1 CONTRACT NO. C26196212
BETWEEN
CITY OF PALO ALTO
AND
MIDPENINSULA COMMUNITY MEDIA CENTER, INC.
FOR CABLECASTING, PRODUCTION, AND
STREAMING SERVICES
This Cablecasting, Production, and Streaming Services Agreement (the “Agreement”), dated as of December 15, 2025, is entered into by and between the CITY OF PALO ALTO, a California chartered municipal corporation (the "City"), and the MIDPENINSULA COMMUNITY MEDIA CENTER, INC., a corporation organized under the California Nonprofit Public Benefit Corporation Law ("Mi dpen Media") (individually, a “Party” and, collectively, the “Parties”), in reference to the following facts and circumstances:
RECITALS:
1. The City is a party to the Amended and Restated Joint Exercise of Powers Agreement, dated June 23, 2009, and as hereinafter may be amended ("JPA Agreement"), by and between the Cities of Palo Alto, East Palo Alto and Menlo Park, the Town of Atherton and th e Counties of San Mateo and Santa Clara (collectively, “Joint Powers” or “JPA”), and is authorized to act on behalf of the JPA members.
2. The City desires to provide support for the use of cable television public, educational, and government (“PEG”) access channels provided pursuant to federal and City law.
3. Pursuant to the Digital Infrastructure and Video Competition Act of 2006, codified at Cal. Util. Code §§ 5800 et seq. (“DIVCA”), the California Public Utilities Commission (“CPUC”) has granted separate video franchises to AT&T and Comcast to serve areas that include the jurisdictions of the JPA members. (AT&T, Comcast and any other entity franchised by the CPUC as a video service provider to provide video service within the jurisdictional area of any JPA member is referred to, individually, as “Cable Compan y” and, collectively, as “Cable Companies”.)
4. DIVCA permits, and the City’s Cable Television Ordinance No. 4636, adopted May 8, 2000, provides that (A) the City may designate a nonprofit access management entity (“Access Corporation”) to operate and administer PEG access facilities, equipment and channels (“PEG Facilities” or "PEG Facilities and Channels,” as appropriate), (B) certain channel capacity shall be provided by Cable Companies for PEG access, (C) certain ongoing payments shall be made by Cable Companies for PEG Facilities, and (D) certain se rvices shall be provided by Cable Companies for PEG Facilities.
5. By an agreement between the City and Midpen Media, dated July 1, 2020, Midpen Media agreed to provide certain services to the City relating to support of City governmental access programming.
6. The City , by City Council Resolution No. 8100, adopted October 22,
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2 2001, has designated Midpen Media as the Access Corporation to operate and manage the PEG Facilities and Channels. Midpen Media has served in such capacity since 2001, through a series of agreements.
7. Midpen Media has agreed to continue to serve as the Access Corporation designated by the City and to serve the JPA community by providing PEG access facilities, programming and services.
8. The City wishes Midpen Media to continue to provide, and Midpen Media wishes to provide, to the City certain services relating to and supporting the development, production, cablecasting and video streaming of City governmental access programming.
NOW, THEREFORE, in consideration of the recitals and the following mutual covenants, terms and conditions, the Parties agree:
SECTION 1. TERM OF AGREEMENT; TERMINATION
1.1 The term of this Agreement is three (3) years, commencing on December 15, 2025, unless it is terminated earlier, as provided in this Agreement.
1.2 This Agreement may be extended, by mutual agreement of the Parties, in writing, for up to two (2) additional one-year periods.
1.3 On or before January 1, 2028, the Media Center shall give the City written notice of its intention to seek an extension. If the Agreement is extended, on or before January 1, 2029, the Media Center shall give the City written notice of its intention to seek an additional extension.
1.4 On or before March 31, 2028 (and March 31, 2029, if the Agreement is extended in 2028), the City shall respond to the Media Center’s request for an extension, stating either the City’s decision to extend or not to extend. The City shall not be required to provide any reason for approving or denying the Media Center’s request.
1.5 Either Party may terminate this Agreement for convenience, on not less than one hundred eighty (180) days’ prior written notice.
SECTION 2. SCOPE OF SERVICES AND COMPENSATION
2.1 General. Midpen Media's work for the City shall be scheduled at the City’s convenience based on the deadlines mutually agreed to between Midpen Media and the City.
Absence of Midpen Media’s staff will not justify Midpen Media’s failure to comply with deadlines. Midpen Media will provide technical expertise and trained staff for City projects.
Midpen Media will operate and maintain equipment for City projects.
2.2 Administration. Midpen Media shall maintain a backup library of electronic recordings of City meetings recorded under this Agreement for a period of one year after the expiration of the term.
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3 2.3 Marketing and Publicity. Midpen Media will provide marketing and publicity of City programs, including, but not limited to, television and digital signage announcements. The City will augment this publicity as needed.
2.4 Services and Compensation.
2.4.1 Cablecasting services: Midpen Media shall cablecast all City Council, Commission, Board and Committee meetings, as set forth in Exhibit A, attached hereto and made a part hereof. These meetings will be aired on Government Access Channel 26; in the event Midpen Media Center cablecasts two City meetings at the same time, the second meeting will be aired on Government Access Channel 29 or in accordance with the JPA’s government channel policies and procedures when there is a scheduling conflict with another JPA member. Midpen Media shall bill the City on a monthly basis, at the hourly rates set forth in Exhibit B, attached hereto made a part hereof, for actual cablecasting hours.
2.4.2 Other production services, special events, and support services for City emergency operations: Midpen Media shall cablecast the Mayor’s State of the City address and the annual City Council retreat. Midpen Media will provide broadcasting support services for City emergency operations as needed. Other video production needs may be identified during the year.
Midpen Media shall bill the City on a monthly basis for hours associated with these services, in accordance with the hourly rates set forth in Exhibit B.
2.4.2.1 Other productions and special events.
(A) The City will attempt to provide a minimum of five (5) business days prior written notice of its desire to have other productions, special events or activities recorded. Subject to any pre -existing contractual obligations and personnel and equipment avail ability, Midpen Media shall attempt to provide the services requested by the City.
2.4.3 Streaming services: Midpen Media shall stream live any meeting cablecast on Government Access Channels. These Internet streams shall be accessible to users of established computer operating systems, devices, and internet browsers.
(A) Midpen Media shall index and archive City meetings and post links to meeting archives on the Midpen Media website. Midpen Media shall make reasonable efforts to post meeting recordings on the Midpen Media website within two (2) business days following each meeting, and shall remain continuously available thereafter. Midpen Media shall use YouTube for indexing and archiving services, subject to YouTube’s then-current availability and access policies.
Any alternate format shall be mutually agreed to by the Parties. (B) Midpen Media shall notify the City within two (2) hours of discovering that its website is disabled or off line, or any of the archived City recordings is unavailable to the public.
Midpen Media shall make reasonable and diligent and efforts, working with YouTube as necessary, to restore access as soon as reasonably practicable, and will provide the City with timely updates regarding progress.
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4 Midpen Media shall deliver to the City a complete copy of all archived recordings on media provided by the City, in a machine-readable format mutually agreed-upon by the parties, within 30 days. This paragraph shall survive the termination or expiration of this Agreement.
Midpen Media shall bill the City on a monthly basis for hours associated with these services, in accordance with the hourly rates set forth in Exhibit B.
2.4.4 City’s Utilities Department special events: Midpen Media shall record Utilities Department special events (including, but not limited to, meetings, workshops, and Facility Manager meetings) or as requested by the Manager of Utilities Program Services or his/her designee, provided five working days’ notice is given. Midpen Media shall bill the City on a monthly basis for hours associated with these services, in accordance with the hourly rates set forth in Exhibit B.
2.4.5 Compensation: The total amount of Midpen Media's billings shall not exceed One Hundred Eighty Thousand Dollars ($ 180,000) per year. Of this amount, Midpen Media’s billings for Utilities Department events as described in Section 2.4. 4 above shall not exceed Forty Thousand Dollars ($40,000) per year.
2.4.6 Prompt Payment. The City will pay Midpen Media within thirty (30) days of receipt of a proper invoice from Midpen Media.
SECTION 3. INDEMNITY; LIMITATION OF LIABILITY
3.1 Midpen Media shall indemnify and defend the City, and its elected and appointed officers and employees (an “Indemnified Party” or collectively “Indemnified Parties”), against any third -party claim (a) arising or resulting from or out of Midpen Media’s failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, or (b) of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, which claim, directly or indirect ly, results from Midpen Media’s use, or Midpen Media’s supervision of use by others, of channels, funds, equipment, facilities or staff granted under this Agreement, City law or the Cable Companies’ CPUC video service franchises.
Midpen Media shall pay any costs or damages finally awarded by a court of competent jurisdiction or agreed upon in settlement. Midpen Media’s obligation under this Section are contingent on Midpen Media receiving prompt notice of any claim from the applicable Indemnified Party, sole control of the defense and settlement of any dispute (provided that an Indemnified Party may participate in such defense with counsel of its own choice at its own cost), and reasonable cooperation, at Midpen Media’s sole expense, from the Indemnified Parties.
3.2 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES,
INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO
THIS AGREEMENT, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MIDPEN MEDIA’S TOTAL CUMULATIVE
LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $1,000,000. THIS SECTION DOES NOT LIMIT EITHER PARTY’S LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE.
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5 SECTION 4. COPYRIGHTS
The City shall own the copyright of any programs created or produced as a result of this Agreement, and Midpen Media shall make no claim of copyright or ownership of any such programming.
SECTION 5. DISTRIBUTION RIGHTS
Unless otherwise directed by the City, Midpen Media shall ensure that all programs produced under this Agreement shall be distributed on the governmental access channel(s) and the web, as described in this Agreement. This paragraph shall not be interpreted to restrict other distribution (beyond distribution on the channel(s) authorized by this Agreement), so long as such other distribution is with the prior written consent of the City and consistent with any pertinent guidelines established by the City, ap plicable PEG access operating policies and procedures, and applicable law.
SECTION 6. INSURANCE
6.1 Midpen Media, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit “C”, attached hereto and made a part hereof, and as follows in Section 6.1.1. Midpen Media and its contractors, if any, shall obtain a policy endorsement naming CITY as additional insured under any general liability or automobile policy or policies.
6.1.1 Cablecasters’ Errors and Omissions Insurance in an amount not less than $1,000,000, each occurrence and aggregate covering the content of productions which are cablecast on the access channel(s) in, at a minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress; invasion of privacy; plagiarism; and the misuse of musical or literary materials.
6.2 All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are authorized to transact insurance business in the State of California. Any and all contractors of Midpen Media retained to perform services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming the CITY as additional insured under such policies as required above.
6.3 Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this agreement. The certificates will be subject to the approval of the City’s Risk Manager and will contain an endorsement stating that the insurance is pri mary coverage and will not be canceled, or materially reduced in coverage or limits, except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. Midpen Media shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of Midpen Media’s receipt of such notice. Midpen Media shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
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6 6.4 The procuring of such required policy or policies of insurance will not be construed to limit Midpen Media’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, Midpen Me dia will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 7. NONDISCRIMINATION
7.1 Midpen Media shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, ge netic information or condition, housing status, marital status, familial status, weight or height of such person.
7.2 Midpen Media shall not discriminate in the delivery of services on the basis race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, m arital status, familial status, weight or height of such person.
SECTION 8. INDEPENDENT CONTRACTOR
It is understood and agreed that Midpen Media is an independent contractor and that no relationship of principal and agent or employer and employee exists between the Parties. If in the performance of this Agreement any third persons are employed by Midpen Media, such persons shall be entirely and exclusively under the control, direction and supervision of Midpen Media.
All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by Midpen Media, and the City shall have no right or authority over such persons or terms of employment.
SECTION 9. ASSIGNMENT
Neither this Agreement, nor any interest herein, shall be assigned, encumbered or transferred by Midpen Media or its current board or members to any other person, either directly or indirectly, except as may be expressly authorized in writing by the City prior to any such assignment, encumbrance or transfer.
SECTION 10. RECORDS
Midpen Media shall maintain all necessary books and records in connection with the services provided pursuant to this Agreement . Upon receipt of a reasonable request of the City, Midpen Media shall, at any time during its normal business hours, make available to the City or its agents or representatives all of its records with respect to all matters covered by this Agreement.
SECTION 11. NON-APPROPRIATIONS
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7 and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any City fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within the City's fiscal year in the e vent that funds are only appropriated for a portion of the fiscal years and funds for this Agreement are no longer available.
SECTION 12. DEFAULT; REMEDIES FOR DEFAULT
12.1 Midpen Media shall be in default of this Agreement if it fails to perform any of its material obligations under this Agreement. If the Media Center fails to cure a default within forty-five (45) days after the City gives Mipen Media notice of default, the City shall give written notice to the Media Center that it has materially breached this Agreement, and the notice of termination shall become effective on the date specified in the notice by the City.
12.2 Section 12.1 notwithstanding, Midpen Media shall be in immediate default of this Agreement if any of its officers, employees, or agents misappropriates public funds provided to Midpen Media under this Agreement by the City or any Cable Company pursuant to a franchise agreement, or if it fails to obtain and maintain its tax exemption status under Section 501(c)(3) of the Internal Revenue Code of 1986.
SECTION 13. NOTICES
13.1 All notices and other communications to be given by either Party may be given, in writing, by depositing the same in the United States mail, postage prepaid and addressed to the appropriate Party, as follows:
To City: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To Midpen Media: Midpeninsula Community Media Center, Inc. 900 San Antonio Road
Palo Alto, CA 94303
13.2 Any Party may change its address for notice by written notice to the other Party at any time.
SECTION 14. MISCELLANEOUS PROVISIONS
14.1 Each Party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement.
14.2 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law.
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8 14.3 This Agreement shall be governed and interpreted in accordance with the laws of the State of California, without regard to its conflicts of law rules or principles.
14.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
14.5 The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties.
14.6 All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement.
14.7 This Agreement is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid.
14.8 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
14.9 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement.
[SIGNATURES ARE SET FORTH ON THE FOLLOWING PAGE]
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9 IN WITNESS WHEREOF, the Parties by their duly appointed representatives have executed this Agreement as of the date written above.
ATTEST: CITY OF PALO ALTO:
City Clerk Mayor
APPROVED AS TO FORM: MIDPENINSULA COMMUNITY MEDIA
CENTER, INC.:
________________________________ By:______________________________ City Attorney or Designee
Name:___________________________
Title:____________________________
APPROVED:
________________________________
City Manager of Designee
APPROVED:
________________________________
Chief Information Officer
APPROVED:
________________________________
Risk Manager
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Executive Director
10 EXHIBIT A
Midpen Media shall cablecast the following meetings:
• All Palo Alto City Council meetings held in the City Council Chambers or Community Meeting Room
• All Palo Alto Planning and Transportation Commission meetings held in the City Council Chambers or Community Meeting Room
• All Palo Alto Utilities Advisory Commission meetings held in the City Council Chambers or Community Meeting Room
• All Palo Alto City Council Finance Committee meetings held in the City Council Chambers or Community Meeting Room
• All Palo Alto City Council Policy and Services Committee meetings held in the City Council Chambers or Community Meeting Room
• All Palo Alto Architectural Review Board meetings held in the City Council Chambers or Community Meeting Room
• All Palo Alto Historic Resources Board meetings held in the City Council Chambers or Community Meeting Room
• All Human Relations Commission meetings held in the City Council Chambers or Council Conference Room
• All Library Advisory Commission meetings held in the City Council Chambers or Community Meeting Room
• All Parks and Recreation Commission meetings held in the City Council Chambers or Community Meeting Room
• All Public Art Commission meetings held in the City Council Chambers or Community Meeting Room
• All City Council Rail Committee meetings held in the City Council Chambers or the Community Meeting Room
• All meetings of any other ad hoc or regular City Council committee that may be established by the City Council, in the City Council Chambers or the Community Meeting Room • Citizen Advisory Committee meetings
• Any special meetings as requested by the Palo Alto City Council or Palo Alto City Manager or his designee, provided five working days’ notice is given Docusign Envelope ID: E34B3B82-199D-4E3A-AF43-9D707922A7BE
11 • As requested, any special events at Mitchel Park
• As requested, any Palo Alto City Library event
• Christmas Tree Lighting events and as requested, any holiday / special events • All mayoral-related special events
• All firefighter public seminar events
• All sibling city events as may be requested.
City may notify Midpen Media that the cablecast of any of the above meetings are not required for a certain date(s) or period of time. Further, if any of the legislative or advisory bodies listed no longer require cablecasting, City will notify Midpen Media. City may request that Midpen Media cablecast the meetings of other bodies formed during the term of this Agreement; the cablecasting of these additional meetings may be added by a writing signed by City’s Cable Coordinator and Midpen Media’s Chief Executive Officer.
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12 EXHIBIT “B”
SCHEDULE OF RATES
Midpen Media shall charge City according to the following schedule of rates for performing the following services related to governmental access programming:
Meeting Coverage (three-hour minimum):
City Hall Video Coverage: $126.00 per hour
Single Camera Coverage with City
equipment at location: $126.00 per hour
Single Camera Coverage with Media
Center equipment: $136.00 per hour
Remote video coverage with the studio $287.00 per hour
in a box. Crew of 3 requires 4.0 hrs/set
up, plus breakdown and transportation
time (minimum of 2 hrs of meeting coverage)
Parking Permit Reimbursement for meetings starting Visitor Permit Fee Before 3pm
Cancellation fee (for City’s
cancellation of scheduled Midpen Media
coverage without 24 hours' prior notice
the Midpen Media): $314.00 flat fee
Additional Services:
Web indexing and archiving: $115.00 per meeting
Server storage for archived meetings: $179.00 per month Video clip preparation: $105.00 per hour
I-Net Services: $145.00 per hour
Program Development:
Site visit and planning: $159.00 per hour Videography with equipment: $131.00 per hour Editing: $105.00 per hour Hosting and preparation: $145.00 per hour Studio crew per person: $65.00 per hour
Technical Consult/Troubleshooting $159.00 per hour
Duplication of videotapes/DVD’s of meetings:
Meetings under two hours $28.00 per dup Meetings over two hours $38.00 per dup
Provide training and / or certification in the use 10% discount Of equipment, channels, and services for City from generally Employees applicable rate
The foregoing rates shall remain unchanged though December 31, 2025. Thereafter, the Midpen Media may increase these rates, no more often than once per calendar year, provided that, absent the prior consent of the City, any such increase in rates shall not exceed the amount of the increase Docusign Envelope ID: E34B3B82-199D-4E3A-AF43-9D707922A7BE
13 in the Consumer Price Index – All Urban Consumers for the San Francisco -Oakland-San Jose MSA during the preceding calendar year.
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14 EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION EMPLOYER’S
LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED : CONTRACTOR, AT ITS
SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT
THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE
COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS Docusign Envelope ID: E34B3B82-199D-4E3A-AF43-9D707922A7BE
15 POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT
REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON - PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON -PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE EMAILED TO: [email protected]
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