIZATION: Pleasant Valley Recreation & Park District
Attn: Mary Otten, General Manager
1605 E. Burnley Street, Camarillo, CA 93011
[email protected]
J. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of each party warrants and represents that the person or persons have the authority to execute this Agreement on behalf of their party (whether the party is a corporation, partnership, or business entity) and warrants and represents that they have the authority to bind all parties to the performance of its obligations hereunder.
K. NO PARTNERSHIP OR JOINT VENTURE. This Agreement does not constitute and will not be construed as constituting a partnership or joint venture between the Parties.
L. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
M. SEVERABILITY. In case any part, term, portion or provision of this Agreement is determined to be illegal, invalid or unenforceable, the remaining parts, terms, portions and provisions shall remain valid, enforceable, and in full force and effect.
N. AMENDMENT. This Agreement may only be amended by written instrument, executed by all parties.
O. CALIFORNIA LAW. This Agreement will be construed and interpreted pursuant to the laws of the State of California. Venue for any litigation concerning this Agreement shall be in the Superior Court for the County of Ventura, California.
P. RECITALS AND EXHIBITS. The foregoing recitals and exhibits are incorporated herein by reference into this Agreement.
CC Agreement No. 2023-6 Modified
7 Q. COMPLIANCE WITH ALL LAWS. Each Party warrants that it will comply with all federal, state, and local laws in the performance of this Agreement.
R. INTEGRATION. This Agreement reflects the entirety of the terms and understandings between the parties and shall supersede all prior or contemporaneous oral or written understandings, statements, representations or promises between the parties concerning the matters contained herein. This Agreement has been negotiated in good faith and each party warrants and represents that in executing this Agreement, they are not relying upon any representation, promise, inducement or statement made in negotiation that has not been included in the terms of this Agreement. (
Signatures continue on next page)
Rachel Richman for
03 / 30 / 2023
8 CC Agreement No. 2023-6 Modified
EXHIBIT A
9 CC Agreement No. 2023-6 Modified
2023
Concert
Series
2024
Concert
Series
2025
Concert
Series
2026
Concert
Series
2027
Concert
Series
Staffing Expense
Full time‐ planning, prep, & operations 25,671.24$ 27,253.88$ 28,944.09$ 30,355.58$ 31,654.38$ Part‐time (320 hours/ 4 concerts) 5,609.60$ 5,890.08$ 6,184.58$ 6,493.81$ 6,818.50$ Staffing Total 31,280.84$ 33,143.96$ 35,128.67$ 36,849.40$ 38,472.89$ Services and Supplies
Fire Permit 310.54$ 322.96$ 335.88$ 349.32$ 363.29$ Medical Services 800.00$ 832.00$ 865.28$ 899.89$ 935.89$ Concert Rental Services
Portables + Light Poles 9,000.00$ 9,360.00$ 9,734.40$ 10,123.78$ 10,528.73$ Fencing (Portables) 1,000.00$ 1,040.00$ 1,081.60$ 1,124.86$ 1,169.86$ Performance Expenses
Lighting (4 part concert series) 8,000.00$ 8,320.00$ 8,652.80$ 8,998.91$ 9,358.87$ Sound (4 part concert series) 18,000.00$ 18,720.00$ 19,468.80$ 20,247.55$ 21,057.45$ 16,500.00
Total Performance Fees for
Band $ 17,160.00$ 17,846.40$ 18,560.26$ 19,302.67$ Total 53,610.54$ 55,754.96$ 57,985.16$ 60,304.57$ 62,716.75$ Marketing Supplies & Services
Ink, vinyl, paper 4,000.00$ 4,160.00$ 4,326.40$ 4,499.46$ 4,679.43$ Survey Monkey 384.00$ 399.36$ 415.33$ 431.95$ 449.23$ Utility Insert 2,000.00$ 2,080.00$ 2,163.20$ 2,249.73$ 2,339.72$ Additional Marketing Supplies 250.00$ 260.00$ 270.40$ 281.22$ 292.46$ Total 6,634.00$ 6,899.36$ 7,175.33$ 7,462.35$ 7,760.84$ Operational Supplies
Striping Paint 200.00$ 208.00$ 216.32$ 224.97$ 233.97$ Tape, gloves, misc. 400.00$ 416.00$ 432.64$ 449.95$ 467.94$ Trashbags 400.00$ 416.00$ 432.64$ 449.95$ 467.94$ Total 1,000.00$ 1,040.00$ 1,081.60$ 1,124.86$ 1,169.86$ TOTAL 92,525.38$ 96,838.28$ 101,370.76$ 105,741.18$ 110,120.33$
EXHIBIT B
10 CC Agreement No. 2023-6 Modified
EXHIBIT C
Direct Services and In-Kind Staff Support
(Provided by City)
City will provide the following direct services and in-kind staffing services at its expense:
Estimated Cost
(based on City’s actual 2022 costs,
including anticipated cost increases)
Direct Services (contracted)
1. Utility Billing Insert Service Fee $ 220.00
2. Storage Container Relocations $ 500.00
3. Sheriff Overtime (four concerts) $ 4,000.00
$ 4,72 0.00
In-Kind Staff Support (approx. 16 hours per FY) $ 500.00 Total Estimated Direct Services and In-Kind Staff Support (rounded up) $5,500.00 11 CC Agreement No. 2023-6 - Modified
EXHIBIT D
INSURANCE
1. Required Insurance. Before commencing any services, District must procure and maintain in full force and effect during the term of this Agreement the following types of insurance with at least the minimum coverage listed and subject to the applicable additional requirements set forth below:
Type of Insurance Limits (combined single)
Commercial General Liability $2,000,000 / $4,000,000 Aggregate Business Automobile Liability $2,000,000
Workers’ Compensation Statutory Requirements
2. Insurance Rating. All insurance required to be maintained by District must be issued by companies licensed by or admitted to conduct insurance business in the State of California by the California Department of Insurance and must have a rating of A- or better and Financial Size Category Class VII or better by the latest edition of A.M. Best’s Key Rating Guide, unless otherwise approved by City’s legal counsel.
3. Commercial General Liability Insurance. The commercial general liability insurance must meet or exceed the requirements of Insurance Services Office (ISO) form CG 00 01, and must be provided on a per occurrence basis for bodily injury, personal injury, and property damage. The policy must include liability that a) arises out of the ownership, maintenance, or use of real property; b) arises out of operations away from the business premises by employees or agents of the insured; c) includes contractual liability that has not been amended; d) arises out of the products manufactured, distributed, or sold; and e) arises out of operations that have been completed away from the premises. The insurance must be on an “occurrence” not a “claims made” basis. Defense costs must be paid in addition to limits. There must be no cross-liability exclusion for claims or suits by one insured against another. The insurance must include a waiver of subrogation applicable to the insurance or self-insurance, a primary and non-contributory endorsement, and an additional insured endorsement, all in favor of the City, its officers, employees and agents, and volunteers. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
4. Business Automobile Insurance. The business automobile insurance coverage must be at least as broad as ISO Business Auto Coverage form CA 00 01, covering bodily injury and property damage for all activities of the District arising out of or in connection with the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount stated above per combined single limit for each accident. The insurance must include a waiver of subrogation applicable to the insurance or self-insurance, a primary and non-contributory endorsement, and an additional insured endorsement, all in favor of the City, its officers, employees, agents, and volunteers.
5. Workers’ Compensation. If District has any employees, District must maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). The insurance must include a waiver of subrogation endorsement in favor of City, its officers, employees, agents, and volunteers. 12 CC Agreement No. 2023-6 - Modified
6. Umbrella or Excess Liability Insurance. If an excess or umbrella liability policy is used to meet minimum limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella or excess liability policy must include a “drop-down provision” requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason. Coverage must be provided on a “pay-on- behalf” basis, with defense costs payable in addition to policy limits. There may be no cross- liability exclusion precluding coverage for claims or suits by one insured against another. If District obtains and maintains an excess liability policy, such policy must be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies must include working that the excess liability policy follows the terms and conditions of the underlying policies. Coverage must be applicable to all insureds under the primary policies. The insurance must include a waiver of subrogation applicable to the insurance or self-insurance, a primary and non-contributory endorsement, and an additional insured endorsement, all in favor of the City, its officers, employees and agents, and volunteers.. The scope of coverage provided is subject to approval of City following receipt of the required proof of insurance.
7. Deductibles and Self-Insured Retention . Any deductibles or self-insured retentions applicable to the insurance policies required under this Agreement must be declared to and approved by City. In no event may any required insurance policy have a deductible, self- insured retention or other similar policy provision in excess of $50,000 without prior written approval by City in its sole discretion. At the option of City, either the insurer will reduce or eliminate such deductibles or self-insured retentions with respect to the City’s additional insureds or District will procure a bond guaranteeing payment of any losses, damages, expenses, costs or settlements up to the amount of such deductibles or self-insured retentions.
8. Certificates of Insurance and Endorsements; Notice of Termination or Changes to Policies. Prior to commencing any services under this Agreement, District must file with the City certificates of insurance and endorsements evidencing the existence of all insurance required by this Agreement, along with such other evidence of insurance or certified copies of policies as may reasonably be required by City. These certificates of insurance and endorsements must be in a form approved by the City’s legal counsel. District must maintain current certificates and endorsements on file with City during the term of this Agreement reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination or cancellation of the required coverage, will be effective except upon 30 days’ prior written notice to City (except for nonpayment for which a 10-day notice is required). The delivery to City of any certificates of insurance or endorsements that do not comply with the requirements of this Agreement will not waive the City’s right to require compliance. In the event that District’s policies are materially changed, District must provide the City with at least 30 days’ prior written notice of the applicable changes. City reserves the right to require complete, certified copies of all required insurance policies at any time.
9. Failure to Maintain Required Insurance . If District, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at District’s expense and deduct the cost from the sums due District. Alternatively, City may terminate the Agreement.
10. Effect of Coverage . The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit District’s indemnity obligations under this 13 CC Agreement No. 2023-6 - Modified
Agreement. District acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the District or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
11. Required Insurance for Subcontractors. District agrees to ensure that any subcontractors providing services under this Agreement provide the same minimum insurance coverage and endorsements required of District. District agrees to review and monitor all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
12. Right to Revise Insurance Specifications . City reserves the right to change the amounts and types of insurance required by giving District at least 90 days advance written notice of such change. If such change results in substantial additional cost to District, the parties may renegotiate District’s compensation.
13. Timely Notice of Claims. District must give City prompt notice of claims made of lawsuits initiated that arise out of or result from District’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies. 14 CC Agreement No. 2023-6 - Modified