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Home My WebLink About2001-07-05 PacketITEM NO. 4 AGENDA SUMMARY DATE: July 5, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENTS TO AIRPORT COMMISSION, PLANNING COMMISSION, AND THE PARKS, RECREATION, AND GOLF COMMISSION, AND AUTHORIZE STAFF TO WORK WITH MAIN STREET PROGRAM AND RE- ADVERTISE FOR AT LEAST ONE ADDITIONAL OPENING ON THE DESIGN REVIEW BOARD Effective June 30, 2001, the following vacancies will occur: Airport Commission (4), Design Review Board (5), Planning Commission (3), and Parks, Recreation, and Golf Commission (4). A notice was posted and sent to the media regarding these vacancies. As of the deadline of 12:00 noon on June 29, 2001, the following applications were received by the City Clerk's office: Airport Commission: Incumbents: Mark Ashiku, Ken Fowler, James Mulheren, and Michael Whetzel. New applicants: Bill Beard, Mark Davis, Dave Downey, and William Floyd. Of the 4 vacancies, 3 must reside within the City limits. There is only one sphere of influence seat available and the applicants to be considered for that seat include Bill Beard, Mark Davis, Dave Downey, William Floyd, and Ken Fowler. Two other applications were received after the deadline from Julie Rogers and Sandra Spencer, and staff will encourage them to reapply for future openings as they occur. Design Review Board: By resolution, four members on this Committee must either live or own a business in the City of Ukiah, ahd one individual from the "community at large" may fill the other seat. After review of the applications received and nominations made by the Main Street Program, it is necessary to continue recruitment for at least one additional member who lives or owns a business in the City limits. Therefore, staff is requesting authorization to continue recruitment for the Design Review Board through July 11, 2001. Final consideration and nomination to this Committee will occur by the Ukiah Redevelopment Agency at its meeting of July 18, 2001. Parks, Recreation, and Golf Commission: Incumbents: Jon Henderson, Fredrick Koeppel, James Mulheren, and Perry Ramsey. New applicant: Chamise Cubbison. (Continued on Page 2) RECOMMENDED ACTION: Adopt Resolution making appointments to the Airport Commission, Planning Commission, and the Parks, Recreation, and Golf Commission, and authorize staff to work with Main Street Program and re-advertise for at least one additional opening on the Design Review Board. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staffto re-advertise for all or selected vacancies and reschedule appointments accordingly. Citizen Advised: N/A Requested by: Ukiah City Council Prepared by: Marie Ulvila, City Clerk Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution making appointments to the Airport Commission, Planning Commission, and Parks, Recreation, 'and Golf Commission 2. News Release announcing vacancies 3. Terms of City of Ukiah Boards and Commissions 4. Resolution 2001-61: Procedure for Filling Vacancies on City Commissions and Boards 5. Applications for appointments AP P ROVE DC.J~~~,~,~~.... Canda~e [-Iorsley, l~ity~anager Page 2 Planning Commission: Incumbents: Michael Correll, James Mulheren, and Jennifer Puser, New applicants: William French, Jr., Howell Hawkes, Mary Lindley, Gaither Loewenstein, and Robert Wallen. Per Resolution No. 2001-61, adopted by the City 'Council on June 6, 2001, the City Council will conduct interviews of applicants for the Airport Commission, Planning Commission, and the Parks, Recreation and Golf Commission. However, incumbents seeking reappointments for an additional term are exempt from the interview process. Per Council policy, the nominations for Commission/Committee vacancies are rotated among Councilmembers. The responsibility for the initial nominations at this time is: Airport Commission: Councilmember Libby Planning Commission: Councilmember Larson Parks, Recreation, and Golf Commission: Councilmember Smith ASR: Commission Appointments 070501 RESOLUTION NO. 2002-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE AIRPORT COMMISSION, PLANNING COMMISSION, AND THE PARKS, RECREATION, AND GOLF COMMISSION WHEREAS, the annual expiration of terms for City Commissions occurred on June 30, 2001; and WHEREAS, the vacancies were duly advertised until the close of applications on June 29, 2001, with submitted applications timely received and submitted to Council for consideration; and WHEREAS, the City Council previously requested Airport Commission, Planning Commission, and Parks, Recreation, and Golf Commission applicants who were interviewed on July 5, 2001, to be forwarded for consideration at this time; and NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approved the nominations submitted per procedures outlined in Resolution No. 2001-61, and do hereby appoint the following persons to terms on the following Commissions: PARKS, RECREATION, AND GOLF COMMISSION to fill a term to June 30, 2004; to fill a term to June 30, 2004; to fill a term to June 30, 2004; to fill a term to June 30, 2004; AIRPORT COMMISSION to fill a term to June 30, 2004' to fill a term to June 30, 2004; to fill a term to June 30, 2004; PLANNING COMMISSION to fill a term to June 30, 2004; to fill a term to June 30, 2004; to fill a term to June 30, 2004; PASSED AND ADOPTED this 5th day of July, 2001, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: May 23, 2001 Immediately Vacancies on City of Ukiah Commissions Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there will be vacancies occurring on the Airport Commission, Planning Commission, and the Parks, Recreation, and Golf Commission, effective June 30, 2001. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer for the terms as outlined below, may apply for these upcoming vacancies. Current Commissioners may be eligible to reapply. COMMISSION NUMBER OF LENGTH OF RESIDENCY REQUIREMENT VACANCIES TERM Airport Commission 4 3 Years 3 -City Resident 1 - Resident within the City of Ukiah's Sphere of Influence Design Review Board 5 3 Years Must have design experience, 4 - Reside or own real property or a business within the City of Ukiah City Limits 1- Represent community at large with no ownership or residency requirement Parks, Recreation, and Golf 4 2 Years 3 - City Resident Commission 1 - Representative from Men's Golf Club Planning Commission 3 3 Years 3 - City Resident Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or by calling the City Clerk's office at 463-6217 for an application to be mailed or faxed to you. Applications must be completed in full prior to submittal. The submittal deadline is Friday, June 29, 2001, at noon. All applicants for appointment to the Airport Commission, Planning Commission, and the Parks, Recreation, and Golf Commission will be interviewed by the City Council and consideration for appointment at the first regular City Council meeting in July, 2001. All applicants will be notified in writing as to the meeting date and scheduled interview time. If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. Marie Ulvila, City Clerk 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www. cityofukiah.com TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of May 16, 2001 *Next Councilmember to nominate for appointment to this Commission/Board. Date of Current Present Term Planning Commission-3 year term - (Larson*) Appointment Expires Jennifer Puser 7/01/98 6/30/01 Mike Correll 7/01/98 6/30/01 Judy Pruden 7/17/99 6/30/02 Joe Chiles 7/05/00 6/30/03 James Mulheren 1/17/01 6/30/01 Airport Commission - 3 year term ** - (Libby*) **Ken Fowler - Chairperson Mark Ashiku Michael Whetzel **Allen Rogina James Mulheren 7/01/98 6/30/01 7/01/98 6/30/01 7/01/98 6/30/01 8/04/99 6/30/02 1/11/00 6/30/01 ** Two Commissioners may reside within the Sphere of Influence Parks, Recreation, and Golf Commission - (Smith*) Jon Henderson James Mulheren Fredrick Koeppel Perry Ramsey - Men's Golf Club Susan Johnson, Chairperson Judith Waterman - Women's Golf Club Faye Hefte - Golf - Public Member 7/01/98 6/30/01 7/01/98 6/30/01 7/01/98 6/30/01 8/18/99 6/30/01 8/18/99 6/30/02 7/05/00 6/30/02 7/05/00 6/30/02 Design Review Board - (Ukiah Redevelopment Agency - 3-year term - Commissioner Baldwin*) Thom Parducci, Chairperson 6/30/95(Retro) 6/30/01 Vacant 6/30/01 Donna Berry 10/15/97 10/15/00 **Joan Schlienger (at large) 02/18/98 6/30/00 Marge Boynton 01/20/99 6/30/00 *Five persons with design experience: four shall reside, or own real property or a business within the City of Ukiah City Limits; **one shall represent the community at large with no ownership or residence requirement. Investment Oversight Committee - Public Member 2-year term - (Ashiku*) Phillip Ashiku - Mayor Roy Smith - City Councilmember Candace Horsley - City Manager Gordon Elton - Finance Director Monte Hill- Public Member 7/05/00 Allen Carter - City Treasurer, Chair 6/30/02 Terms: May 16, 2001 Page 1 of 2 TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of July 5, 2000 Traffic En_qineering Committee - (Libby*) Diane Zucker Steve Turner (MTA Rep.) Benjamin Kageyama (Public Rep.) City Manager - Candace Horsley City Engineer- Diana Steele Police Chief - John Williams Planning Director- Charley Stump Superintendent of Public Works - Jim Looney Date of Current Appointment 4/05/00 6/15/88 10/06/99 Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Bill Webster (appointed by employees on 10/25/99) Dan Saylor (appointed by two other members) Present 'l'erm Expires City Representative on the Library Advisory Commission Ann Fatch 11/04/92 Cultural Arts Advisory Board - Mastin* Currently Inactive Demolition Permit Review Committee - 2 year term - Inactive Director of Public Works/City Engineer (all other terms have expired) City of Ukiah Disaster Council Mayor - Phillip Ashiku 12/20/00 Councilmember- Kathy Libby 12/02/98 City Manager - Candace Horsley 12/02/98 Assistant City Manager - Albert Fierro 2000 Police Captain - Chris Dewey 2000 Fire Operations Captain - Bill Woodworth 11/05/97 City Attorney - David Rapport (no vote) 11/05/97 Federal, State and Local Organizations: American Red Cross California Dept. of Forestry Mendocino Emergency Services Authority Mendocino Transit Authority Pacific Bell Pacific Gas and Electric Radio Amateur Civic Emergency Services (R.A.C.E.S.) Chair First Vice Chair Second Vice Chair Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator - Staff Terms: May 16, 2001 Page 2 of 2 RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: 1. Incumbents seeking reappointment for an additional term; 2. Elected officials seeking appointment in their capacity as elected officials; 3. City staff seeking appointment in their capacity as City staff; 4. All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; 5. City Council members, including the Mayor, appointed in their capacity as City Council members; and 6. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. 2. Nominations. Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. c. A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Councilmember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board. (1) The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next Councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. AYES' PASSED AND ADOPTED this 6th day of June, 2001, by the following roll call vote: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku NOES: Councilmember Libby ABSTAIN: None ABSENT: None ATTEST: Marie Ulvila, City Clerk Philip A~hil~u, Mayor ITEM NO; ?a ...... DATE: ........ J ubA5~ _ 2_001 __ AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF SHOPPING CART COLLECTION PROGRAM AGREEMENT SUMMARY: The City Of Ukiah has negotiated an agreement with Mendocino County whereby the juvenile probation division coordinates the collection of stray shopping carts in Ukiah. The city will store the carts at the corporation yard for approximately twenty-five days. During the storage period, we will be contacting local stores to retrieve their displaced shopping carts. All the major grocery stores in Ukiah have agreed to this voluntary shopping cart retrieval program. This program is needed to improve the proliferation of abandoned carts, especially in vacant lots and near large apartment complexes. RECOMMENDED ACTION' Approve shopping cart program and authorize the execution of contract with Mendocino County ALTERNATIVE COUNCIL POLICY OPTIONS: Elect not to enter into contract with Mendocino County and direct staff with alternate policy direction Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Albert T. Fierro, Assistant City Manager Candace Horsley, City Manager Agreement materials APPROVED: Candace Horsley, City nager June 5, 2001 Mr. Mike Mihalyo, Counselor III. Supervisor-Juvenile Work Program Mendocino County Probation Department 585 Low Gap Road Ukiah, CA 95482 Dear Mike: In accordance with our recent meeting, enclosed you will find an agreement crafted by our City Attorney concerning the Shopping Cart Collection Program. Please review this document, forward the agreement to your designated County Counsel, upon the execution of the contract, please, return it to me. My office would like to begin the Shopping Cart Collection Program sometime in July. Thank you very much for your cooperation and leadership regarding this important program. Cordially, A -- Albert T~ Fie~'~'~~ Assistant City Manager C.' Candace Horsley, City Manager Diana Steele, Dir. of Public Works Rick Seanor, Deputy Director of Public Works Encl: Agreement 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www. cityofukiah.com MENDOCINO COUNTY MEMORANDUM TO: County Counsel FROM' Jim O. Brown, Juvenile Hall Subject' Shopping Cart Collection Pr Due to the impending closure of the Ukiah landfill, we have been working with the City of Ukiah to explore programs to best utilize the Juvenile Work Program. We would like to enter into a contract to pick up abandoned shopping carts. Please review the attached contract and advise if any additions or corrections are necessary. This contract mirrors the landfill contract. Thank you for your attention in this matter, if any questions, please call me at 463-4436. AGREEMENT This Agreement is made and entered in Ukiah, Califomia, on ,2001 ("Effective Date"), by and between the City of Ukiah ("City"), a general law municipal corporation, and the County of Mendocino by and through its Probation Department ("Department"). RECITALS: 1. The Department provides community service opportunities for juveniles subject to its jurisdiction or enrolled in programs supervised by the Department. 2. The City is developing a program to remove abandoned shopping carts from public and private property within its corporate limits. 3. Pursuant to the terms of this Agreement the City will use juveniles supervised by the Department to recover abandoned shopping carts from public and private property and store them in accordance with City policies and state law. AGREEMENT: In consideration of and reliance upon the above-recited facts and the terms and conditions as further stated herein, the parties agree as follows: 1. Department responsibilities. The Department will provide and supervise juveniles in its juvenile probation programs or enrolled with the court school operated by the Mendocino County Office of Education to collect abandoned shopping carts in the City. The City through the City Manager or his/her designee and the Department through (collectively, "designated representatives") shall agree upon the number of workers and their schedule. Only licensed drivers who have no moving violations or arrests for public intoxication will operate the pick-up truck. The Department will insure that the workers are trained in the City' s program and policies and are adequately supervised. 2. City responsibilities. The City will provide a pick-up truck for the Department's use in collecting abandoned carts and transporting them for storage. The City will provide a storage facility and training in its program and policies. 3. Additional Department services. Department workers may provide any services in connection with the City's abandoned shopping cart program as the parties may agree through their designated representatives. 4. Indemnification and Insurance. 41. Indemnification. The Department shall protect and defend the City against C:\windows\TEMP\ShoppingCARTS.doc June 5, 20011 any claim for money made against the City, if the claim is based on any act or omission of the Department in performing under this Agreement, regardless of whether the act or omission involves allegedly negligent or intentionally wrongful conduct. It will protect the City and its officers, agents, employees, and contractors. This obligation applies to the acts or omissions of the Department's officers, agents, employees, contractors, and volunteers, including the juveniles performing services under this Agreement. Under its obligation to defend the City, the Department shall provide at its expense such attorneys, investigators, consultants, experts or other professionals as may be necessary to defend any such claim or demand and shall pay all expenses associated with such defense, including any expenses incurred by the City to assist or participate in such defense. If Department fails to provide competent representation when necessary to prevent any prejudice to the City's interests, the City may retain such services and incur such expenses as may be reasonably prudent to protect its interests and Department shall pay any such expenses incurred by the City within 30 days of the date the City provides the Department with written notice of the expense and a demand for payment. In agreeing to indemnify City under this paragraph, the Department shall pay any settlement or judgment resulting from a claim, demand, cause of action or suit covered by this paragraph. The Department will not be required to protect the City against a claim that is based on the sole and active negligence of the City or its officers, agents, employees, or contractors (other than the Department). The City will provide this same protection to the Department for any claim based on the content of the City's policies, an allegation that the City's program violates a specific legal requirement, or the sole and active negligence of the City or its officers, agents, employees or contractors (other than the Department) in implementing the City's abandoned shopping cart program. This indemnification and hold harmless provision of this Agreement shall remain in effect, even if the Agreement is otherwise terminated or fully performed. 4.2 Insurance. The Department shall comply with the insurance requirements contained in Exhibit A, attached hereto. 5. Term. This agreement shall commence on the Effective Date, and shall remaining in effect until The parties may extend this agreement on the same terms and conditions for any additional period or periods as they shall agree in writing. 6. Compensation. The parties agree that the public service opportunity provided by this Agreement for juveniles in the Departments juvenile probation programs is adequate consideration for the performance of the services under this Agreement. C:\windows\TEMP\ShoppingCARTS.doc June 5,20012 7. Miscellaneous. 7.1 Modification of Agreement. City may, from time to time, request changes in the scope of the services of the Department to be performed hereunder. Such changes, including any increase or decrease in the amount of the Department's compensation, which are mutually agreed upon by and between City and the Department, shall be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this agreement. 7.2 Assignment. The Department shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of City. 7.3 Application of Laws. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 7.4 Independent Contractor. It is the express intention of the parties hereto that Department is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Department under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Department and City. 7.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any legal action concerning the agreement must be filed and litigated in the proper court in Mendocino County. 7.6 Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 7.7 Integration. This Agreement contains the entire agreement among the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. C:\windows\TEMP\ShoppingCARTS.doc June 5,20013 7.8 Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 7.9 Notices. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or when deposited in the United Sates mail with proper first class postage affixed thereto and addressed as follows: Department City Mendocino C6unty Juvenile Hall ATTN: Jim Brown 585 Low Gap Road Ukiah, CA 95482 Attention: Asst. City Manager City of Ukiah Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 7.10 Paragraph Headings. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 7.11 Duplicate Originals. This Agreement may be executed in one or more duplicate originals beating the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. Wherefore, the parties have entered this Agreement on the Effective Date. CITY OF U~AH COUNTY OF MENDOC1NO PROBATION DEPARTMENT By: Candace Horsley, City Manager ATTEST: ty Admin'[~t~a~i~e Officer Made Ulvila, City Clerk C :\windows\TEMP\ShoppingCARTS.doc June 5,20014 APPROVED AS TO OFFICE OF TI-II COUr,iTY COUNSE~ EXHIBIT A INSURANCE REQUIREMENTS The Mendocino County Probation Department ("Department") shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance hereunder by the Department, and its agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office1 form number GL 002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). b. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. c. Worker's Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance, if the Department has employees who will directly or indirectly provide service or support the Department in its provision of services under this Contract. 2. Minimum Limits of Insurance. The Department shall maintain limits no less than: a. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Work/location or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. ~The Insurance Services Office CISO") is an organization formed by insurance companies to develop standard forms for different types of insurance. They number their forms. The reference to form number refers to a standard insurance policy for different types of insurance, such as Comprehensive General Liability C CGL") coverage which generally insures against claims for personal injury or property damage based on negligent acts of the insured. Commercial Liability insurance is another type of liability insurance covering a business against personal injury or property damage claims resulting from negligence. C:\windows\TEMP\ShoppingCARTS.doc June 5, 20015 c. Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. 3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City of Ukiah. At the option of City of Ukiah, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City of Ukiah, its officers, officials, employees and volunteers; or the Department shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: a. General Liability and Automobile Liability Coverages. b. City of Ukiah, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Department, products and completed operations of the Department, premises owned, occupied or used by the Department, or automobiles owned, leased, hired or borrowed by the Department. The coverage shall contain no special limitations on the scope of protection afforded to City of Ukiah, its officers, officials, employees or volunteers. c. The Department's insurance coverage shall be primary insurance as respects City of Ukiah, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City of Ukiah, its officers, officials, employees or volunteers shall be in excess of the Department's insurance and shall not contribute with it. d. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City of Ukiah, its officers, officials, employees or volunteers. e. The Department's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the Department for City of Ukiah. g. All Coverages. Each insurance policy required by this Section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City of Ukiah. C :\windows\TEMP\ShoppingCARTS.doc June 5,20016 h. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A. i. Verification of Coverage. The Department shall furnish City of Ukiah with certificates of insurance and with original endorsements affecting coverage required by this Section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by City of Ukiah. Where by statute, City of Ukiah's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by City of Ukiah before work commences. City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. j. Subcontractors. The Department shall include all subcontractors and insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. C:\windowsWEMP\ShoppingCARTS.doc June 5, 20017