1 AGREEMENT FOR COMMISSION OF ARTWORK FOR DISPLAY IN A PUBLIC PLACE
THIS AGREEMENT FOR COMMISSION OF ARTWORK FOR DISPLAY IN A PUBLIC PLACE is made and entered into this 3rd day of September, 2024 (“Effective Date”), by and between the City of Redondo Beach, a chartered municipal corporation (the "City"), and Andrew C. Jenkins, an individual (the “Artist”).
WHEREAS, the City seeks to commission the creation of a mural (the “Mural”) at the City’s Pad 10 Skate Park, which is located at 500 Fisherman’s Wharf, Redondo Beach, California, 90277;
WHEREAS, the City Council of the City of Redondo Beach ("City Council”) has recognized the value of public art in enhancing the City’s environment, engendering community pride, and improving residents' quality of life; WHEREAS, the City invited three artists to submit a proposal for the Project, as defined in Section 1.2, which includes all components related to the design, fabrication, and installation of the Mural at the Site, in conformance with the specifications depicted in Exhibit A attached hereto;
WHEREAS, on October 25, 2023, the Public Art Commission reviewed three submissions and endorsed the Artist’s Mural, referred to as "Skate Waves", recommending it to the City Council for approval with a budget not to exceed $47,985.50; WHEREAS, on November 21, 2023, the City Council approved the Mural concept and directed staff to prepare a contract with the Artist; WHEREAS, the City has allocated $47,985.50 in funds from the John Parsons Public Art Fund for the Project, establishing a total project budget of $47,985.50; WHEREAS, the City has determined that the Artist has the necessary qualifications, and both parties desire to execute this Agreement to complete the Project; WHEREAS, the City intends for the Mural to enrich the visual landscape of the area, engage the community, and enhance the cultural experience within the public space it occupies; and
WHEREAS, the City and the Artist desire to enter into this Agreement to allow the Artist to complete the Project.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Site: The term "Site" refers to the City’s Pad 10 Skate Park located at 500 Fisherman’s Wharf, Redondo Beach, California, 90277, where the Mural titled “Skate Waves” will be installed.
2 1.2 Project: The term "Project" shall encompass the comprehensive scope of activities commissioned by the City, including the design, fabrication, and installation of the Mural titled “Skate Waves”, located at the Site specified in 1.1. This definition encompasses all activities, documentations, and any additional efforts to complete the Mural, as outlined in Exhibit A.
1.3 Project Manager: The "Project Manager" is the City-designated individual who will oversee the administration of this Agreement and serve as the primary liaison between the City and the Artist.
ARTICLE 2. ARTIST’S DUTIES
2.1 The Artist shall complete the Project, ensuring that the Mural and all related services are performed in a professional manner and in strict compliance with all terms and conditions of this Agreement.
2.2 The Artist shall prepare the Site's surface for the Mural as part of the Project's initial phase, applying a primer before starting the Mural, and upon completion, apply an anti-graffiti sealant to protect the Mural.
2.3 The Artist acknowledges that his/her unique skill and creativity are central to the Agreement and agrees not to subcontract the artistic or creative aspects of the Project without the City's express written consent. The Artist shall not use third-party contractors to complete the work without the prior written approval of the City designated Project Manager. Any approved subcontracting or delegation shall not relieve the Artist of any obligations or liabilities under this Agreement.
2.4 The Artist shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in the Project that are inconsistent with the agreedupon artistic vision or specifications.
2.5 The Artist shall provide monthly progress reports and/or deliverables to the Project Manager in a manner acceptable to the City.
2.6 The Artist must manage and complete the Project within the allocated budget of $47,985.50, inclusive of all materials, labor, and associated costs.
2.7 Upon the Project's completion, the Artist shall ensure the Site is left clean and clear of equipment, surplus materials, and debris to the City’s satisfaction.
2.8 The Artist shall submit in writing any significant changes to the Project's scope, design, color, size, material, utility, support requirements, texture, or location for the City and Commission's review and approval.
2.9 The Artist shall perform services as outlined in Exhibit A, retaining artistic control within the constraints outlined therein.
3 2.10 Should the City request, in writing, revisions to the work, additional tasks beyond the scope in Exhibit A, or other modifications, the Artist may agree to undertake these changes. Any agreed-upon modifications will result in an amendment to this Agreement.
2.11 In the event that the Artist does not agree to requested modifications by the City, and a mutual resolution cannot be achieved, the City reserves the right, at its sole discretion, to terminate this Agreement and seek another artist to complete or modify the work.
ARTICLE 3. CITY’S DUTIES
3.1 The City shall remit payment to the Artist as outlined in Article 4, following satisfactory receipt and approval of the Artist's completion of each phase of the Project, as detailed in the payment schedule.
3.2 The City reserves the right to review and approve the Artist's progress on a percentage of completion basis. Payment may be adjusted or withheld for any work that does not meet the quality or timeframe agreed upon.
3.3 The City will provide necessary support to facilitate the Artist's work as described in this Agreement, which includes, but is not limited to, timely reviews and approvals as required under Section 2.8 for any proposed significant changes to the Project.
ARTICLE 4. PAYMENT SCHEDULE
4.1 The City agrees to pay the Artist a total sum of $47,985.50 for the successful completion of the Project. This sum covers all materials, labor, and incidental expenses required for the design, fabrication, and installation of the Mural, as well as any other tasks identified as part of the Project scope. The total cost to the City shall not exceed this agreed amount. Payments to the Artist will be disbursed in accordance with the schedule outlined in Section 4.2.
4.2 The City will pay the Artist as follows.
4.2.1 An initial payment of 25% of the total Project cost will be paid to the Artist within 30 days following the City's receipt and approval of the completed Project design, facilitating the transition to the Mural creation phase and providing funds for supplies necessary to begin the Project .
4.2.2 A further payment of 60% of the total Project cost will be issued to the Artist within 30 days of the City's approval of the completed Project.
4.2.3 A final payment of 15% of the total Project cost will be made to the Artist within 30 days upon submission of all documentation required by the City and Artist’s participation in the dedication ceremony of the Mural, if 4 requested by the City.
4.2.4 Notwithstanding the above, should the Artist fail to complete the Project, the City reserves the right to invoke the remedies outlined in Section 5.2 of this Agreement, which includes, but is not limited to refund of payments received by the Artist.
4.3 The services to be required of the Artist under this Agreement shall be completed in accordance with the schedule for completion outlined in Article 6, provided that such time limits may be extended or otherwise modified by written agreement between the Artist and the City.
4.4 The Artist is responsible for all transportation and storage costs for any equipment, supplies, and materials related to this Project.
4.5 Should the Artist delay the completion of the Project beyond the agreed-upon timeline due to controllable factors, the City will enforce liquidated damages of $100 per day for such delay. The City shall have the right to deduct such damages from any payments due to the Artist under this Agreement. If no further payments are due, the Artist shall be invoiced for the total amount of the liquidated damages, which shall be payable to the City within thirty (30) days of receipt of such invoice.
In the event of a breach due to such delays, and if the City is unwilling to grant an extension, the City will have no additional financial obligations to the Artist, and may terminate this Agreement in accordance with Article 5.
4.6 If the Artist incurs costs in excess of $47,985.50, the Artist shall pay such excess from the Artist’s own funds unless the Artist previously obtained written approval for such costs from the City.
ARTICLE 5. TERM AND TERMINATION
5.1 Term
5.1.1 This Agreement commences on the Effective Date and will expire on March 31, 2025 unless otherwise terminated herein. Extensions of the Agreement duration may be agreed upon by both parties, subject to a written amendment to this Agreement.
5.1.2 Should the Artist encounter force majeure or other unforeseen circumstances that prevent timely performance, the City may grant a reasonable extension for completion. In such case, obligations under this contract will be temporarily suspended during such events, with both parties committed to promptly resuming his/her responsibilities once the events have concluded. These circumstances will not be considered a breach of the contract. For the purposes of this Agreement, force majeure shall mean any unforeseeable circumstance which is beyond the control of a Party, or any unavoidable event, even if foreseeable, as a result of which such Party is unable to perform its obligations, in whole or in part, under this Agreement. This includes, but 5 is not limited to, acts of God, natural disasters (such as floods, hurricanes, and earthquakes), wars, civil unrest, terrorist acts, strikes, laws or governmental orders, epidemics.
5.2 Termination. Should the Artist fail to perform pursuant to the terms of this Agreement, the City, in its sole discretion, shall have the right to terminate this Agreement by giving written notice of termination.
5.2.1 Notice of Termination. Upon receipt of notice of termination under this Article, the Artist shall, as directed by the City within the notice:
a. Refund the City the full amount of payment received under this Agreement within thirty (30) days of the City’s written request for such refund; and/or
b.
c. Immediately transfer and deliver the Mural in progress so the City can complete the Project, or cause the Project to be completed by another person or entity.
5.3 Set-Off. If any monies were due to the Artist at the time of termination of this Agreement, the City may use those monies to set off any expenses it may incur in completing or removing the Project.
5.4 Other Remedies. Notwithstanding the foregoing sections, the Artist will not be relieved of liability to the City for the Artist’s breach of this Agreement, and those sections do not preclude the City from seeking damages or any other remedies available to the City.
ARTICLE 6. SCHEDULE OF PERFORMANCE
6.1 Artist shall complete the Project in accordance with the following schedule.
Phase Completion Date
Finalize Design September 17, 2024
Installation December 1, 2024
Documentation and Dedication March 31, 2025
6.2 Either party may propose modifications to the Project completion dates. Any such proposals shall be in writing and be agreed to by the Artist and Project Manager.
6.3 Notwithstanding any proposals under consideration, the Artist shall continue to perform his/her duties until any new dates are formally agreed upon and in writing. 6 ARTICLE 7. ARTIST’S REPRESENTATIONS AND WARRANTIES
7.1 Warranties of Title
7.1.1 The Artist represents and warrants that:
a. The Mural is solely the result of the artistic effort of the Artist; b. Except as otherwise previously disclosed in writing to the City, the Mural design is unique and original and does not infringe upon any copyright or the rights of any person;
c. The Mural design has not been offered for or accepted for sale elsewhere;
d. The Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Mural design or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement;
e. The Mural design is free and clear of any liens from any source whatsoever.
f. The Mural design created or performed by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others, shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party.
7.2 Guarantee of Material and Workmanship
7.2.1 The Artist guarantees that the Mural, including all materials and workmanship, will be free from faults for a period of one (1) year following the installation and the City's final acceptance of the work.
7.2.2 In the event that faults in materials or workmanship are discovered during this period, the Artist shall, at no additional cost to the City, repair or replace the faulty materials or rectify the deficient workmanship to the satisfaction of the City.
7.2.3 This guarantee applies exclusively to the work directly executed by the Artist or under the Artist's direct supervision and does not extend to any materials or workmanship pertaining to the underlying structure or related projects not under the Artist's purview.
7.2.4 The Artist shall deliver the Mural to the City free of any liens arising from the Artist's work.
7.3 Authority
7.3.1 The Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement. 7 7.3.2 These representations and warranties shall survive the termination or expiration of this Agreement.
7.3.3 All services performed hereunder shall be performed in accordance with all applicable laws, regulations, and standards and will be carried out with due care, skill, and diligence.
ARTICLE 8. WAIVER OF ARTIST'S RIGHTS
8.1 As a crucial part of the compensation received under this Agreement, the Artist irrevocably waives any and all rights that they may have concerning the Mural and any other works of art produced under the terms of this Agreement. This waiver extends to rights under the Visual Artists Rights Act of 1990 (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any comparable local, state, federal, or international laws that confer similar rights, including any moral rights that protect the integrity of works of art. The Artist acknowledges that the work performed under this Agreement constitutes a "Work Made for Hire" as defined in 17 U.S.C. § 101. This waiver specifically includes the Artist's rights of attribution and integrity as delineated in the Visual Artists Rights Act (17 U.S.C §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§ 987 and 989), and any analogous rights under U.S. federal or state law or under the laws of any other jurisdiction. Consequently, the City holds the unrestricted right to alter, modify, destruct, remove, relocate, move, replace, transport, repair, or restore the Mural, and such actions may be undertaken by the City or its agents without any obligation to consult with or obtain consent from the Artist.
ARTICLE 9. COPYRIGHT
9.1 The Artist is responsible for ensuring that all aspects of the work and services performed under this Agreement comply fully with applicable intellectual property laws of the United States, including but not limited to patents, trademarks, and copyrights. The Artist guarantees that the work will not infringe on any third-party intellectual property rights and shall secure all necessary permissions, licenses, and releases required for any such protected intellectual property employed in the execution of the Project at the Artist’s own cost. Any proprietary materials, processes, or methods used by the Artist will be transparently disclosed in the project documentation.
ARTICLE 10. INDEMNIFICATION
10.1Indemnity. To the maximum extent permitted by law and unless otherwise provided herein, Artist 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 8 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 Artist’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 Agreement, 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. Artist’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Artist or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Artist because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Artist, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
c. Risk of Loss. Notwithstanding the foregoing, the Artist shall not be responsible or held liable for any damage to the Mural, its surfaces or environment caused by the City’s personnel, its employees, visitors or others that are beyond the reasonable control of the Artist.
ARTICLE 11. INTELLECTUAL PROPERTY AND REPRODUCTION RIGHTS
11.1 Unique Reproduction Rights: The Artist shall not replicate the final Mural design or allow others to do so without the City's explicit consent. This does not restrict the Artist from creating new works in his/her own style.
11.2 Acknowledgment in Public Showings: The Artist shall credit the City when displaying reproductions, stating “Commissioned by the City of Redondo Beach.”
11.3 Copyright Registration: The Artist may register the Mural's copyright at his/her own cost.
11.4 Commercial Reproductions by the City: If the City wishes to reproduce the Mural for commercial use, a separate agreement will be negotiated to detail licensing and royalties.
11.5 Third-Party Infringement: The City is not liable for copyright infringements by third parties nor responsible for protecting the Artist’s intellectual property rights.
ARTICLE 12. SITE ALTERATIONS AND MURAL REMOVAL
12.1 The City may, at its discretion, remove, relocate, or destroy the Mural. 9 ARTICLE 13. INSURANCE
13.1 Artist shall comply with the insurance requirements set forth in Exhibit B. Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
ARTICLE 14. CIVIL RIGHTS AND EQUAL OPPORTUNITY
14.1 Every supplier of materials and services and all artists doing business with the City shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990, and shall be an equal opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair Employment and Housing Act of 1980. As such, Artist shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, age, sexual orientation, sex, or any other legally protected characteristic with respect to hiring, application for employment, tenure or terms and conditions of employment. Artist agrees to abide by all of the foregoing statutes, regulations, ordinances and resolutions.
ARTICLE 15. MISCELLANEOUS
15.1 Records/Inspection: The Artist must allow the City or its authorized agents to review any relevant financial and Project records regarding this Agreement when asked. These reviews can happen during normal business hours and will be as often as the City needs. The Artist also agrees to keep these records in electronic form for four years after the end of this Agreement, or longer if there are ongoing legal or audit issues.
15.2 Independent Contractor: Artist acknowledges, represents and warrants that Artist is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Artist shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Artist's sole responsibility.
15.3 Conflict of Interest: Artist acknowledges, represents and warrants that Artist 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 Agreement. Artist further acknowledges, represents and warrants that Artist has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Artist acknowledges that in the event that Artist shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
10 15.4 Compliance with Laws: Artist 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 Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws.
15.5 Notices: Written notices to City and Artist shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Artist: Andy Jenkins
1367 W 10th Street
San Pedro, CA 90732
City: City of Redondo Beach
Community Services Department
Cultural Arts Division, c/o Redondo Beach Performing Arts Center 1935 Manhattan Beach Blvd.
Redondo Beach, CA 90278
Attention: Gary Margolis
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.
15.6 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 Agreement.
15.7 Limitations upon Subcontracting and Assignment: The Artist shall not assign or subcontract any part of this Agreement without the prior written approval of the City.
15.8 Exhibits: All exhibits hereto are made a part hereof and incorporated herein by reference.
15.9 Integration: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Artist and City may be used to assist in the interpretation of the exhibits to this Agreement.
15.10 Conflicting Provisions: In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement 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 Artist.
11 15.11 Amendment: This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
15.12 Non-Exclusivity: Notwithstanding any provision herein to the contrary, the services provided by Artist hereunder shall be non-exclusive, and City reserves the right to employ other artists in connection with the Project.
15.13 Time of Essence: Time is of the essence of this Agreement.
15.14 Confidentiality: To the extent permissible under law, Artist shall keep confidential its obligations hereunder and the information acquired during the performance of the Project or services hereunder.
15.15 Governing Law and Venue: This Agreement shall be construed in accordance with the laws of the State of California, and any litigation shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
15.16 Attorneys’ Fees: If either party brings any action to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
15.17 Claims: Any claim by Artist 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.
15.18 Interpretation: Both parties acknowledge they had the opportunity to seek legal advice during the negotiation of this Agreement.
15.19 Severance: In the event a court of competent jurisdiction determines that any provision of this Agreement is unenforceable, such ruling shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be severed, and all remaining provisions shall remain enforceable.
15.20 Authority: City and the Artist warrant and represent that they are duly authorized to enter into and execute this Agreement.
15.21 Waiver: The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
15.22 Survivability: Articles 7, 8 ,9, 10, 11, and 12 and sections 15.1 and 15.3 shall survive expiration or termination of this Agreement.
[SIGNATURE PAGE FOLLOWS]
12 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 3rd day of September, 2024.
CITY OF REDONDO BEACH, ARTIST,
a chartered municipal corporation an individual
_____________________________ By:____________________________ James A. Light, Mayor Name: Andrew C. Jenkins
Title:
ATTEST: APPROVED:
_____________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
_____________________________
Michael W. Webb, City Attorney
Artist
13 EXHIBIT A
PROPOSAL
The proposal is attached.
14 EXHIBIT B
INSURANCE REQUIREMENTS
Without limiting Artist’s indemnification obligations under this Agreement, Artist 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 Artist, 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
Artist 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 selfinsured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Artist 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:
15 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 Artist. General liability coverage can be provided in the form of an endorsement to the Artist’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 Artist.
For any claims related to this project, the Artist’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 Artist’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 Artist’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
Artist 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.
16 Subcontractors
Artist 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
Artist 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.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
07/26/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER
NUTMEG INS AGENCY INC/PHS
76210775
The Hartford Business Service Center
3600 Wiseman Blvd
San Antonio, TX 78251 CONTACT NAME: PHONE
(A/C, No, Ext):
(888) 925-3137 FAX
(A/C, No): E-MAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURED
Andrew Jenkins
1367 W 10TH ST
SAN PEDRO CA 90732
INSURER A : Hartford Underwriters Insurance Company 30104 INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE ADDL
INSR
SUBR WVD
POLICY NUMBER POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/Y YYY)
LIMITS
A
COMMERCIAL GENERAL LIABILITY
X 76 SBU BH0W7N 08/01/2024 08/01/2025
EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000
X General Liability MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
X POLICY PRO- JECT
LOC PRODUCTS - COMP/OP AGG $2,000,000
OTHER:
A AUTOMOBILE LIABILITY76 SBU BH0W7N 08/01/2024 08/01/2025
COMBINED SINGLE LIMIT
(Ea accident) $1,000,000
ANY AUTO BODILY INJURY (Per person)
ALL OWNED
AUTOS
SCHEDULED
AUTOS BODILY INJURY (Per accident)
X HIRED
AUTOS X NON-OWNEDAUTOS
PROPERTY DAMAGE
(Per accident) UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS- MADE
EACH OCCURRENCE
AGGREGATE DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A
PER
STATUTE OTH- ER
Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. The City of Redondo Beach, its officers, elected or appointed officials, employees The Business Liability Coverage Part includes a Blanket Additional Insured By Contract Endorsement, Form SL 30 32.
CERTIFICATE HOLDER CANCELLATION
The City of Redondo Beach
415 DIAMOND ST
REDONDO BEACH CA 90277-2836
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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