CITY OF SIMI VALLEY
MEMORANDUM
June 27,
2022
TO: Cit
y Council
FR
OM: Department of Environmental Services
SUBJ
ECT: AWARD OF CONTRACT FOR PROFESSIONAL BROADCAST AND
VIDEO PRODUCTION SERVICES
STAFF RECOMMENDATION
It
is recommended that the City Council:
1. Aw
ard the attached three- year contract (page 4 ) with Pegasus Studios for professional broadcast and video production services for the City’s public, education, and government channel, not to exceed $114,000, and authorize the Mayor to execute the contract;
2. Aut
horize the City Manager to execute up to two additional one-year extensions of the contract.
BACKGROUND AND OVERVIEW
Since 2012, the City has contracted for professional broadcast operations in support of Simi Valley Television ( SVTV). The current contract with Pegasus Studios is set to expire on June 30, 2022. On April 26, 2022, staff issued a Request for Proposals (RFP) for broadcast and video productions services. The RFP was sent directly to 38 potential vendors and posted on the City’s website. In response to the RFP, two companies attended the mandatory pre -proposal meeting on May 10, 2022, and one proposal was received, from Pegasus Studios, by the submittal deadline of May 23, 2022.
FINDINGS AND ALTERNATIVES
The proposed contract’s scope of work includes broadcast operations for the live City Council, Planning Commission, and Board of Education meetings. The City’s cost to broadcast the Board of Education meetings is reimbursed by the Simi Valley Unified School District. The contract also provides for special broadcasts; routine diagnostics and pre- meeting equipment maintenance; scheduling of pre- recorded programs; character generation and title preparation; troubleshooting sound and broadcast issues; as-needed technical advisory; and video production ser vices.
AGENDA ITEM NO.
Consent (8)
After evaluating the proposal received, staff determined that Pegasus Studios provided a quality and responsive proposal demonstrating its clear understanding of the scope of work and highlighting their public sector experience, not only with the City of Simi Valley, but with other Ventura County public agencies. A dditionally, staff has found Pegasus Studios to be responsive throughout the term of the current contract and has had no service level issues associated with the broadcast and video production responsibilities.
Additionally, despite being the only submission, Pegasus Studios was willing to negotiate its pricing for video production services to reduce the cost increase initially requested in its hourly rate, despite current high inflation.
A
s detailed in the scope of work, services will consist of regular and special broadcasts, scheduling of programming , as-needed technical advisory , and video production services. The proposed aggregate amount for the three-year contract is $114 ,000. A three-year contract, with the potential for up to two additional one-year extensions, will allow flexibility to accomplish the City’s various broadcast and video production service objectives and enhance communication with residents and businesses. Funding for the FY 2022-23 portion of the contract was included in the proposed FY 2022-23 Budget.
T
he following alternatives are available to the City Council:
1. Award the attached three- year contract ( page 4) with Pegasus Studios for professional broadcast and video production services for the City’s public, education, and government channel , not to exceed $114,000, and authorize the Mayor to execute the contract;
2. Authorize the City Manager to execute up to two additional one-year extensions of the contract;
3. P
rovide staff with alternate direction.
Staff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move to award a three-year contract to Pegasus Studios for professional broadcast and video production services, not to exceed $114,000, authorize the Mayor to execute the contract, and authorize the City Manager to execute up to two additional one- year extensions.
SUMMARY
In response to a RFP , Pegasus Studios submitted a responsive proposal to provide professional broadcast and video production services for the City for a three-year period.
The proposed aggregate amount for the three-y ear contract is not-to-exceed $114,000. 2 PegasusContractccmtg6-27-22(cp)
It is recommended that the City Council award the attached three- year contract with Pegasus Studios for professional broadcast and video production services and authorize the Mayor to execute the contract; and authorize the City Manager to execute up to two additional one-year extensions of the contract.
___
_______________________________
Stratis Perros
Environmental Services Director
P
repared by: Jennifer Del Toro, Management Analyst
INDEX Page
C
ontract ........................................................................................... 4 3 PegasusContractccmtg6-27-22(cp)
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF SIMI VALLEY AND
PEGASUS STUDIOS FOR PROFESSIONAL
BROADCAST AND VIDEO PRODUCTION SERVICES
THIS CONTRACT is made and entered into in the City of Simi Valley on this 27th day of June 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and PEGASUS STUDIOS, a sole proprietorship, hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, on April 26 , 2022, CITY r equested proposals pursuant to Request for Proposals No. ES 22- 01 to provide professional broadcast and video production services; and
WHEREAS, pursuant to such request, CONSULTANT submit ted a proposal, which was accepted by CITY for the services.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term
. The term of this CONTRACT shall be from July 1, 2022
through June 30, 2025. This CONTRACT may be extended for up to two additional one- year terms, upon mutual written consent of the City Manager and CONSULTANT. Unit prices shall remain unchanged.
It is understood that the CONSULTANT’S work under the Scope of Work issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all right s and obligations, shall survive until the work is completed, except the CITY’S right to issue, and the CONSULTANT’S right to accept, additional Work Orders and/or Purchase Orders.
3. Description of Services
. The services to be performed by
CONSULTANT are as follows:
CONSULTANT agrees to provide professional broadcast and video production services, more specifically set forth in the “Scope of Work.” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.
4 PegasusContractccmtg6-27-22(cp)
4. Compensation and Payment.
A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $114,000 (the “Not-To- Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the Not -To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.
B. After CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not -to- Exceed Amount unless otherwise agreed to by the parties in writing.
C. Payments to the CONSULTANT shall be made within 30 days after receipt of an original invoice from the CONSULTANT and acceptance of the services by CITY. In the event CITY fails to process and pay an invoice within such 30 day period, it will not be liable for any interest or finance charge arising out of such delinquency. .
D. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification will be in a form satisfactory to CITY. Invoices shall include the work performed including a list of hours worked by personnel.
5. CONSULTANT’s Representations and Obligations
.
A. CONSULTANT shall perform as required by this CONTRACT.
CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.
D. CONSULTANT acknowledges CITY may contract with other parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.
E. CONSULTANT shall keep a tally of the cost for the work ordered by CITY. The CONSULTANT shall not accept work from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the 5 PegasusContractccmtg6-27-22(cp)
parties in writing. CONSULTANT shall submit a separate, original invoice for each project application to: [email protected]
.
F. CONSULTANT shall not make any changes to a project team assigned to a project without prior written approval from the CITY.
6. Audit.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to CITY as a condition precedent to any payment to CONSULTANT.
7. Hold Harmless and Indemnification. CONSULTANT shall defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONSULTANT, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. The CONSULTANT shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Addit ional Insured in the automobile/ liability insurance policies and endorsements of the CONSULTANT. The CONSULTANT must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
8. Amendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONSULTANT.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental 6 PegasusContractccmtg6-27-22(cp)
disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Personal Services. This Agreement is for professional services, which are personal to CITY. Robert Schwieger is deemed to be specially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this wor k. This key person shall communicate with, and periodically report to, CITY on the progress of the work.
Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.
11. Termination. If, du ring the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must give to the CONSULTANT a ten (1 0) day period of time thereafter in which to perform the work or cure the deficiency. If CONSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In addition, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach, including liquidated damages, if so provided herein. The CITY shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of t he CONTRACT amount.
12. Delivery of Reports in Cases of Termination . If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, the CONSULTANT shall, within fourteen (14) cal endar days after receipt of such written request, deliver and turn over to the CITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination. The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.
13. Complete CONTRACT . Th is CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
14. Independent Contractor . It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended.
CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate 7 PegasusContractccmtg6-27-22(cp)
in any pension plan, insurance or other benefits CITY provides for its employees.
CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed.
Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.
15. Time of Performance. Time is of the essence in this CONTRACT.
16. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
17. Ownership of Reports and Data. The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be fur nished to the CITY by any of the other party(ies) with whom the CONSULTANT may have contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY.
18. Conflict of Interest. Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 11 herein.
In accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.
19. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
8 PegasusContractccmtg6-27-22(cp)
20. Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
21. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
22. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
23. Taxpayer Identification Number . CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
24. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
25. Waivers. The waiver by one party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the party or as a waiver of any other term or breach.
26. Statement of Experience. CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In additi on, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.
27. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept 9 PegasusContractccmtg6-27-22(cp)
such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
CITY Department of Environmental Services
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Jennifer Del Toro, Management Analyst
Director
(805) 583-6758
CONSULTANT Pegasus Studios
Robert Schwieger, Owner/Manager
14275 Peach Hill Rd.
Moorpark, CA 93021
(818) 216-3939
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal
Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Pegasus Studios
By:
David L. Caceres, City Attorney
Print Name: Robert Schwieger
Approved as to Content: Title: Owner/Manager
Brian Paul Gabler, City Manager
Carolyn Johnson
Acting Administrative Services Director
Stratis Perros
Environmental Services Director
10 PegasusContractccmtg6-27-22(cp)
EXHIBIT “A”
SCOPE OF WORK
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND PEGASUS STUDIOS FOR PROFESSIONAL BROADCAST AND VIDEO
PRODUCTION SERVICES
The scope of work entails providing professional -level broadcast, video production, and programming services in accordance with task orders issued in support of the City’s public education and government channel, Simi Valley Television (SVTV).
The work, in general, shall include, but not be limited to the following:
A. Task 1 - Broadcast Operations/Programming
• Manage all aspects of live broadcasting, typically five (5) regularly scheduled meetings per month and occasional special meetings from the City Council Chamber, 2929 Tapo Canyon Road (approximately 20 hrs/month) and special meetings scheduled with 72- hour notice. Regularly scheduled meeting start times begin between 5:00 p.m. and 7:00 p.m.
o Prior to the broadcast meeting. The vendor is to arrive a minimum of 30 minutes prior to scheduled start time to provide general setup, configuration and testing of the equipment and ensure live feed is operational. The vendor is to coordinate web streaming with host selected by City and coordinate all activities with City staff including YouTube and any virtual meeting technologies.
o Prior to and during the broadcast meeting. The vendor is to handle the following duties as needed: proper equipment operation, monitoring and correcting audio/visual issues with transmission, trouble shooting a variety of technical issues, utilizing Photoshop to create titles, ensuring integration of related systems (computer for presentations, PA system and microphones, document display equipment, DVD player, audio recording device), and resolving audio issues.
• Oversee and manage SVTV’s programming using TightRope Media Systems software (Cablecast).
o Immediately following the broadcast meeting. The vendor is to record and setup the replay of the meeting, consistent with the set programming schedule.
o Regular Monitoring and Schedule. The vendor is to update the programming schedule as needed to incorporate new content seamlessly within existing programming.
Hourly rate billed on a monthly basis.
B. Task 2 - Video Production
• Provide as -needed video production services, this includes developing, producing, editing, and packaging of content for online distribution. The content 11 PegasusContractccmtg6-27-22(cp)
may cover various City programs or events in the form of public service announcements, promotional videos, and community event highlights. Cost estimate to be provided in advance and approved prior to work beginning on any requested production.
Hourly rate to be billed upon completion of each production.
C. Task 3 - On-call Broadcast Operations
• Provide on-call live broadcast services for unanticipated broadcasts with less than 24 hours’ notice, which may include but is not limited to natural disasters and emergency City Council meetings. In the event the City has to cancel a live broadcast service, the City reserves the right to provide less than 24 hours’ notice.
Hourly rate billed on a monthly basis.
D. Task 4 –As-Needed Technical Advisory
• Provide assistance when issues with the broadcast system (hardware and software) are discovered during a broadcast, assigned personnel need to assess the problem, troubleshoot, and inform City staff of the steps taken and/or current status of the issue.
• Provide recommendations on any functionality or technology that may improve the workflow and efficiency of maintaining and operating the City’s broadcast facilities.
Hourly rate billed on a monthly basis.
12 PegasusContractccmtg6-27-22(cp)
EXHIBIT “B”
SCHEDULE OF FEES
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND PEGASUS STUDIOS FOR PROFESSIONAL BROADCAST AND VIDEO
PRODUCTION SERVICES
13 PegasusContractccmtg6-27-22(cp)
Pegasus Studios
(“Our” and “we” are in reference to Pegasus Studios)
Our cost proposal breaks the fees into the general categories of broadcast services, as- needed technical advisory, on-call services and production services. Additionally, we have provided an option for the city to choose an all-inclusive plan for video production services, at their discretion.
All costs will be billed at an hourly rate, with the exception of the optional video production plan, which will be a flat rate. Our proposed rates for the services are as follows:
A. Broadcast Services
This item provides the project management and on-site staffing necessary to set up, stage, film, edit, and broadcast the meetings, special events, and other programming as outlined in the RFP.
This will be performed by one broadcast technician for $70 per hour, with a minimum charge of 3 hours.
We request that on occasion we have a second broadcast technician assist with the meeting for training purposes. This will ensure that we always maintain an adequate roster of employees who are experts with the exact scope of work required by the City. We will notify City Staff prior to scheduling a second technician and request approval.
B. As-Needed Technical Advisory
This item provides for assistance when issues with the broadcast system (hardware and software) are discovered during a broadcast and assigned personnel need to assess the problem, troubleshoot, and inform City staff of the steps taken and/or current status of the issue.
This also includes times where we need to provide recommendations on any functionality or technology that may improve the workflow and efficiency of maintaining and operating the Cityʼs broadcast facilities.
As-needed technical advisory will be provided at $70 per hour.
C. On-Call Broadcast Services
Emergency services or on-call services will be billed at $90 per hour.
14 PegasusContractccmtg6-27-22(cp)
D. Production Services
We will provide all of the equipment necessary for production services beyond the scope of regular broadcast services.
Videography: $125 per hour
Photography: $125 per hour
Aerial drone video/photo: $300 per hour
Off-site live streaming: $500 per hour, with a 4 hour minimum charge. This includes two operators, multiple cameras, and a live switcher.
Editing and post production: $100 per hour
E. Video Production Services Option
This is an optional service for an all-inclusive video production plan. At the request of City staff we will schedule a production day to film at the City of Simi Valley. In the lead up to the production day we will work with city staff to identify topics of interest and create scripts and a production schedule. Weʼll meet with staff via Zoom to review final details before the production and then schedule the shoot.
Each shoot day will include an eight (8) hour block for set up, production and breakdown and will result in one to three videos per shoot. The City will have the option to create one longer video or several shorter videos such as public service announcements.
The cost for the video production is $5,500 per segment. This includes all of the production equipment needed such as multiple 4k resolution cameras, lighting, support equipment, teleprompter, etc. Two rounds of editing revisions are included.
15 PegasusContractccmtg6-27-22(cp)
EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SIMI
VALLEY AND PEGASUS STUDIOS FOR PROFESSIONAL BROADCAST AND VIDEO
PRODUCTION SERVICES
CONSULTANT 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 CONSULTANT, its agents, representatives, or employees.
Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. CONSULTANT hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
16 PegasusContractccmtg6-27-22(cp)
If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provi sions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this project/contract, the CONSULTANT’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be c anceled, except with notice to the City.
Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the CONSULTANT, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Cit y. The City may require the CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The 17 PegasusContractccmtg6-27-22(cp)
policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non- renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective, or start of work date, the CONSULTANT must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
CONSULTANT shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to pro vide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONSULTANT shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13 and CG 20 40.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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