RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Three (3) Year Agreement To Pay The City Of Oakland For Library Services In the Following Amounts: Fiscal Year 2023-2024, One Hundred Twenty-Six Thousand Dollars ($126,000), Fiscal Year 2024-2025, One Hundred Thirty Two Thousand Three Hundred Dollars ($132,300) And Fiscal Year 2025-2026, One Hundred Thirty-Eight Thousand Nine Hundred Fifteen Hundred Dollars ($138,915)
WHEREAS, Emeryville residents have been receiving library services, including reciprocal privileges throughout the statewide library system, through the Oakland Public Library (OPL) for many years; and
WHEREAS, the last contract between the two cities was for a three-year period from 2020 through 2023 under which the City paid $120,000 per year to Oakland for the library services; and
WHEREAS, Oakland staff indicated their support to continue to provide Emeryville residents library services with a 5% increase per year; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville authorizes the City Manager to enter into a three-year Agreement, in the form attached hereto as Exhibit A, to provide funding to the City of Oakland to support library services for the City of Emeryville in the amount of $126,000 for FY 2023-2024, $132,300 for FY2024-2025 and $138,915 for FY 2025-2026).
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, February 6, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Proposed City of Oakland Library Agreement FY2023-2024 through FY 2025-2026 DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C
CALIFORNIA
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to CITY OF OAKLAND.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, 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 or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy. Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 06/2019
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability
All Contract Types
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
Construction Specific
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage. Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 06/2019
respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 06/2019
land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. SEPARATION OF INSUREDS; NO SPECIAL LIMITATIONS
All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 06/2019
certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must 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, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
DocuSign Envelope ID: 4B958DC0-0155-47D0-B79F-3503CCEFBF2C