HomeMy WebLinkAboutAGENDA REPORT 2019 0717 REG CCSA ITEM 09BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of July 17, 2019
ACTION Approved Staff
Reco mmendation, as
Amended . BY B.Garza
B. Consider Request for Proposals for Development of a Commercial Broadband
Strategic Plan. Staff Recommendation: Approve and authorize staff to release
the Request for Proposals for a Commercial Broadband Strategic Plan, subject to
final language approval of the City Manager. (Staff: Brian Chong)
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Brian Chong, Assistant to the City Manager
DATE: 07/17/2019 Regular Meeting
SUBJECT: Consider Request for Proposals for Development of a Commercial
Broadband Strategic Plan
SUMMARY
The City Council’s Goals and Objectives include a study to promote the deployment of
broadband throughout the community. Staff has drafted a Request for Proposals (RFP)
to select a consultant to complete the study. The draft RFP, which has already been
reviewed by the Broadband Ad Hoc Committee, is provided as Attachment 1 for the City
Council’s review and feedback. Staff is seeking authorization to release the RFP at this
time.
BACKGROUND
The City Council’s list of Priority Objectives includes the following:
Conduct study of broadband in City to: a) identify infrastructure currently in place;
b) identify gaps in the current broadband infrastructure; and c) recommend
actions to improve infrastructure, determine funding needs, evaluate options to
provide funding and other actions needed to achieve desired level of broadband
services within the City with a report to the City Council by June 30, 2019.
On December 6, 2017, the City Council created the Broadband Ad Hoc Committee,
comprised of Councilmembers Mikos and Simons, to consider various policy decisions
that need to be made along the way in pursuing the development and deployment of
broadband infrastructure throughout Moorpark. The Committee could then advise the
City Council and assist staff in preparing the RFP for the study identified in the above-
referenced Priority Objective.
Item: 9.B.
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On June 24, 2019, the Broadband Ad Hoc Committee reviewed a draft RFP for a
Commercial Broadband Strategic Plan and is recommending that the City Council
review and approve the RFP, and then authorize staff to release it.
DISCUSSION
Broadband access is an increasingly important factor in advancing the economic
development of a community, by lowering business costs, improving productivity,
attracting businesses, retaining highly skilled residents, and improving economic vitality.
Ready access to broadband also promotes community goals related to quality of life,
social justice, and operational efficiency of City government. The City’s ability to
implement future Smart City applications will also be dependent on having a strong
broadband infrastructure in place. While the Smart City industry is currently in a state of
rapid innovation and flux, preparing now for their eventual widespread adoption will
facilitate their quick deployment in the future.
Current Broadband Availability in Moorpark
Fortunately, broadband availability within the City’s residential sector is very high. Both
AT&T and Spectrum offer broadband Internet across virtually all of the City’s residential
neighborhoods, with Spectrum offering Gigabit service, widely considered the current
gold standard of Internet speeds. While Gigabit service is expensive and not widely
adopted, its availability throughout Moorpark is comparatively better to many other
communities; Broadband Now, which collects data on broadband availability across the
country, estimates that only 13.2% of Californians have access to Gigabit speeds. The
remaining unserved residential areas are typically custom homes on large lots that were
never connected to cable television conduits due to the high cost of running them to
those homes.
The California Public Utilities Commission maintains a statewide database and map of
areas served, underserved, and unserved by broadband at www.broadbandmap.ca.gov.
It should be noted that the map currently shows two large pockets of unserved
residential areas: The Ranch Apartments at the southeast corner of Los Angeles
Avenue and Moorpark Avenue, and the Villa del Arroyo Mobile Home Park. However,
staff reached out to the management offices of both properties, and both management
offices reported back that broadband service was widely available at both sites, and
neither had received complaints from residents about broadband non-availability.
The City participated in broadband-related studies in 2016 and 2017 to try and
determine the availability of broadband Internet through the City’s commercial and
industrial areas. Those studies concluded that the City’s westerly business area
(generally bounded by Los Angeles Avenue, Gabbert Road, Poindexter Avenue, and
Moorpark Avenue) is well-served by broadband infrastructure. However, they also
found that the City’s center business area (Los Angeles Avenue, east of the Arroyo Simi
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bridge, and including Science Drive and Patriot Drive) and the easterly business area
(Princeton Avenue and Condor Drive) are poorly served.
Recommended Items for Inclusion/Exclusion in RFP
The Broadband Ad Hoc Committee reviewed and provided comments on the draft RFP
at its June 24, 2019 meeting. The attached draft RFP has already incorporated the
Committee’s comments.
The draft RFP is written strategically, outlining the City’s objectives for the Commercial
Broadband Strategic Plan. While the draft RFP does suggest a series of tasks that may
accomplish these objectives, it also allows the proposers flexibility to develop their own
plan to most effectively meet the stated objectives. The proposers’ suggested approach
to meet those objectives weigh heavily in the City’s rating process for the proposals
received. The eight proposed objectives in the draft RFP are:
1) Identify broadband infrastructure currently in place within Moorpark.
2) Identify gaps in the existing broadband infrastructure within Moorpark.
3) Identify assets within Moorpark that can facilitate the deployment of broadband
infrastructure within Moorpark.
4) Recommend policies and actions to improve broadband infrastructure, maximize
utilization of existing broadband infrastructure, determine future funding needs,
evaluate options to obtain funding, and identify any other actions available to
facilitate the deployment of broadband infrastructure within Moorpark.
5) Establish a target and metric for successful broadband deployment, which may
include Internet connection speeds, coverage areas, and/or other items
developed by the preparer of the Strategic Plan.
6) Recommend policies and actions to facilitate 5G deployment within Moorpark.
7) Identify operational areas where the City is best poised to benefit from
deployment of Smart City applications, including analysis of planning for
connectivity between City facilities and development of the Moorpark Civic
Center Plan.
8) Recommend actions to prepare the City for rapid deployment and adoption of
Smart City applications as they become commercially available.
The list of suggested tasks that staff believes will achieve the above objectives is
provided on page 5 of the draft RFP. However, proposers will be able to propose their
own tasks, based on their experience and expertise, in order to best achieve the City’s
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identified objectives. A large portion of the scoring rubric is dedicated to the scope of
work contained in each proposal.
The Broadband Ad Hoc Committee also considered several other potential components
of the Commercial Broadband Strategic Plan but recommended their exclusion. First,
the Committee opted to focus on broadband deployment in the City’s commercial areas,
rather than both the City’s commercial and residential areas. Because Spectrum
already offers 1 Gbps download speeds for residential customers in Moorpark, the
benefit of City intervention in that area would be to drive down the price through
competition; in contrast, City efforts on the commercial areas would bring fixed
broadband service where there is currently none available. Insofar as working to
simultaneously complete multiple tasks slows down completion of each task, the
Committee felt that the City’s focus should be on promoting broadband deployment in
the City’s unserved commercial areas.
The Committee also recommended against a business model and market analysis
wherein the City would construct its own fiber-optic network and then, either indirectly
(working with private Internet Service Providers) or directly, provide Internet service to
customers throughout the City. While some jurisdictions are undergoing this type of
analysis to determine how to monetize their existing fiber-optic assets, these agencies
typically already have fiber-optic infrastructure in place for some other purpose (such as
a water utility with existing fiber-optic communications systems connecting water tanks,
pump stations, and reservoirs) that can also be used to provide Internet services to
other end users. Unfortunately, the City does not currently have significant fiber-optic
infrastructure across the City, so the City would have to essentially construct an entire
fiber-optic network from scratch in order to pursue this approach. Such construction
would be cost-prohibitive for the City.
Once received, proposals will be reviewed based on the following criteria:
• Understanding and approach to scope of work
• Qualifications of the firm, based on experience on similar projects
• Staffing background and experience on similar projects
• Schedule’s thoroughness and reasonableness
• References
As currently drafted, the proposals will be evaluated by City staff against the above
criteria, with City staff and the Broadband Ad Hoc Committee able to interview top-
ranked firm(s) for selection. The consultant selected as the most qualified to prepare
the Commercial Broadband Strategic Plan will be invited to negotiate an agreement with
the City. If an agreement is not reached, negotiations will be terminated and
commenced with the next highest ranked proposer.
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Staff anticipates issuing the RFP, if approved, on July 19. The tentative schedule would
be:
Issuance of RFP: July 19, 2019
Deadline for RFP Submittal: August 16, 2019
City Review of Qualifications: August-September 2019
Consultant Interviews (if Necessary): September 2019
Award of Agreement: October 2, 2019
FISCAL IMPACT
No additional appropriation is required at this time. Once a consultant has been
selected and the associated costs have been evaluated, staff will return to the City
Council for selection of a consultant and the corresponding budget appropriation.
STAFF RECOMMENDATION
Approve and authorize staff to release the Request for Proposals for a Commercial
Broadband Strategic Plan, subject to final language approval of the City Manager.
Attachment: Draft Request for Proposals
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ATTACHMENT
CITY OF MOORPARK
REQUEST FOR PROPOSALS
FOR
DEVELOPMENT OF A
BROADBAND STRATEGIC PLAN
RFP Submittals Due By:
August 16, 2019
AT 4:30 P.M.
City Manager’s Office
799 Moorpark Avenue
Moorpark, California 93021
Attn: Brian Chong, Assistant to the City Manager
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City of Moorpark Page 2
RFP for Broadband Strategic Plan
INTRODUCTION
This Request for Proposals (“RFP”) is for development of a Broadband Strategic Plan
for the City of Moorpark (“City” or “Moorpark”). Moorpark recognizes the importance of
providing robust broadband infrastructure in both its economic development efforts and
deploying future “Smart City” initiatives. The Broadband Strategic Plan is intended to
identify specific actions and projects that the City may utilize to best promote the
deployment of broadband infrastructure within its commercial and industrial districts, as
well as lay the foundation for future Smart City applications to be deployed by the City.
PROJECT DESCRIPTION
Broadband access is an increasingly important factor in advancing the economic
development of a community, by lowering business costs, improving productivity,
attracting businesses, retaining highly skilled residents, and improving economic vitality.
Ready access to broadband also promotes community goals related to quality of life,
social justice, and operational efficiency of City government.
With a population of approximately 37,000 people, the City of Moorpark is located in
suburban Los Angeles, at the intersection of the 118 and 23 Freeways. The population
is characterized by high incomes (median household income of slightly over $100,000)
and high education levels (approximately 40% of adults have completed at least a
Bachelor’s Degree). Gigabit download speeds are already made available to residential
customers throughout all of Moorpark by Charter Communications (doing business as
Spectrum Internet). However, Charter/Spectrum’s network does not expand throughout
all of Moorpark’s commercial and industrial districts.
Insofar as high-speed broadband service is not currently available within all of the City’s
commercial and industrial districts, the City’s long-term goal is full deployment of
broadband Internet service throughout all of the City’s commercial and industrial
districts to promote the economic development and well-being of the Moorpark
community.
Additionally, the City recognizes that future Smart City applications will be dependent on
having a strong broadband infrastructure in place. The City recognizes that Smart City
applications are currently in a state of rapid innovation and flux, but the City has not
considered specific Smart City applications at this time. However, the City recognizes
the value of preparing for their eventual widespread adoption across the City and
intends to lay the foundation for their future adoption now.
This Request for Proposals is seeking professional services to develop a Broadband
Strategic Plan to guide the City’s efforts to accomplish the following two key goals:
• Speed up the deployment of broadband Internet service within Moorpark’s
commercial and industrial districts.
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RFP for Broadband Strategic Plan
• Position the City to be able to quickly deploy and take advantage of future Smart
City applications.
More specifically, the City expects the Strategic Plan to achieve the following objectives:
1. Identify broadband infrastructure currently in place within Moorpark.
2. Identify gaps in the existing broadband infrastructure within Moorpark.
3. Identify assets within Moorpark that can facilitate the deployment of broadband
infrastructure within Moorpark.
4. Recommend policies and actions to improve broadband infrastructure, maximize
utilization of existing broadband infrastructure, determine future funding needs,
evaluate options to obtain funding, and identify any other actions available to
facilitate the deployment of broadband infrastructure within Moorpark.
5. Establish a target and metric for successful broadband deployment, which may
include Internet connection speeds, coverage areas, and/or other items
developed by the preparer of the Strategic Plan.
6. Recommend actions and policies to facilitate 5G deployment within Moorpark.
7. Identify operational areas where the City is best poised to benefit from
deployment of Smart City applications, including analysis of planning for
connectivity between City facilities and development of the Moorpark Civic
Center Plan.
8. Recommend actions to prepare the City for rapid deployment and adoption of
Smart City applications as they become commercially available.
The City Council created a Broadband Ad Hoc Committee to work with City staff to
scope out this Request for Proposals. During its deliberations, the Committee directed
City staff that the RFP should focus on broadband deployment to the City’s commercial
and industrial districts, and not focus on deployment to residential areas because of the
existing availability of Gigabit service to the City’s residential areas by
Charter/Spectrum. The Committee also identified the value of having a Study preparer
provide input to the City as it plans its future Civic Center design and how to best
prepare for future Smart City applications.
The Committee also decided that a business model analysis was not warranted
because of the City’s lack of existing fiber-optic infrastructure and the high cost of
constructing such infrastructure.
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RFP for Broadband Strategic Plan
Past Broadband Studies
The City has taken part in some broadband-related studies over the past several years.
In 2016, in coordination with the Broadband Consortium | Pacific Coast, Tellus Venture
Associates evaluated the broadband infrastructure within Moorpark (and other
communities within the Consortium’s jurisdiction), using a 0-5 star scoring system. The
analysis generally found good connectivity in the City’s westerly business park (east
side of Gabbert Road, between Los Angeles Avenue and Poindexter Avenue) and
relatively poor connectivity in the rest of the City’s business parks. The study map is
shown below.
In 2017, Ridge Communications completed a field survey of Moorpark to identify
existing and potential fiber-optic paths in the City. The map shows existing paths in
dark blue and green, with potential paths shown in purple and light blue.
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RFP for Broadband Strategic Plan
However, the survey only shows infrastructure owned by Sunesys (which has since
been acquired by Crown Castle Fiber) and Time Warner (which has since been
acquired by Charter/Spectrum). Other entities, beyond these two, also own fiber-optic
infrastructure in Moorpark. A more thorough, subsequent study is expected to yield a
more complete gap analysis to determine the City’s current underserved and unserved
areas.
SCOPE OF WORK
The Scope of Work at a minimum should include the following tasks, which are intended
to meet the objectives described above:
1) Kick-Off Meeting: Complete a kick-off meeting with City staff to discuss
project objectives, goals, and tasks; share information already held by the
City, such as existing infrastructure and existing facilities with strong
broadband service; and share existing City policies related to broadband.
2) Inventory of Existing Providers and Fiber-Optic Paths: Identify current
broadband service providers operating in the City and the locations of existing
fiber-optic infrastructure in the City.
3) Gap Analysis: Identify areas in the City that are well-served, underserved,
and unserved. By showing where the gaps are in existing broadband
infrastructure on a macro level, such an analysis will enable the City to focus
its resources in areas where broadband deployment is most needed.
4) Asset Inventory: Identify the City’s current assets that may be utilized to
promote broadband deployment, such as streetlights and existing conduit.
This inventory can then be used to identify some of the tools available to the
City in accomplishing its broadband objectives. Conversely, identifying the
absence of some sort of asset or asset class may lead to recommendations
to acquire that asset or asset class.
5) Plan for Engagement of Broadband Providers: Develop a strategy to engage
owners/operators of existing fiber-optic and broadband infrastructure in the
City to encourage them to deploy service within the City.
6) Identification of Obstacles: Identify obstacles to broadband deployment in the
City. This may include physical, legal, regulatory, financial, and other
obstacles. Identifying obstacles to broadband infrastructure will help advise
the City Council as it decides how to best promote broadband deployment
within the City.
For example, two of the major streets within the City are state highways under
Caltrans jurisdiction, which means the City has limited control over permitting
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RFP for Broadband Strategic Plan
and design of broadband infrastructure within those streets. Further, the City
does not own utilities, such as a water or sanitation district, so the City has
fewer options to directly finance broadband infrastructure than other cities
may have.
7) Identification of Anchors: Identify potential anchor customers in the City that
may individually justify private-sector investment in broadband infrastructure.
Anchor customers are critical in attracting private sector investment because
a potential Internet Service Provider can sign a multi-year deal with just one
customer to ensure it recoups its investment in constructing broadband
infrastructure. In the absence of a single anchor customer, potential Internet
Service Providers would have to find multiple customers to justify investment,
which requires substantially more initial outreach efforts and carries elevated
risk of failing to achieve critical mass to justify new investment.
8) Assess the City’s 5G Readiness: The City recognizes the importance of 5G
wireless cellular networks in advancing the community’s economic vitality.
While the City has begun efforts to address this, the Strategic Plan should
identify additional actions the City can take to promote 5G deployment.
9) Recommend Policies and Actions to Promote Broadband and 5G
Deployment: Develop proactive actions for the City to take to promote
broadband deployment within the City’s commercial and industrial districts.
These actions may include regulatory changes, legislative changes, adoption
of a “dig once” ordinance, community development and planning process
workflow changes, a process to identify potential revenue generation
opportunities for the City, and other actions identified in the Strategic Plan.
10) Provide Design Input on City’s Civic Center Plan Development: Provide input
to the City as it develops its Civic Center Plan, from a broadband deployment
and connectivity perspective.
11) Assess the City’s Operational Needs for Smart City Applications: Identify
operational areas that would most benefit from Smart City applications and
operational areas that would not benefit from them.
12) Recommend Actions for the City to Prepare for Smart City Applications:
Develop proactive actions for the City to take to position itself to quickly
deploy and adopt Smart City applications as they become commercially
available.
13) Identify Funding Sources: Identify potential ways the City can obtain funding
for its broadband initiatives.
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RFP for Broadband Strategic Plan
While the City has identified the above tasks to be a part of the development of the
Broadband Strategic Plan, respondents to this Request for Proposals should develop a
plan of work they believe will most effectively meet the City’s objectives outlined above.
In developing this Request for Proposals, the City recognizes the lack of City-owned
conduit and fiber-optic cables and that the cost of developing and installing its own
network is not financially feasible. As such, the City is not seeking a Business Model
Analysis or cost estimate to install fiber-optic cables throughout the City as part of the
Strategic Plan.
REQUIRED PROPOSAL INFORMATION
A. Technical Proposal
1. Cover Letter: This letter should introduce your firm and team and should be
limited to two (2) pages.
2. Statement of Qualifications: Include a statement of your firm’s qualifications to
perform the work associated with broadband-related studies and strategic
planning. The statement should include information describing three (3)
completed projects of a similar size and complexity finished within the past five
(5) years. Provide client contact personnel and telephone numbers for each
project. Similar material should be provided for each sub-consultant participating
in the project. This material should be limited to three (3) pages.
3. Organization and Staffing: Include an organizational chart showing your firm’s
project management team and their organizational relationship. Provide
resumes for the project team, including a resume for the Project Manager and for
each proposed sub-consultant, if applicable. Each resume should be no more
than one (1) page in length.
4. Scope of Work: Provide a scope of work that describes task-by-task how you
plan to accomplish the required work, which may vary from task list included
above. Said scope should include tasks for review of work products by City staff.
Effort should be made to keep the length of this section to under three (3) pages.
5. Person Hours by Task: Provide a table that shows your planned person hours
by classification and task for all work you plan to perform.
6. Project Schedule: Provide a timeline that shows the planned starting time and
duration of each task in your scope of work.
B. Cost Proposal: To be provided in a separate sealed envelope.
1. Cover Letter: This letter should point out any conditions which could affect your
firm’s costs.
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RFP for Broadband Strategic Plan
2. Cost of Services: Provide a table that shows your firm’s estimated cost for the
services, listed by task.
3. Hourly Rates by Classification: Provide a listing of your firm’s hourly rates by
classification, as well as any other cost factors which you would need to price
extra work.
PROPOSAL EVALUATION CRITERIA
The City of Moorpark intends to evaluate and rank the technical proposals received by
utilizing the following criteria:
Criteria Points
Qualifications of the Firm: Based on experience and projects
similar to this project 15
References: Based on quality of references 15
Staffing: Based on background and experience of proposed staffing
on similar projects with the proposing firm 20
Schedule: Based on thoroughness and reasonableness
of the proposed schedule 10
Scope of Work: Based on the understanding of work, approach,
methods, procedures, etc. 40
The proposal submitted by each firm will be ranked using the evaluation method
described above. The highest ranked firm(s) will be interviewed by City staff and the
City Council’s Broadband Ad Hoc Committee. The technical ranking may be adjusted
subsequent to the completion of the interview(s).
The final evaluation and ranking of the proposals will consider the scores from the
technical review and interviews, with the final selection being based upon qualification,
experience, resources, understanding of the City’s requirements, approach, methods
and procedures, and schedule. The highest ranked firm will be selected to negotiate an
Agreement utilizing the submitted cost proposal as a starting point.
The City is not bound to select any of the firms submitting proposals, may waive any
irregularities in proposals and their submittal which may be advantageous to the City,
and is not liable for any costs of preparation and submittal of proposals, including any
presentations made to the City.
GENERAL INFORMATION
• The City reserves the right to reject any and all submittals.
• The Consultant shall provide the City with any exceptions, additions, or
suggestions that will aide in the selection process.
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• The proposal and this RFP shall jointly become part of the Agreement for
Professional Services for this project when said agreement is fully executed by
the Consultant and City.
• Consultant is obligated to provide evidence of insurance liability as outlined in
Exhibit A to the Agreement, which is Attachment 1 to this RFP.
• Consultant shall obtain a City of Moorpark Business Registration prior to
commencing any work.
• Subcontractors/subconsultants (subcontractors): The Proposer may utilize the
services of subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors. Unless a
specific subcontractor is listed by the Proposer, Proposer is representing to City
that Proposer has all appropriate licenses, certifications, and registrations to
perform the work hereunder.
After submission of the proposal, the Proposer shall not award work to any
unlisted subcontractor without prior written approval of the City. The proposer
shall be fully responsible to the City for the performance of his/her
subcontractors, and of persons either directly or indirectly employed by them.
Nothing contained herein shall create any contractual relation between any
subcontractor and the City.
The following is the City’s tentative schedule for selection of the Consultant:
1. Issuance of RFP: July 19, 2019
2. Deadline for RFP Submittal: August 16, 2019
3. City Review of Qualifications: August-September 2019
4. Consultant Interviews (if Necessary): September 2019
5. Award of Agreement: October 2, 2019
Two (2) copies of each proposal must be received by 4:30 p.m. on
August 16, 2019 at:
City of Moorpark
City Manager’s Office
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Brian Chong, Assistant to the City Manager
Please clearly mark the envelope as follows:
RFP – Broadband Strategic Plan
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The consultant’s cost proposal shall be submitted in a separate sealed envelope
from the submittal documents and clearly marked “COST PROPOSAL”.
Attachment 1 – Sample Professional Services Agreement with Insurance Requirements
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SAMPLE AGREEMENT BETWEEN THE CITY OF MOORPARK AND
_________________________________
FOR DEVELOPMENT OF A BROADBAND STRATEGIC PLAN
THIS AGREEMENT, made and effective as of this ____ day of __________, 2019,
between the City of Moorpark, a municipal corporation (“City”), and
________________________, a _________________________ (“Consultant”). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for development of a Broadband Strategic Plan to
guide the City’s economic development and “Smart City” initiatives; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated _____________,
which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide Broadband Strategic Plan Development services, as set
forth in Exhibit B. In the event there is a conflict between the provisions of Exhibit B and
this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of ____________ dollars ($________), as stated in Exhibit B, without a written
Amendment to the Agreement executed by both parties. Payment by City to Consultant
shall be in accordance with the provisions of this Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be __________________, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W -9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, based upon
actual time spent on the above tasks. This amount shall not exceed
___________________ dollars ($____________) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have seven (7) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
[This section intentionally left blank.]
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
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records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of five (5) years after receipt of final payment.
Upon completion, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Consultant’s performance of its obligations under this Agreement or out of the
operations conducted by Consultant, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Consultant’s performance of this Agreement,
the Consultant shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
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City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A, attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations, which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
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genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
The Contractor covenants and agrees that if Contractor and/or its subcontractors
intends to provide service or enter into any contract with any developer(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, during the Term of this Agreement, Contractor shall
immediately notify the City, in writing, informing the City of the nature of the contract,
prior to commencing with any work or entering into such contract. The City Manager
shall determine whether a potential conflict of interest exists, and if his/her
determination is that a conflict of interest is applicable, he/she will either deny the
Contractor’s request to provide service or enter into any contract in violation of this
Agreement, or will assign any work related to the conflict to an alternate contractor.
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18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To:
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments, and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement, or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
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rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit, or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to, this Agreement, or as a result of
any alleged breach of any provision of this Agreement, the prevailing party shall be
entitled to recover its costs and expenses, including attorneys’ fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an
award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
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29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONSULTANT
__________________________________ __________________________________
Troy Brown, City Manager Name, Title
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
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payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG
2037 with edition acceptable to the City. Consultant also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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