LICENSE AGREEMENT
BETWEEN THE
CITY OF REDONDO BEACH
AND
SOUTH BAY PARKLAND CONSERVANCY
FOR
COMMUNITY GARDEN
THIS LICENSE AGREEMENT (“License”) is entered into between the City of Redondo Beach (“City”), a municipal corporation, and South Bay Parkland Conservancy, a 501(c)(3) non-profit organization (hereinafter “SBPC”).
Whereas, SBPC desires to operate a community garden at Alta Vista Park for the benefit of the Redondo Beach community; and
Whereas, City also desires to have a community garden at Alta Vista Park for the benefit of the Redondo Beach community but does not have sufficient resources to allocate to accomplish that goal; and
Whereas, SBPC represents and warrants that it possesses the qualifications, experience and expertise to construct, operate and maintain a community garden ; and Whereas, a community garden is a use consistent with park and open space purposes and will enhance the overall appearance of Alta Vista Park and provide a new outdoor recreational opportunity for Redondo Beach residents of all ages.
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. Premises: The City hereby issues a revocable license to SBPC for the nonexclusive use of approximately 4,500 square feet of the southwest parkway of Alta Vista Park (“Premises”), as depicted in the site plan attached hereto as Exhibit “A” and incorporated herein by this reference.
2. Use of Premises: The Premises shall be used for the operation of a Community Garden Project (“Community Garden Project” or “Project”) and for no other purpose. SBPC shall be responsible for the maintenance, operation and conduct of the Community Garden Project.
3. Condition of Premises and Improvements: SBPC accepts the Premises in “ASIs” condition and City shall not be required to make any alternations, 2 improvements or repairs therein or thereon to accommodate use of the Premises by SBPC except for the improvements outlined in Exhibit “B” and is incorporated herein by this reference. SBPC shall not make any permanent changes or alterations to the Premises without City’s prior written consent. Artificial lighting is prohibited. Any approved changes or alterations shall be completed at the sole expense of SBPC. Upon termination of this License, SBPC shall remove all materials, equipment and other personal property from the Premises and shall restore the Premises to the same condition as existing immediately prior to the change or alteration.
4. Consideration: SBPC agrees operate the Community Garden and City agrees to allow SBPC to operate the Community Garden for City. SBPC nor any gardener shall sell any food grown in the Premises. Any fees SBPC charge to gardeners for use of a plot in the Community Garden Project shall be subject to prior approval of City.
5. Term: Unless terminated pursuant to Sections 16 and 17 below, this License shall commence on March 1, 2022 and terminate on February 28, 2027.
Following completion of the initial term, this License may be extended upon mutual written agreement by the City and SBPC.
6. Hours of Operation: The Community Garden Project shall be open daily for gardening activities between the hours of 6am – Sunset. SBPC shall be responsible to enforce the Community Garden Project operation hours and shall be responsible to close and secure the Premises during hours of non-operation.
7. Rules of Operation: SBPC shall be solely responsible for the operation of the Community Garden Project including the assignment of garden plots, maintaining wait-lists, hours of operation, access to the Premises, the conduct of gardeners, and all related activities. Gardeners are strictly prohibited from growing cannabis or any illegal crop as defined under State or Federal laws. The operating rules for gardeners are attached hereto as Exhibit “C” and incorporated herein by this reference.
8. Utilities and Maintenance: SBPC shall be solely responsible for all work, including labor and materials, costs, utilities, including but not limited to, water usage exceeding volume (5.4 CCF per month) used for proposed Community Garden area, for the construction, operation and maintenance of the Community Garden Project. SBPC agrees it has received the Premises in satisfactory condition and shall maintain the Premises in a clean, orderly and sanitary condition at all times during the term of this License. SBPC shall be responsible for all damage to the Premises and any City property caused by the use of the Premises by SBPC and any gardeners and shall reimburse City for the cost to remediate such damage.
3 9. Notice: Written notices to City and SBPC shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
a. SBPC. South Bay Parkland Conservancy
2215 Artesia Blvd., #1821
Redondo Beach, CA 90278
Attn: Jim Light, President
b. City. City of Redondo Beach
1922 Artesia Blvd.
Redondo Beach, CA 90278
Attn: Cameron Harding, Director of Community Services
And
City of Redondo Beach
531 N. Gertruda
Redondo Beach, CA 90277
Attn: Mike Klein, Deputy Director, Public Works
c. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
10.Not City Employee: SBPC acknowledges, represents and warrants that SBPC is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather a non-profit organization. This License shall not be construed as a contract of employment. SBPC shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this License.
Due to the independent SBPC relationship created by this License, the City shall not withhold state or federal income taxes, the reporting of which shall be SBPC's sole responsibility.
11.City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this License shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, SBPC shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without SBPC's consent. Notwithstanding the foregoing, SBPC shall not be obligated to assign any proprietary software or data developed by or at the direction of SBPC for SBPC's own use; provided, however, that SBPC shall, 4 pursuant to Paragraph 20 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
12.Inspection. If the services set forth herein shall be performed on City or other public property, the City shall have the right to inspect such work without notice.
If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice. Inspections by the City shall not relieve or minimize the responsibility of SBPC to conduct any inspections SBPC has agreed to perform pursuant to the terms of this License.
SBPC shall be solely liable for said inspections performed by SBPC. SBPC shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by SBPC hereunder.
13.Services. The Project or services set forth herein shall be performed to the full satisfaction and approval of the City. City shall furnish SBPC to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of SBPC's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of SBPC.
14.Records. SBPC, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee and volunteer time sheets, work papers, and correspondence pertaining only to this Project or services rendered for this Project as set forth herein. SBPC, including any of its subs shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after SBPC's completion of performance of this License. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
15.Professional Ability. SBPC acknowledges, represents and warrants that SBPC is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of SBPC as a material inducement to enter into this License. SBPC shall perform in accordance with generally accepted professional practices and standards of SBPC's profession.
16.Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this License at any time, upon written notice to SBPC. SBPC shall immediately vacate the Premises and SBPC shall have 14 days to remove all materials, equipment and other personal property from the Premises and shall restore the Premises to a mutually agreed upon condition. 5 17.Termination in the Event of Default. Should SBPC fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this License, the City may terminate this License by giving written notice of such termination, stating the reasons for such termination.
SBPC shall immediately vacate the Premises and SBPC shall have 14 days to remove all materials, equipment and other personal property from the Premises and shall restore the Premises to a mutually agreed upon condition. SBPC may request a cure period of 15 days. City may grant such cure request at its sole discretion.
18.Conflict of Interest. SBPC acknowledges, represents and warrants that SBPC shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this License. SBPC further acknowledges, represents and warrants that SBPC has no business relationship or arrangement of any kind with any City official or employee with respect to this License. SBPC acknowledges that in the event that SBPC shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this License, all consideration received under this License shall be forfeited and returned to City forthwith. This provision shall survive the termination of this License for one (1) year.
19.Indemnity. To the maximum extent permitted by law, SBPC hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of SBPC’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the License, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. SBPC’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by SBPC or Indemnitees. This indemnification obligation shall survive this License and shall not be limited by any term of any insurance policy required under this License.
20.Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against SBPC because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this License.
21.Waiver of Right of Subrogation. SBPC, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
6 22.Insurance. SBPC shall comply with the requirements set forth in Exhibit "C." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this License. Further, all volunteers, gardeners and workers shall execute a "release of liability" in the form attached to Exhibit "D" prior to working on the Project.
23.Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this License.
24.Compliance with Laws. SBPC shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this License, including without limitation all environmental laws, employment laws, and nondiscrimination laws.
25.Limitations On Assignment. SBPC acknowledges that the services which SBPC shall provide under this License are unique, personal services which, except as otherwise provided herein, SBPC shall not assign or sublet to any other party.
Any attempt by SBPC to assign any or all of its rights under this License without first obtaining the City's prior written consent shall constitute a material default under this License.
26.Integration. This License constitutes the entire License between the parties concerning the subject matter hereof and supersedes any previous oral or written License; provided, however, that correspondence or documents exchanged between SBPC and City may be used to assist in the interpretation of the exhibits to this License.
27.Amendment. This License may be amended or modified only by a subsequent written amendment executed by both parties.
28.Conflicting Provisions. In the event of a conflict between the terms and conditions of this License and those of any exhibit or attachment hereto, this License proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by SBPC.
29.Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference.
30.Time of Essence. Time is of the essence of this License.
31.Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this License shall not be considered "third parties." 7 32.Governing Law and Venue. This License shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law.
Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
33.Attorneys’ Fees. In the event either party to this License brings any action to enforce or interpret this License, the prevailing party in such action shall be entitled to reasonable attorneys’ fees (including expert witness fees) and costs.
This provision shall survive the termination of this License.
34.Claims. Any claim by SBPC against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
35.Interpretation. SBPC acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this License. This License shall be interpreted as if drafted by both parties.
36.Severance. Any provision of this License that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this License shall remain enforceable to the fullest extent permitted by law.
37.Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this License on behalf of City. The party signing on behalf of SBPC warrants and represents that he or she is duly authorized to enter into and execute this License on behalf of SBPC, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this License on behalf of SBPC.
38.Waiver. The waiver by the City of any breach of any term or provision of this License shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
8 IN WITNESS WHEREOF, the parties have executed this License in Redondo Beach, California, as of this 15th day of March, 2022.
CITY OF REDONDO BEACH, SOUTH BAY PARKLAND
A chartered municipal corporation CONSERVANCY, a 501(c)(3) nonprofit organization ___________________________ ___________________________ Mayor William C. Brand Jim Light
President
ATTEST: APPROVED:
______ ____________________________
Eleanor Manzano, CMC, City Clerk Risk Manager
APPROVED AS TO FORM:
Michael W. Webb, City Attorney
9 EXHIBIT “A”
PREMISES
See attached aerial depiction and site plan.
CP
CONCEPT
PLAN
CCY
designs
Landscape Design,
Planning & Drafting
Lic# 982945
DRAWN:
CHECKED:
DATE:
SCALE:
JOB #:
C.Y.
SHEET NO.
C.Y.
As Noted
CCY-21-011
07-21-21
Chad
Christopher
Yagodzinski
(818) 515 - 4106
232 Avenue F, Unit C
Redondo Beach, Ca
[email protected]
REVISIONS
# DATE BY
RBCG Project
Alta Vista Park
Redondo Beach, CA
Sheet Title: Residence:
Mara Lang
(714) 612-2499
[email protected]
NORTH
O 8' 16' 8' 4'
SCALE 1
8"=1'-0"
(/(9$7,21B&20081,7<*$5'(1)(1&( *$7( 6(&7,21B&20081,7<*$5'(15$,6('%('6 10 EXHIBIT “B”
ALTERATIONS
City will prep site: ADA access (curb cut, HC Parking spaces designation, ADA ramp, and concrete pad to CG gate), perimeter fencing (including up to two gates) and water connections (a single or couple of points of connections from the City’s irrigation system into the perimeter of the CG).
11 EXHIBIT “C”
RULES OF OPERATION
See attached.
Garden Membership Agreements
Welcome to the Redondo Beach Community Garden. The mission of the Redondo Beach Community Garden is to provide residents of Redondo Beach with a space to grow food, build community, and practice sustainable and healthy living.
Garden beds and land are in high demand and require time and effort. Please understand the commitments and guidelines below to keep the gardens a wonderful place for the community.
1. Hours of operations are from sunrise to sunset year-round. For safety reasons gardeners must ensure gates are locked at all times, especially when leaving.
2. Garden members will be given access to the garden with a lock combination. Combination codes cannot be given out to non-members.
3. Garden members must only manage their assigned plots. Do not weed, water, or take from other plots without clear permission.
4. Garden members must not use abusive or profane language or discriminate against others for any reason including but not limited to: age, race, religion, national origin, gender, sex, sexual orientation, political affiliation, or ability.
5. Alcohol, tobacco, illegal drugs, firearms, and gambling are prohibited in the garden. Access to the garden is a privilege and can be revoked if an individual is found to be under the influence of alcohol or illegal drugs.
6. Guests are welcome, but only while accompanied by a garden member. Guests and visitors must follow the same rules as members.
7. Children under the age of 18 must be supervised and accompanied by a responsible adult.
8. Pets are not allowed in the garden.
9. Community events may only be held in the garden with the permission of the Garden Leadership Team.
10. Headphones must be used if listening to music in the garden, except for at a community event with the permission of the Garden Leadership Team.
11. Report accidents or vandalism promptly to the garden leadership team. Call 9-1-1 for emergencies or (310) 379-5411 for the City of Redondo Beach non-emergency police services.
Garden Plot Responsibilities and Requirements
12. Gardeners must begin working on their plot within 15 days of receiving access.
13. Plots must not remain fallow for three weeks or longer. Please notify the Garden Leadership Team if you wish to relinquish your plot.
Note: If gardeners are unable to attend for an extended period of time due to illness or other circumstances please notify the Garden Leadership Team. If such circumstances arise, you may appoint another person to temporarily maintain your plot.
14. For the safety of others and longevity of the garden space, garden members are not allowed to grow any of the following substances**: invasive species, illegal plants, marijuna/cannabis, tobacco, coffee, mint & woody herbs, bamboo, morning glory, poisonous plants, berry vines, cactus, thorny plants, & trees of any kind. **This list is subject to addition and change by the Garden Leadership Team
15. Garden members must keep plants within the border of their assigned plots. Plants should not exceed 4 feet in height, to prevent shading of neighboring plots or extending to pathways.
16. Gardeners are responsible for keeping their plot and surrounding area clean and clear. Removal of all trash, recyclables, and garden trimmings is required. Pathways must be kept clear to allow shared access to neighboring beds.
17. Garden members with plots must remove all weeds, pests, and disease. Swift removal prevents further invasion to the entire garden. Removal methods must be chemical and pesticide-free. ○ No pesticides, insecticides, herbicides, or chemical fertilizers are allowed. If you have questions about organic and pesticide-free amendments to use, please ask the Garden Leadership Team.
18. Garden members are permitted to bring tools, garden bags, and equipment. All items must not obstruct pathways and cannot be left at the garden. All community tools and hoses must be returned to their original storage location upon completion of use. Please report any damaged tools or equipment to the Garden Manager immediately.
19. California state standards for conservation of water must be followed.
20. Garden members are required to complete two volunteer hours per quarter in the communal garden areas.
Volunteer hours can be completed at designated workdays or outside of workdays with tasks outlined by the Garden Manager.
21. Garden members are required to attend biannual meetings at the community garden. Other community meetings, workdays, and events will be held regularly for members to attend.
Plot Assignment
22. Garden member plots are available only to current residents of Redondo Beach. Proof of residency is required before plot assignment and plot renewal.
23. Only one garden plot can be reserved per household.
24. Mid-year or end-of-year transfer of a plot to other individuals is not permitted. Interested plot-holders should place applications via the standard application process.
25. Plots are assigned for a 12-month period. Renewal is not automatic and is based on gardeners’ following the rules. After a plot has been renewed once (after 2 years), it may be reassigned to someone on the garden waitlist.
26. If all plots have been assigned, an applicant will be placed on a waitlist. The volunteer Garden Leadership Team will maintain this waitlist.
27. A plot fee of $100 per year is due on the 4th Saturday in January. The plot fee will be reassessed on an annual basis to ensure that it covers the cost of the water bills and basic garden maintenance. (This yearly fee is subject to change based on increased garden maintenance costs and/or water supply cost from the City of Redondo Beach.)
28. There are no refunds of fees upon forfeiture or removal from the garden plot.
Violation of Agreement
❖ Gardeners can be asked to leave the garden and forfeit their plot and membership if found violating the rules. ❖ If the conditions for participation are not met, there will be a minimum of one verbal warning. If no response or corrective action is made, written notice will be given one month later. Following one month, if no corrective action has been taken then a final notice will be issued and the plot is forfeited. At any point during this process, an appeal to the full Garden Leadership Team may be made.
❖ After a period of one year, a terminated applicant may reapply subject to Leadership Team approval.
Jan 24, 2022
Redondo Beach Community Garden Waiver of Liability Form Date: ________________________
Primary garden member name: _________________________________________________________________________ Home address: _____________________________________ City: ____________________________ Zip: _____________ Email: ______________________________________________ Phone: ___________________________________________ Additional gardener names (in your household): ________________________________________________________ Please Read Carefully and Sign Below
It is understood that I (the applicant) and all whose names appear as additional gardeners cannot participate in gardening activities until this Waiver, and the Redondo Beach Community Gardens Rules forms, have been completed and signed.
WAIVER, RELEASE, AND INDEMNITY AGREEMENT
For and in consideration of permitting the undersigned individual(s) to participate in the Redondo Beach Community Garden the undersigned hereby voluntarily forever releases, discharges, holds harmless, waives, and relinquishes any and all actions or causes of action for personal injury, property damage or wrongful death occurring to the undersigned which may arise out of the undersigned’s participation as a gardener and activities incidental thereto, for him/herself and his/her heirs, executors, administrators, and assigns. The undersigned further agrees that he/she shall not prosecute or presents any claim for personal injury, property damage, or wrongful death against the Redondo Beach Community Garden, the South Bay Parkland Conservancy, the City of Redondo Beach, or any of their elected officials, volunteers, agents, or employees (herein referred to as Releasees), for any of such causes of action.
The undersigned acknowledges, understands, and assumes the risks inherent in recreation activities, that such activities entail risks of physical injury to his/her person and property, and that the undersigned is participating in the garden with full knowledge of these risks. The undersigned further acknowledges and understands that this waiver includes, but is not limited to, any action arising from (1) the Releasees performance of, or failure to perform maintenance, inspection, supervision, control or security of the property on which the gardening will occur; (2) for the Releasees failure to warn of dangerous conditions existing on or near the property on which the gardening will occur; (3) for any acts or omissions by spectators; (4) for any hidden latent or obvious defects or dangerous conditions existing on or near the property on which the gardening will occur.
IT IS THE INTENTION OF THE UNDERSIGNED BY EXECUTING THIS INSTRUMENT TO EXEMPT AND RELIEVE RELEASEES
FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND WRONGFUL DEATH CAUSED BY THE PASSIVE
NEGLIGENCE OF THE RELEASEES
The undersigned for him/herself, and his/her heirs, executors, administrators or assigns, agrees that in the event any claim for the undersigned’s personal injury, property damage or wrongful death shall be prosecuted against Releasees he/she shall indemnify and save harmless Releasees from any and all claims or causes of action by whomever or wherever made or presented for the undersigned’s personal injury, property damage or wrongful death.
The undersigned acknowledges that he/she has fully read this Waiver, Release and Indemnity Agreement and has been fully and completely advised concerning the effects of this Waiver, Release, and Indemnity Agreement and is fully aware of the legal consequences of signing this document.
I, the undersigned, agree that while at the Redondo Beach Community Garden, if I engage in any activities, or use the facilities in any manner, I do so at my own risk. This includes, without limitation, use of garden tools, equipment, planting area or walkways, and my participation in any activity, class, program or other instruction now or in the future made available. I agree that I am voluntarily participating in these activities at the garden and voluntarily using the equipment and facilities and assuming all risk of injury, or my contraction of any illness or occurrence of any medical condition that might result there from, or any damage, loss or theft of any personal property, including without limitation, injuries which may occur as a result of use of any facility or its improper maintenance, use of any equipment which may malfunction or break, any negligent instruction or supervision, slipping and falling while at the premises or during an activity, any dangerous conditions as existing on or near said locations, and any injuries caused by bees, vermin or other wildlife.
I have read and received a copy of, and hereby agree to abide by, all the Redondo Beach Community Garden Bylaws, and Gardening and Standing Rules and Procedures. I further acknowledge my participation in the Redondo Beach Community Garden will be jeopardized should I fail to adhere to the rules. Furthermore, I give my permission to have the above-named participant(s) and/or additionally named gardeners treated in the event of accident or illness.
All participants agree that photographs, digital images or video taken at the Community Gardens may be used for promotional or marketing materials.
Primary Member Signature: Date:
For Office Use Only – Checklist
Received:
RBCG Application: _____ RBCG Garden Rules: ______ RBCG Waiver Form: ______ Address Verification: _____ Intake Done By: ___________________________________________ Date: _________________ Additional Notes:
Jan 24, 2022
12 EXHIBIT “D”
INSURANCE REQUIREMENTS
Without limiting SBPC’s indemnification obligations under this LICENSE, SBPC shall 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 hereunder by the SBPC, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
SBPC shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. 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 officers, officials, employees and volunteers or (2) the SBPC shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
13 General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the SBPC. General liability coverage can be provided in the form of an endorsement to the SBPC’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the SBPC.
For any claims related to this project, the SBPC’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the SBPC’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the SBPC’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
SBPC shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
14 Subcontractors
SBPC shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
SBPC acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
Release of Liability
See attached.