HomeMy WebLinkAboutOrdinance 2664 N.C.S. 09/17/20181
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EFFECTIVE DATE ORDINANCE NO. 2664 N.C.S.
OF ORDINANCE
October 18, 2018
Introduced by Seconded by
Mike Healy Gabe Kearney
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA RATIFYING
THE EXECUTION OF A LEASE AGREEMENT WITH NORTH BAY ANIMAL SERVICES
IN ACCORDANCE WITH SECTION 46 OF THE PETALUMA CHARTER
WHEREAS, beginning in August 2012, the City of Petaluma provided animal services for the
Petaluma community by contracting with Petaluma Animals Services Foundation ("PASF") to
enforce the City's animal regulations, and operate City animal care facilities and equipment
located at 900 Hopper Street in Petaluma pursuant to lease; and
WHEREAS, as directed by the City Council, in April 2018, staff solicited proposals for provision
of animal services in Petaluma to commence on August 1, 2018, the expiration date of the animal
services contract with the PAS; and
WHEREAS, following receipt and staff review of the resulting proposals and deliberations on
staff analysis and recommendations, at the June 18, 2018 City Council meeting the City Council
directed that City staff proceed with a contract with North Bay Animal Services ("NBAS") for
provision of animal services in Petaluma; and
WHEREAS, following the Council's direction at its June 18, 2018 meeting, staff commenced
preparation of new service agreement and lease documents to provide for provision of animal
services and operation of City animal service facilities and equipment by NBAS; and
WHEREAS, Section 46 of the Petaluma City Charter requires that certain City real property
transactions, including lease of City property valued at $3,000 or more, must be approved by
ordinance; and
WHEREAS, following the Council direction on June 18, 2018, insufficient time remained for
introduction and adoption of an ordinance approving a new lease with NBAS and running of a
30 -day referendum period prior to expiration of the PASF service contract and lease agreement
on July 31, 2018; and
WHEREAS, California cities may ratify actions that they possess the power to perform, so
loan as the ratification takes the form required for the original act (Los Angeles Dredging Co. v.
City of Long Beach (1930) 210 Cal. 348); and
WHEREAS, ratification of the lease agreement with NBAS pursuant to this ordinance is
categorically exempt from the California Environmental Quality Act ("CEQA") in accordance with
Section 15301 of the CEQA Guidelines as an action providing for the operation, maintenance,
Ordinance No. 2664 N.C.S. Page 1
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and leasing of existing City animal care structures, facilities, and mechanical equipment involving
no expansion of use beyond that currently existing;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Lease Agreement with NBAS Ratified. The lease agreement with North Bay Animal
Services entered July 30, 2018 on behalf of the City and effective August 1, 2018 regarding City
animal care facilities and equipment located at 900 Hoper Street in Petaluma, which lease is
made a part of this ordinance by this reference and attached hereto as Exhibit A, is hereby ratified
in accordance with the requirements of Section 46 of the Petaluma City Charter and other
applicable law.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each and
all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 3. Effective Date. This ordinance shall become effective thirty (30) days after the date
of its adoption by the Petaluma City Council.
Section 4. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this
ordinance or a synopsis for the period and in the manner provided by the City Charter and
other applicable law.
INTRODUCED, and ordered posted /pubiished, this 101h day of September 2018.
ADOPTED this 171h day of September 2018, by the following vote:
Ayes: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King, Miller
Noes:
34 Abstain:
35 Absent:
36
ATTEST:
Claire Cooper, City Clerk
APPROVED AS TO FORM:
Eric Danly, City Atto
Ordinance No. 2664 N.C.S. Page 2
Exhibit A to Ordinance
Lease Agreement
LEASE AGREEMENT FOR ANIMAL SERVICES FACILITIES
840 HOPPER STREET, PETALUMA, CALIFORNIA
This Lease Agreement ("Agreement") is entered into this day of 12018,
by and between North Bay Animal Services, a California corporation, California Secretary of
State registration no. C4115120, (Lessee") and the City of Petaluma, a municipal corporation
("Lessor" or "City"). Lessor and Lessee are referred to collectively herein as the "Parties". The
Parties hereby agree as follows:
Professional Services Agreement. Substantially concurrent herewith, the Parties are
entering into that certain Professional Services Agreement ("PSA") whereby Lessee will
perform animal care services for Lessor on the terms and conditions specified therein.
The PSA, together with all exhibits thereto, is incorporated herein by this reference as if
frilly set forth.
2. Lease of Premises and Facilities.
A. City leases to Lessee and Lessee leases from City, in accordance with the terms
of this Agreement, the right to use existing City facilities located on a portion of
APN 007-171-008, commonly known as the City of Petaluma Corporation Yard,
840 Hopper Street, Petaluma, California, 94952 (the "Premises"), solely for the
permitted uses defined in this Agreement. The Premises are further described in
Exhibits A and B which are attached to and made a part of this Agreement, and
shall include all structures, parking areas, access ways and open space thereon as
depicted as "Animal Shelter Lease Area" in Exhibits A and described in Exhibit
B. Lessee and its employees agents, officers, subcontractors, invitees, customers,
volunteers and any member of the public or person accessing or using the
Premises shall have the nonexclusive right to travel across City property
otherwise known as the City of Petaluma Corporation Yard only to the extent
necessary to access the Premises from Hopper Street, but for no other purpose.
Other than as expressly provided for herein, neither Lessee nor its employees
agents, officers, subcontractors, invitees, customers, volunteers nor any member -
of the public or person accessing or using the Premises shall use any part of the
City Corporation Yard not depicted as "Animal Shelter Lease Area" on Exhibit A
and described in Exhibit B.
B. The City reserves its nonexclusive rights to use the area of the Premises marked
as "City Access Area" on Exhibit A for access to and from City facilities adjacent
Lo portions of the Premises, including but not limited to vehicular and pedestrian
access by the City, its agents, employees, officers, invitees and volunteers and/or
for such other purposes by said persons as deemed necessary in the sole judgment
of the City. Lessee shall also have nonexclusive use of the area of the Premises
marked as "City Access Area" on Exhibit A, including but not limited to
vehicular and pedestrian access by Lessee, its agents, employees, officers, invitees
and volunteers to access other areas of the Premises.
Ordinance No. 2664 N.C.S. Page 3
C. City leases to Lessee and Lessee leases from City the vehicles, material and
equipment furnished by City to Lessor for Lessor's use in performance of the
Services as described in the PSA ("the Facilities"). The Facilities are further
described in Exhibit D to the PSA.
D. NO WARRANTIES: City expressly disclaims any warranty of fitness of the
Facilities for the use intended by Lessee and expressly disclaims any warranty of
merchantability. Lessee acknowledges that Lessee has had ample opportunity to
view and inspect the Facilities, and has performed such inspection as Lessee
deems necessary, such that Lessee accepts the Facilities in an as -is condition, with
all faults, and without any warranty whatsoever, express or implied. Lessee relies
entirely on its own judgment, inspection and evaluation, and not on any
inspection, test or representation by City, whether oral, written or implied, as to
the condition of the Facilities in any respect, including but not limited to their
merchantability and/or their fitness for any use or sale.
Term. The term of this Agreement ("Term") shall commence on August 1, 2018
("Commencement Date") and expire on July 31, 2020 ("Expiration Date"), unless the
term of the PSA is extended or terminated sooner. In the event that the PSA has not been
terminated, and is extended for one (1) one-year period ("Extension") pursuant to the
terms and conditions of the PSA, the Term of this Agreement may also be extended.
Expiration or termination of the PSA in accordance with its terms will result in expiration
or termination of this Agreement without fiw-ther action by the parties.
4. Lease Payments. Lease payments shall be One Dollar ($1.00) per year, payable in
advance on the Commencement Date and thereafter on each anniversary thereof that this
Agreement remains in effect, whether during the Term or the Extension. Lessee shall pay
the first month's Lease Payment to City upon execution of this Agreement. Lease
Payments shall be made payable to the City of Petaluma, 11 English Street, Petaluma,
California 94952.
Permitted Use. Permitted use of the Premises and Facilities pursuant to this Agreement is
limited to animal care, shelter, training, adoption, and related services, and enforcement
of Title 9 of the Petaluma Municipal Code entitled "Animal Regulations" and applicable
State of California animal control laws, as more particularly described in Exhibit A to the
PSA. Any other use of the Premises and Facilities will occur only with prior written
approval of the City Manager,
6. Termination. This Agreement may be terminated as follows:
A. Upon termination of the PSA in accordance with its terms.
B. For breach of this Agreement by either party, the parties shall have all rights and
remedies afforded to them by this Agreement or law or equity.
C. For Lessee's material breach of any term of this Agreement, City shall provide
notice to Lessee specifying the termination effective date. City may, in its
discretion, allow Lessee a reasonable period, as specified in the notice, in which
Ordinance No. 2664 N.C.S. Page 4
to cure any breach of this Agreement. Lessee specifically waives any right Lessee
may have under applicable law to a three-day or other period in which to cure any
breach of this Agreement, should City elect not to provide such period for cure of
Lessee's breach. In the event of termination for cause, subject to applicable law,
Lessee will remain responsible for Lease Payments due or accrued prior to the
termination date.
Utilities. Lessee shall be responsible for the payment of all utilities serving the Premises
during the Agreement term.
8. Compliance. Lessee shall comply with all statutes, ordinances and regulations of the
federal, state, county and municipal authorities presently in effect, or which hereafter
may become effective. Failure to follow such regulations shall constitute a material
breach of this Agreement and shall be grounds for termination of this Agreement
pursuant to section 6(C), above. Notwithstanding the foregoing, Lessee will not be
responsible for improvements to the Premises that may be required for purposes of
compliance with the Americans with Disabilities Act of 1990 ("ADA") and any other
applicable state or federal law or regulation governing access of persons to and on the
Premises, provided that Lessee notifies the City as soon as possible concerning any
aspect of the Premises that Lessee reasonably believes may require improvements to
satisfy applicable access requirements. Failure to follow such regulations shall constitute
a material breach of this Agreement and shall be grounds for termination of this
Agreement pursuant to section 6(C), above.
Sublease or Assignment. Lessee shall not assign its rights under this Agreement without
prior written consent of Lessor, which consent will not be unreasonably withheld. Any
purported sublease, assignment or delegation with Lessor's written consent shall be void
and shall constitute cause for termination of this Agreement under Paragraph 6(C) above.
10. Alterations, Etc. Lessee shall not make any material alterations, install any fixtures, or
make any additions or improvements to the Premises without prior written consent of
Lessor.
11. Maintenance of Premises and Facilities. Lessee acknowledges that it has inspected the
Premises and the Facilities, and by execution of this instrument it takes the Premises and
Facilities in present condition, with no obligation upon Lessor to make repairs, alterations
or additions of any kind. Lessee agrees to keep the Premises and Facilities in good order
and condition at all times, to keep the same safe for the intended use by Lessee, its
employees agents, officers, subcontractors, invitees, customers, volunteers and any
member of the public or person accessing or using the Premises or Facilities, and that
upon termination of this Agreement Lessee will surrender the Premises and the Facilities
in as good order and condition as received, reasonable wear and tear excepted. Lessor, as
owner, may inspect the Premises and the Facilities on a regular basis to assure
appropriate level of maintenance. Lessee will be responsible for ally damage to the
Premises and the Facilities and shall repair any damage thereto to the reasonable
satisfaction of, and at no cost to, the City, as more particularly described in Section 9 of
the PSA. If lighting is required to maintain the Premises for safe use by Lessee, Lessee,
its employees, agents, officers, subcontractors, invitees, customers, volunteers and any
member of the public or person accessing or using the Premises or Facilities, Lessee shall
Ordinance No. 2664 N.C.S. Page 5
be responsible for installing and maintaining such lighting, after obtaining the prior
written consent of Lessor in accordance with paragraph 10 above, and further subject to
any required City permits, laws or regulations.
12. Enter and Inspection. Lessee shall permit Lessor, its agents and/or employees to enter
the premises at reasonable times and upon reasonable notice for the purpose of malting
necessary or convenient repairs, or to inspect the premises for compliance with the terms
of this Agreement.
13. Indemnity,
A. To the maximum extent permitted by law, Lessee shall, at its own expense,
indemnify, defend with counsel acceptable to the City, (which acceptance will not
be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all
liability, loss, damage, claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, civil penalties and fines,
expenses and costs (including, without limitation, claims expenses, attorney's fees
and costs and fees of litigation) (collectively, "Liability") of every nature, whether
actual, alleged or threatened, arising out of or in connection with the Services,
including but not limited to use of the Premises and/or Facilities and/or use of
portions of the City Corporation Yard other than the Premises, whether as
permitted by paragraph I(a) of this Agreement or otherwise, by Lessee, its
employees agents, officers, invitees, subcontractors, customers, volunteers and
any member of the public or person accessing or using the Premises, Facilities
and/or Services; and/or Lessee's failure to comply with any of the terms of this
Agreement, regardless of any fault or alleged fault of the Indemnitees. Nothing in
this paragraph supersedes any provision of paragraph 1 of this Agreement as to
the permitted use of the Premises and/or any other portion of the City Corporation
Yard by Lessee, its employees' agents, officers, invitees, subcontractors,
customers, volunteers and any member of the public or person accessing or using
the Premises, Facilities and/or Services.
B. Lessee's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of Lessee's inability to evaluate Liability, or because
Lessee evaluates Liability and determines that the Lessee is not or may not be
liable. Lessee must respond within 30 calendar days to any tender for defense and
indemnity by the City, unless the time for responding is extended by an
authorized representative of the City in writing. Lessee's failure to accept tender
of defense and indemnity within 30 calendar days, in addition to any other
remedies authorized by law, shall constitute a material breach of this Agreement
and shall be cause for immediate termination pursuant to Paragraph 6 of this
Agreement.
C. Lessee waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Lessee arising out of or in connection
with the Services or Lessee's failure to comply with any of the terms of this
Agreement .
Ordinance No. 2664 N.C.S. Page 6
D. Notwithstanding the foregoing, to the extent this Agreement is a "construction
contract" as defined by California Civil Code §2783, as may be amended from
time to time, Lessee's duty to indemnify under this provision shall not apply when
to do so would be prohibited by California Civil Code §2782, as may be amended
from time to time.
E. Notwithstanding the foregoing, to the extent that the Services include design
professional services subject to Cal. Civil Code § 2782.8, as amended from time
to time, Lessee's duty to indemnify shall only be to the maximum extent permitted
by Civil Code § 2782.8.
14, Insurance. Lessee shall procure and maintain throughout the term of this Agreement the
kinds and amounts of insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the Lessee's operation and use of
the Premises and provide proof of insurance and otherwise comply with all of the
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement. The cost of such insurance shall be borne by the Lessee. In the event that
the PSA requires greater insurance levels or additional coverage in comparison with those
specified in Exhibit C, the terms of the PSA shall control. Failure to maintain the kinds
and amounts of insurance as required herein throughout the Term and any Extension of
this Agreement shall constitute cause for termination under paragraph 6(C) above.
15, Notice. All notices required or permitted by this agreement, including notice of change
of address, shall be in writing and given by personal delivery or sent by United States
mail, postage prepaid, and address to the party or parties intended to be notified. Notice
shall be deemed to be given as of the date of delivery in person or as of the date when
deposited in any post office or any post office box regularly maintained by the United
States Government.
Notice shall be given as follows:
Lessor: City Clerk
City of Petaluma
11 English Street
Petaluma, California 94952
and
City Manager
City of Petaluma
1 1 English Street
Petaluma, CA 94952
Lessee: Executive Director
North Bay Animal Services
840 Hopper Street
Petaluma, California 94952
Ordinance No. 2664 N.C.S. Page 7
16. Attorneys' Fees. In the event either party hereto shall commence any legal action arising
out this Agreement or the performance thereof, the party prevailing in said action or
proceeding shall be entitled to recover, in addition to its court costs, reasonable attorneys'
fees to be fixed by the Court.
17. Possessory Interest. Lessee is advised that under Revenue and Taxation Code Section
107.6 a possessory interest subject to property taxation may be created by this
Agreement. Lessee hereby agrees that if such possessory interest is created and such
interest is subject to property taxation, Lessee shall be responsible for the payment of said
property taxes levied on any such interest.
18. Amendment. This Agreement may be amended only by a written instrument executed by
authorized representatives of each party.
19. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and the Parties agree that, notwithstanding Civil Code section 1654, any
uncertainty in the Agreement shall not be construed against the drafter of the Agreement.
20, Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Venue for any action arising
from or brought in connection with this Agreement shall be in a court of competent
jurisdiction in the County of Sonoma, State of California.
21. Non -Waiver. The failure to enforce any provision of this Agreement or the waiver
thereof in a particular instance shall not be construed as a general waiver of any part of
such provision, and the provision shall remain in full force and effect.
22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
23. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
24. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
25. Survival. All obligations arising prior to the expiration or termination of this Agreement
and all provisions of this Agreement allocating liability between City and Lessee shall
survive the expiration or termination of this Agreement.
26. Entire Agreement. This Agreement, including all exhibits, constitutes the entire
agreement between the Parties and supersedes all prior agreements or understandings,
oral or written, between the Parties concerning the subject matter of this Agreement.
Ordinance No. 2664 N.C.S. Page 8
27. Warranty of Authority to Execute. Lessee warrants that the person executing this Lease
has the power to bind Lessee and is authorized to execute this Agreement, and that any
necessary acts of Lessee's governing board, bylaws or other governing documents
required to permit Lessee to so act have been adopted and are in effect as of the day and
year first above written.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first
above written.
CITY OF PETALUMA
John C. Brown, City Manager
ATTEST:
olatk--oob7nw-o-�--
Claire Cooper, City Clerk
APPROVED AS TO FORM:
Danly, City Attorney
1928110.4
NORTH BAY ANIMAL SERVICES
B: 4k
Name:_Sue Davy—
Title: President of the Board
Ordinance No. 2664 N.C.S. Page 9
EXHIBIT A to LEASE
SITE MAP
Ordinance No. 2664 N.C.S. Page 10
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EX14IBIT B to LEASE
PREMISES DESCRIPTION
A portion of APN 007-171-008, commonly known as the City of Petaluma Corporation Yard,
900 Hopper Street, Petaluma, California, 94952
Ordinance No. 2664 N.C.S. Page 12
EXHIBIT C to LEASE
INSURANCE REQUIREMENTS
Contractor's performance of the Services under this Agreement shall not commence until
Contractor shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Contractor shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Contractor, the
Contractor's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability Insurance.
5. Automobile All Risk Physical Damage Insurance for vehicles as defined in this
Agreement.
6. All Risk Fire and Comprehensive Insurance for all City Equipment and Furnishings
as defined in this Agreement.
7. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,500,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate liability is used, either the general aggregate limit shall apply
separately to this Agreement or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $5,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident: $1,000,000 each accident
Bodily Injury by Disease: $1,000,000 policy limit
Bodily Injury by Disease $1,000,000 each employee
4. Professional Liability Insurance: $5,000,000
5. Automobile Physical Damage coverage sufficient to meet current fair market values.
6. All Risk Fire and Comprehensive Insurance -Guaranteed replacement value.
7. Such other insurance coverages and limits as may be required by the City.
Ordinance No. 2664 N.C.S. Page 13
C. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as
Additional Insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the Contractor;
premises owned, occupied or used by the Contractor; or automobiles owned, ]eased,
hired or borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, officials,
employees, agents or volunteers. City is further to be named as a specific loss payee
on the Automobile Physical Damage Policy as well as the All Risk Fire and
Comprehensive Insurance policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, agents or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim
is made or suit is brought except, with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause 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 the City.
6. Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors, subcontractors
or others involved in any way with the Services to do likewise.
E. Acceptability of insurers
Insurance is to be placed with insurers with a current AM. Best's rating of no less than
ANIL
II.
F. Verification of Coverage
Contractor shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Service commence.
Ordinance No. 2664 N.C.S. Page 14
DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE
x/26/tole
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s). -
PRODUCER NAM[ACI Texay Elr�Jd.
It)` TAX
McDonald -Leavitt Ins. Agency, Inc. PNCtNE t 7)204.5900 GtdrizL4 s9rd
F-MAII t e r et - eT-rodt?lea v i t t. cCmi
2600 Cleveland Ave. Ste. D ADDttEsa; y __ -
INSURER(S) AFFORDING (-OVF'RABE MAIC: 0
Santa Rosa CA 95403 IN.SURGNA-NOnpraf-i.ts Insuranco Alliance 87104,5'
INSURED IN UIiEI;UsStaCe CompeuBaLion InSUraflao 1`1311d 35076.
North Bay Animal Services INSURLRL.7ndian Harbor Insurance Company 36940
P.O. Box 798 INSURER u_ ___ _..
INSURER E _--
Petaluma CA 94953 I1,13URIA4F
�r r, ,ner� �nia�o�o. 711A/9f 1Q MaRtPr RFVISNDN NIIMRFR'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS.
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR - :AUDL SUURi POLICY EFF I POLICY EXP
LTR TYPE OF INSURANCE I IN;z / POLICY NUMBER MMIDDIYYYY i fdtd)DD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000
- 6AAAt3Eft1RIN1Ld
A CIAiMS-MAGE i k I OCCUR PREMISE; (I,,,_-
- --
XLiquor Liability .$114/$1t.1 X Y 2018-56152 8/1/2018 8/1/2019 MEO_EXP(A(ty one pcton) S. 10,000
-- -
X See Service Prof $1M/$3M PERSONAL &ADV INJURY '$ 1,000,000
-- - - _ - - GENERAL AGGREGATC lH 3,000,000
GENT AGGREGATE LIMIT APPLIES PER:
j —'PRO- ! PROOUCTS-COMP/OPAGG'§. 3,000,000
X POLICY JECT LOC I
I t 1 Employee Benefits ` $
OTHER:
AUTOMOBILE LIABILITY( IOMBtNrU`uiNnt F HMO $ 1,000,000.
(kn nc: in0
X I ANY AUTO i BODILY INJURY (Per person) $
A -- - ALL OWNED SCHEDULED X 2018-56152 8/1/2018 6/1/2019 Isnuil. Y 114JORY(Pe, tnh.01) 3
AUTOS AUTOS PROPETtTY DAMACi — -
i NON -OWNED ' "5
X HIRED AUTOS } AUTOS (It t ,rCr_de00 —
C�xt(:irtil,ran;e S
X UMBRELLA LIAR ! OCCUR l CACI I OCCURRCNCC _ f S 4.000,000
A EXCESS LIAR ) CLAIMS MADE;, i AGGREGATE S
iWORKERS COMP 14LI LOTION ' 2010-56152 -UFSB j 8/1/2018 8/1/2019 $
ON _.._ X PER 01IT
'AND EMPLOYERS' LIABILITY
:ANY PROPRIETOR/PARTNER/EXECUTIVE Y ,l El EACH. ACCIDENT 5 1_,_000,000
OFFICERIMEMBER EXCLUDED? Y 11 N I A -- -
B j(Mandatory in NH) ! y 9235501-2018 8/1/2018 8/1/2019 EL DISEASE - EA EMPI OYIL 5 1_,000,000
i If yes, describe ,ndef
I DESCRIPTION OF OPFRATIONS O-Aol - ! I ELDISEASE POLICY Dhlil i 5 1,000,000
C I Professional Liability X ! PPL0953484 8/1/2018 8/2/2019 $10,000 Relenlion $5,000,000 ode
i
I
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The City, its officers, officials, employees, agents and volunteers are to be covered as Additional
Insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. City is further to be named as a
specific loss payee on the Automobile Physical Damage Policy as well as the All Risk Fire and
Comprehensive Insurance policy. Coverage is primary and includes waivers of subrogation. Excess
Liability follows form. All endorsements not attached to the Certificate of Insurance to follow.
GCKI II-IUAI t
City of Petaluma
Attn: Risk Management
11 English Street
Petaluma, CA 94952
AGORD 25 (2014101)
INS025 (3owffl)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
V I`Jets-ZU'14 AUUKU L, UK rUKA I IUN An IIYIltS tUJvl veu.
The ACORD name and logo are registered marks of ACORD
Ordinance No. 2664 N.C.S. Page 15
Ordinance No. 2664 N.C.S. Page 16
ADDITIONAL COVERAGES
Ref # Description _ Coverage Code Form No. Edition Date
Underinsured motorist combined single limit UNCSL
Limit 1 Limit 2
Limit 3Deductible Amount Deductible Type Premium
1,000,000
Ref # Description 1 Coverage Code Form No. Edition Date
Uninsured motorist combined single limit I UMCSL
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
1,000 00
-_
-
Ref ft Description
__.Medical payments
Limit 1 Limit 2
Coverage Code Form No, Edition Date
MEDPM
Limit 3 Deductible Amount Deductible Type Premium
5,000
Ref # Description
Coverage Code Form No. Edition Date
Limit 1l Limit 2
Limit 3 Deductible Amount Deductible Type Premium
Ref # Description
Coverage Code
Form No,
Edition Date
Limit 1 Limit 2
Limit 3 Deductible Amount Deductible Type
Premium
Ref # Description
Coverage Code Form No. Edition Date
—7771
Limit 1 Limit 2
Limit 3 Deductible Amount Deductible Type Premium
Ref # 1 Description
Coverage Code Form No. Edition Date
Limit 1 Limit 2
Lirnit 3 Deductible Amount Deductible Type Premium
Ref # Description
Coverage Code Form No. ritionDate
Limit 1 Limit 2
it 3 [Deductible Amount Deductible Type Premium
Ref # Description
r7-
Coverage Code Form No. Edition Date
- -
Limit 1 Limit 2
-
-'rt
Limit 3 Deductible Amount Deductible Type Premium
Ref # Description
Coverage Code Form No. Edition Date
Limit 1 I Limit 2
I Limit 3 Deductible Amount Deductible Type Premium
Ref # I Description
I Coverage Code Form No Edition Date
Limit 1 Limit 2
Limif 3 Deductible Amount Deductible Type Premium
01-ADTLCV
Copyright 2001, AMS Services, Inc.
Ordinance No. 2664 N.C.S. Page 16
-; ' � C �, 1� L: ? ,:, E s ,
2018-56152
COMMERCIAL GENERAL LIABILIT)'
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
his r s e n-, e n- I I S u a,'Ice
') ro V e( n ,, e r (he f I 110 win
G -t EF
LN -�AL !ABILITY Mk,ERAGE PART
SCHEDULE
Name 01"Additional Insured Person(s) Or Orgnljizatio
Any person, or organization that you are required to add as an additional insured on this policy under
a written contract or agreement currently in effect, or becoming effective during the term of this pokey
The additional insured status mll not be afforded with respect to liability arising out of or related to
your activities as a real estate manager for that person or organization.
City of Petaluma, Attn: Risk Management, 11 English Street, Petaluma, CA 94952
information required this Schedule, if r10 shovoi 'ibr)vii, will be shown in
Section 11 — Who Is An Insured is amended to in-
clude as an additional insured the porson(s) or organi
zation(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "properly damage' or
"personal and advertising injury" caused, in whole of
in part, by your acts or omissions or the acts or omis-
sions of lhosc acting on your behalf:
A. In the performance of your ongoing operations, or
8, In connection with Your premises owned by or
rented to you,
arations.
Ordinance No. 2664 N.C.S. Page 17
POLICY NUMBER: 2018-56152 COMMERCIAL GENERAL LIABILITY
CG 20 11 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS OF
PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
1. Designation of Premises (Part Leased to You):
2. Name of Person or Organization (Additional Insured):
Any person or organization acting as a manager or lessor of a covered premises that you are
required to name as an additional insured on this policy, under a written contract, lease or
agreement currently in effect, or becoming effective: during the term of this policy, and for
which a certificate of Insurance nal -fling that person or organization as additional insured has
been issued.
City of Petaluma, Attn: Risk Management, 11 English Street, Petaluma, CA 94952
3. Additional Premium: INCLUDED
(If no entry appears above, the information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem-
ises leased to you and shown in the Schedule and subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you cease to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or
organization shown in the Schedule.
Ordinance No. 2664 N.C.S. Page 18
IL 02 70 09 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
► 0CiTITI.All
This endorsement modifies insurance provided under the following:
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
EQUIPMENT BREAKDOWN COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MEDICAL PROFESSIONAL LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraphs 2. and 3. of the Cancellation
Common Policy Condition are replaced by the
following:
2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or
less, and is not a renewal of a policy we have
previously issued, we may cancel this policy by
mailing or delivering to the first Named Insured,
at the mailing address shown in the policy, and
to the producer of record, advance written
notice of cancellation, stating the reason for
cancellation, at least:
a. 10 days before the effective date of
cancellation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this policy.
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.
3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy we
issued; we may cancel this policy only upon
the occurrence, after the effective date of
the policy, of one or more of the following:
(1) Nonpayment of premium, including
payment due on a prior policy we issued
and due during the current policy term
covering the same risks.
(2) Discovery of fraud or material
misrepresentation by:
(a) Any insured or his or her
representative in obtaining this
insurance; or
(b) You or your representative in
pursuing a claim under this policy.
(3) A judgment by a court or an
administrative tribunal that you have
violated a California or Federal law,
having as one of its necessary elements
an act which materially increases any of
the risks insured against.
Ordinance No. 2664 N.C.S. Page 19
(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations of
state laws or regulations establishing
safely standards, by you or your
representative, which materially
increase any of the risks insured
against.
(5) Failure by you or your representative to
implement reasonable loss control
requirements, agreed to by you as a
condition of policy issuance, or which
were conditions precedent to our use of
a particular rate or rating plan, if that
failure materially increases any of the
risks insured against.
(6) A determination by the Commissioner of
Insurance that the:
(a) Loss of, or changes in, our
reinsurance covering all or part of
the risk would threaten our financial
integrity or solvency; or
(b) Continuation of the policy coverage
would:
(1) Place us in violation of California
law or the laws of the state where
we are domiciled; or
(ii) Threaten our solvency.
(7) A change by you or your representative
in the activities or property of the
commercial or industrial enterprise,
which results in a materially added,
increased or changed risk, unless the
added, increased or changed risk is
included in the policy.
b, We will mail or deliver advance written
notice of cancellation, staling the reason for
cancellation, to the first Named Insured, at
the mailing address shown in the policy,
and to the producer of record, at least:
(1) 10 days before the effective date of
cancellation if we cancel for
nonpayment of premium or discovery of
fraud; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in Paragraph 3.a.
B, The following provision is added to the
Cancellation Common Policy Condition:
7. Residential Property
This provision applies to coverage on real
property which is used predominantly for
residential purposes and consisting of not more
than four dwelling units, and to coverage on
tenants' household personal property in a
residential unit, if such coverage is written
under one of the following:
Commercial Property Coverage Part
Farm Coverage Part - Farm Property - Farm
Dwellings, Appurtenant Structures And
Household Personal Property Coverage Form
a. If such coverage has been in effect for 60
days or less, and is not a renewal of
coverage we previously issued, we may
cancel this coverage for any reason, except
as provided in b. and c. below.
b. We may not cancel this policy solely
because the first Named Insured has:
(1) Accepted an offer of earthquake
coverage; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake
Authority (CEA) that included an
earthquake policy premium surcharge.
However, we shall cancel this policy if the
first Named Insured has accepted a new or
renewal policy issued by the CEA that
includes an earthquake policy premium
surcharge but fails to pay the earthquake
policy premium surcharge authorized by the
CEA.
c. We may not cancel such coverage solely
because corrosive soil conditions exist on
the premises. This restriction (c.) applies
only if coverage is subject to one of the
following, which exclude loss or damage
caused by or resulting from corrosive soil
conditions:
(1) Commercial Property Coverage Part -
Causes Of Loss - Special Form; or
(2) Farm Coverage Part - Causes Of Loss
Form - Farm Property, Paragraph D.
Covered Causes Of Loss - Special,
Ordinance No. 2664 N.C.S. Page 20
C. The following is added and supersedes any
(2) The Commissioner of Insurance finds
provisions to the contrary:
that the exposure to potential losses will
Nonrenewal
threaten our solvency or place us in a
hazardous condition. A hazardous
1. Subject to the provisions of Paragraphs C.2.
condition includes, but is not limited to, a
and C.3, below, if we elect not to renew this
condition in which we make claims
policy, we will mail or deliver written notice,
payments for losses resulting from an
stating the reason for nonrenewal, to the first
earthquake that occurred within the
Named Insured shown in the Declarations, and
preceding two years and that required a
to the producer of record, at least 60 days, but
reduction in policyholder surplus of at
not more than 120 days, before the expiration
least 25% for payment of those claims;
or anniversary date.
or
We will mail or deliver our notice to the first
(3) We have:
Named Insured, and to the producer of record,
(a) or experienced a substantial
at the mailing address shown in the policy.
redLos
reduction in the availability or scope
2. Residential Property
of reinsurance coverage; or
This provision applies to coverage on real
(b) Experienced a substantial increase
property used predominantly for residential
in the premium charged for
purposes and consisting of not more than four
reinsurance coverage of our
dwelling units, and to coverage on tenants'
residential property insurance
household property contained in a residential
policies; and
unit, if such coverage is written under one of
the Commissioner has approved a plan
the following:
that is fair and
for the nonrenhat
Commercial Property Coverage Part
is
equitable, and that s responsive to the
Farm Coverage Part — Farm Property — Farm
changes in our reinsurance position.
Dwellings, Appurtenant Structures And
c. We will not refuse to renew such coverage
Household Personal Property Coverage Form
solely because the first Named Insured has
a. We may elect riot to renew such coverage
cancelled or did not renew a policy, issued
for any reason, except as provided in b., c.
by the California Earthquake Authority, that
and d. below.
included an earthquake policy premium
b. We will not refuse to renew such coverage
surcharge.
solely because the first Named Insured has
d. We will not refuse to renew such coverage
accepted an offer of earthquake coverage.
solely because corrosive soil conditions
However, the following applies only to
exist on the premises. This restriction (d.)
insurers who are associate participating
applies only if coverage is subject to one of
insurers as established by Cal. Ins. Code
the following, which exclude loss or
Section 10069.16. We may elect not to
damage caused. by or resulting from
renew such coverage after the first Named
corrosive soil conditions:
Insured has accepted an offer of
(1) Commercial Property Coverage Part —
earthquake coverage, if one or more of the
Causes Of Loss — Special Form; or
following reasons applies:
(2) Farm Coverage Part —Causes Of Loss
(1) The nonrenewal is based on sound
Form — Farm Property, Paragraph D.
underwriting principles that relate to the
Covered Causes Of Loss — Special.
coverages provided by this policy and
3. We are not required to send notice of
that are consistent with the approved
nonrenewal in the following situations:
rating plan and related documents filed
with the Department of Insurance as
a. If the transfer or renewal of a policy, without
required by existing law;
any changes in terms, conditions or rates,
is between us and a member of our
insurance group.
Ordinance No. 2664 N.C.S. Page 21
b. It the policy has been extended for 90 days
or less, provided that notice has been given
in accordance with Paragraph C.I.
c. If you have obtained replacement coverage,
or if the first Named Insured has agreed, in
writing, within 60 days of the termination of
the policy, to obtain that coverage.
d. If the policy is for a period of no more than
60 days and you are notified at the time of
issuance that it will not be renewed.
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of the
end of the policy period.
f. If we have made a written offer to the first
Named Insured, in accordance with the
timeframes shown in Paragraph CA., to
renew the policy under changed terms or
conditions or at an increased premium rate,
when the increase exceeds 25%.
Ordinance No. 2664 N.C.S. Page 22
ENDORSEMENT NO.
ADDITIONAL INSUREDS,
FOR ACTS OF EXISTING INSUREDS
This Endorsement, effective at 12:01 a.m, on 08/01/2018 , forms part of
Policy No.: PPLO953484
Issued to: North Bay Animal Services
Issued by: Indian Harbor Insurance Company
In consideration of the premium charged, it is hereby agreed that:
Coverage under this Policy is extended to include Claims against the following persons or entities:
City of Petaluma, CA
Provided, however, that coverage for such Additional Insureds under this Policy is only for Claims arising
out of the acts, errors or omissions of an Insured, other than an Additional Insured,
All other terms, conditions and limitations of this Policy shall remain unchanged.
(Authorized Representative)
Ordinance No. 2664 N.C.S. Page 23