1. Issue a Request for Proposals for Revenue Measure Consulting Services to obtain proposals from other consultants.
2. Do not proceed with pursuing a potential revenue measure and dissolve the Revenue Ad Hoc Committee.
3. Provide direction to the Revenue Ad Hoc Committee to explore other opportunities to generate revenues.
4. Direct staff to reduce the scope of services.
Recommendation:
Adopt a Resolution awarding a Professional Services Agreement to Smart Marketing & Public Affairs of Yuba City, CA, for Revenue Measure Consulting Services in an amount not to exceed $135,000 for base consulting fees plus $40,000 for other hard project costs for a total not to exceed $175,000, subject to immaterial modifications by the City Manager upon approval of the City Attorney as to legal form, with the finding that it is in the best interest of the City, and approve a supplemental appropriation of $75,000 from one-time federal American Rescue Plan Act funds to Account No. 1305- 62701 (City Manager Budget - Professional Services).
Attachments:
1. Resolution - Smart Marketing & Public Affairs
2. Exhibit A - Smart Marketing & Public Affairs Proposal Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO SMART MARKETING &
PUBLIC AFFAIRS OF YUBA CITY, CA, FOR REVENUE MEASURE CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $135,000 FOR BASE CONSULTING FEES PLUS $40,000 FOR OTHER HARD PROJECT COSTS FOR A TOTAL NOT TO EXCEED $175,000, SUBJECT TO IMMATERIAL MODIFICATIONS BY THE CITY MANAGER UPON
APPROVAL BY THE CITY ATTORNEY, WITH THE FINDING THAT IT IS IN THE BEST
INTEREST OF THE CITY, AND APPROVE A SUPPLEMENTAL APPROPRIATION OF $75,000 FROM ONE-TIME FEDERAL AMERICAN RESCUE PLAN ACT FUNDS TO ACCOUNT NO. 1305-62701
WHEREAS, on December 20, 2022, the City Council designated Vice Mayor Harris and Councilmember Boomgaarden to participate on a Revenue Ad Hoc Committee; and WHEREAS, during the month of January 2023, there were two Revenue Ad Hoc meetings in which staff met with Vice Mayor Harris and Councilmember Boomgaarden to review a variety of items including the City’s Five-Year Fiscal Outlook, public safety priorities, the City’s road conditions, and creating a Citizen Ad Hoc Committee to provide input to the Revenue Ad Hoc; and
WHEREAS, upon review of the materials, the City’s revenues are not projected to be sufficient to maintain fiscal sustainability, address public safety priorities, and improve the poor road conditions throughout the City; and
WHEREAS, the Revenue Ad Hoc would like to hire Smart Marketing & Public Affairs (Smart Marketing) of Yuba City, CA, to assist the City with the process to consider placing a Revenue Measure on the November 2024 ballot; and
WHEREAS, staff obtained a proposal from Smart Marketing that is broken into four (4) phases: 1) Assessment, Strategy and Message Development, 2) Communicating the Need, 3) Building Understanding, and 4) Qualifying the Ballot Measure; and WHEREAS, the City desires to award a contract for Revenue Measure Consulting Services to Smart Marketing & Public Affairs of Yuba City, CA in the amount of up to $175,000, which includes a base consulting fee of $7,500 per month for eighteen (18) months plus $40,000 for hard costs.
NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:
1. The Recitals are incorporated herein as if set forth in full.
2. The City Council finds that Smart Marketing & Public Affairs, LLC of Yuba City, CA is the most beneficial and qualified consultant for award based on its demonstrated competence, professional qualifications, availability, fair and reasonable costs, etc.
Among others, this finding is based on the completeness of proposal, understanding of project and City needs, methodology, scope of services and deliverables, project schedule, experience and qualifications, cost, and references. An award of Revenue Measure Consulting Services to Smart Marketing & Public Affairs of Yuba City, CA is in the best interests of the City.
3. The City Council awards the Revenue Measure Consulting Services to Smart Marketing & Public Affairs of Yuba City, CA in the amount of up to $175,000, which includes a base consulting fee of $7,500 per month for eighteen (18) months plus $40,000 for hard costs, and authorizes the City Manager to enter into an agreement for the same, subject to approval as to legal form by the City Attorney.
4. The City Council authorizes the Finance Director to make a supplemental appropriation of $75,000 from one-time federal American Rescue Plan Act funds to Account No. 1305-62701.
5. This Resolution shall take effect immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 7th day of March, 2023.
AYES:
NOES:
ABSENT:
Wade Kirchner, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit:
A. Smart Marketing & Public Affairs Professional Services Agreement
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of March 7, 2023, by and between the City of Yuba City, a municipal corporation (“City”) and Smart Marketing & Public Affairs (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge, including that of requirements of the Political Reform Act and the regulations of the Fair Political Practice Commission, to provide the services described in this Agreement on the terms and conditions described herein; and C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner.
See Attached Proposal from Smart Marketing & Public Affairs for Revenue Measure Consulting Services
(Attachment A)
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue through August 2024, or until 1) the City opts not to pursue a November 2024 revenue measure; or 2) until either party suspends the performance of these services, or terminates this Agreement by giving fifteen (15) days prior written notice.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $135,000 for the base consulting fee and $40,000 for other hard project costs. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
2 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses.
City shall pay Consultant not later than 30 days after approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.
* Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided
3 that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
* Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
4 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)
10. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.
5 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City Diana Langley
City Manager
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
If to Consultant: Smart Marketing & Public Affairs
855 Harter Parkway, Suite 310
Yuba City, CA 95991
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
6 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
23. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
7 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
27. Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF YUBA CITY: SMART MARKETING
& PUBLIC AFFAIRS:
By: ________________________ By: _________________________ Diana Langley Crystal Martin
City Manager Owner
Attachments: Exhibit A – Scope of Services
Exhibit B - Insurance Requirements
Exhibit C - Workers’ Compensation Exemption
8 Exhibit A
Scope of Services
See attached proposal package dated February 14, 2023.
1 PROJECT PROPOSAL
CLIENT: City of Yuba City
DATE: February 14, 2023
PROJECT NAME: Revenue Measure Consulting
SCOPE OF PROJECT / SCOPE OF WORK
Smart Marketing (Consultant) will work with the City of Yuba City (City) on public education and outreach for a potential November 2024 revenue measure.
Phase 1: Assessment, Strategy and Message Development
Consultant will collaborate with the City Manager, City staff, City attorney and other City experts to develop a communication and outreach plan. Consultant will work with City to identify specific target audiences, specific targeted messages to be communicated to each audience and the mix of media that will most efficiently reach the audience.
Phase 2: Communicating the Need
Successful public finance ballot measures are presented as a carefully crafted solution to a clearly articulated problem. Before you can present the solution, you must define the problem to your audience of decision-makers. Consultant would collaborate with City to implement a focused communication effort aiming to raise awareness of the infrastructure needs that could be addressed by a ballot measure. This effort must include both outbound themes and also a component of collecting feedback and listening. Stakeholders and voters alike are much more likely to support a proposal that they help create. Consultant will recommend interactive communication vehicles such as two-way direct mail with a response mechanism, websites built around an online survey, interactive social networking tools and interactive community meetings as a means to facilitate dialogue.
Phase 3: Building Understanding
With the first phase of the communication and outreach plan complete, Consultant will collaborate with City to measure the impact of our communication and outreach efforts to date and refine the proposed ballot measure and its key features. Consultant will identify the specific targets where ongoing outreach and education efforts are most needed and will produce the biggest results.
The goal for this phase of the effort will be to build awareness about the specific measure proposed for the ballot and to build broad understanding around that proposal.
Part of this process will require demonstrating how the community feedback collected during the first phase of outreach was used to create the ballot proposal. Just like the first communication phase, this effort will have an interactive element to ensure that the stakeholders from throughout the community are invested in the process.
2 Phase 4: Qualifying the Ballot Measure
As the communication and outreach effort is nearing completion and contingent upon findings related to the viability of a measure, Consultant will work with City to qualify a measure for the ballot if the City Council elects to pursue such a measure.
The process for qualifying for the ballot will include working with the City Attorney to draft the ballot measure language and all necessary resolutions and ordinances; and assist staff in presenting these final documents along with the related research, conclusions and recommendations to the City Council and other relevant committees, organizations or elected bodies as needed.
Working closely with the City Clerk and the Sutter County Registrar of Voters Office, Consultant will help ensure City meets all the necessary deadlines and steps to place a measure on the November 2024 ballot. Once City has qualified, Consultant will work with City to make a smooth transition to the advocacy campaign that must be organized and funded by an independent campaign committee.
While the parties expressly acknowledge and agree that legal advice and services are not within Consultant’s scope of services, Consultant will strive to implement the scope of work consistent with current state laws governing outreach authorized and funded by local governments.
PRELIMINARY PROJECT TIMELINE
Educational Outreach Phase Timeframe
Phase 1: Assessment, Strategy and
Message Development March-April 2023
Phase 2: Communicating the Need May-October 2023
Phase 3: Building Understanding November 2023 - April 2024 Phase 4: Qualifying the Ballot Measure May-August 2024
TERM
The term of the Agreement shall commence upon receipt of a fully executed agreement and shall continue until the project scope of work is complete, or until 1) the City opts not to pursue a November 2024 revenue measure; or 2) until either party suspends the performance of these services, or terminates this agreement by giving fifteen (15) days prior written notice.
3 COMPENSATION
Base Consulting Fee – Smart Marketing shall be paid a Base Consulting Fee of $7,500 per month (approximately 30 hours labor/month), payable within 30 days of receipt of invoice. The Base Consulting Fee shall be calculated on an actual hours worked basis for the initial and/or final month of service if less than a full calendar month, not to exceed the $7,500 monthly fee.
Other hard project costs such as printing, bulk postage and mail house processing fees; flyers and signs; and print, broadcast and digital media buys are not included and will be budgeted for separately by the City throughout the project.
Reimbursable expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.
9 Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City.
This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
10 A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
11 Exhibit C
Certificate of Exemption From
Workers’ Compensation Insurance
I hereby certify that in the performance of the work for which the Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Worker’s Compensation Laws of the State of California.
Executed on this __________day of ___________, 2023, at _____________, California.
By:_______________________________ Title:________________________
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
Adjournment