HomeMy WebLinkAboutPublic Relations Services Contract 2005_3
AGREEMENT TO PROVIDE PUBLIC RELATIONS SERVICE S
THIS AGREEMENT is made and entered into in the City of San Luis Obispo o n
this g_ day of , by and between the CITY OF SAN LUI S
OBISPO, a municipal corpo ation, hereinafter referred to as City, and ; the SAN LUI S
OBISPO CHAMBER OF COMMERCE, INC ., a nonprofit corporation, hereinafter referre d
to as Contractor .
WITNESSETH :
WHEREAS, the City desires to contract with the Chamber of Commerce t o
promote its advantages as a destination for tourists, disseminate visitor information an d
properly respond to inquiries about activities taking place in the City ; an d
WHEREAS, Contractor is qualified to arrange and obtain favorable medi a
coverage about the City in various radio, print, television and electronic news an d
entertainment outlets ; an d
WHEREAS, Contractor undertakes public relations services as an integral part o f
its operations ; and on behalf of the City, and is in a position to accomplish such aims an d
purposes of the City in an efficient and economical manner ;
NOW THEREFORE, in consideration of their mutual promises, obligations, an d
covenants hereinafter contained, the parties hereto agree as follows :
1.TERM .The term of this Agreement shall be from July 1, 2005 until Jun e
30, 2006 . The term of this Agreement may be extended for an additional year, upon th e
mutual written agreement of both parties .
2.INCORPORATION BY REFERENCE .Exhibit A .
3.REPRESENTATION FOR PROGRAM COORDINATION .
3 .1 City .The City Administrative Officer (CAO) or his designate d
representative shall be the Project Manager representing the City for all purposes unde r
this Agreement .
3 .2 Contractor .Contractor shall assign a single Project Manager to hav e
overall responsibility for the progress and execution of this Agreement for the Contractor .
Dave Garth, President/CEO of Contractor is hereby designated as the Project Manager .
Should circumstances or conditions subsequent to the execution of this document requir e
a substitute Project Manager for any reason, the Project Manager designee shall b e
subject to the prior written approval by the City Project Manager .
4.CITY'S OBLIGATIONS .For providing services as specified in Exhibit A to
this Agreement, the City agrees to pay to Contractor 12 monthly installment payments i n
the amount of Three Thousand Three Hundred Eight Dollars ($3,308)per month, on o r
before the twentieth (20 t") day of each month,plusupto Two Thousand Five Hundre d
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Page 1
Dollars ($2,500)for expenses as billed,for a total public relations services allocation not
to exceed Forty Two Thousand Two Hundred Dollars ($42,200)for 2005-06 .City
shall pay Contractor for expenses incurred by Contractor in connection with renderin g
services under this Agreement up to a maximum of $2,500 .00, within fifteen (15) days
after submission of receipts therefor.
5.CONTRACTOR'S OBLIGATIONS .
5 . 1 . Scope of Work - Exhibit A.For and in consideration of the payment s
and agreements to be made and performed by City, Contractor agrees to provid e
services as described in Exhibit A attached hereto and incorporated into this Agreement .
5 .2 .Tourism Marketing Plan .Contractor agrees to assist the City i n
achieving the major objectives set forth in the City's Tourism Marketing Plan .
5 .3 .Coordination of Efforts with other Contractors .In addition to
Contractor, the City has service agreements for its community promotions efforts with th e
San Luis Obispo County Visitors and Conference Bureau (VCB) for regional promotio n
and marketing services as well as with Barnett, Cox & Associates to provide advertisin g
services . Contractor acknowledges the potential for duplication of efforts and costs as a
result of these agreements with the City . To coordinate efforts, Contractor agrees t o
participate in monthly meetings of the Promotional Coordinating Committee's Marketin g
Subcommittee and provide a 60-day action plan at the meeting . In performing its service s
under this Agreement, the Contractor agrees to make every reasonable effort t o
coordinate activities and to identify and avoid duplication of costs associated with th e
Promotional Services, VCB, and advertising services agreements .
5 .4 Promotion of City Properties .Contractor agrees during its promotio n
of City and fulfillment of the terms of this Agreement that it shall promote all City of Sa n
Luis Obispo lodging properties, whether or not they are member of the San Luis Obisp o
Chamber of Commerce . Contractor acknowledges that this promotional effort coul d
require the production of separate materials to include non-member lodging properties o n
an information list and a link on the visitslo .com website to a list of non-membe r
properties .
6.GENERAL TERMS AND CONDITIONS .Contractor shall meet all genera l
terms and conditions as specified in Exhibit B .
7.INSURANCE.The Contractor shall procure and maintain for the duration o f
the Agreement insurance which meets the requirements of Exhibit C . As evidence of thi s
insurance, the Contractor shall provide the City with a Certificate of Insurance and a n
Endorsement naming the City as an "Additional Insured".
8.AMENDMENTS .Any amendment, modification, or variation from the term s
of this Agreement shall be in writing and shall be effective only upon approval by th e
Council of the City or the CAO, up to the authority granted to the CAO by Council .
9.INDEPENDENT CONTRACTOR .Notwithstanding any representations ,
oral or written, between the parties, including any and all agents or representatives
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thereof, Contractor at all times covered by the terms of this Agreement is acting as a fre e
and independent contractor, not as an agent of the City . Any and all supervision an d
direction by any City official, department or body shall be only that necessary to provid e
broad general outlines, and Contractor will use its own initiative and discretion i n
performing the details of work herein .
10.COMPLETE AGREEMENT .This written Agreement, including all writing s
specifically incorporated herein by reference, shall constitute the complete agreemen t
between the parties hereto . No oral agreement, understanding, or representation not
reduced to writing and specifically incorporated herein shall be of any force or effect, no r
shall any such oral agreement, understanding, or representation be binding upon th e
parties hereto .
11.NOTICE .All written notices to the parties hereto shall be sent by Unite d
States mail, postage prepaid by registered or certified mail addressed as follows :
City Cler k
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
Chamber of Commerc e
1039 Chorro Street
San Luis Obispo, CA 9340 1
Attn : Dave Gart h
12.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor d o
covenant that each individual executing this Agreement on behalf of each party is a
person duly authorized and empowered to execute agreements for such party .
IN WITNESS WHEREOF,the parties hereto have caused this instrument to b e
executed the day and year first above written .
ATTEST :CITY OF SAN LUIS OBISPO ,
A Municipal Corporatio n
City
Contractor
Dave Romero, Mayo r.:per,,/'
APPROVED AS TO FORM :CONTRACTO R
By :t -.
Dave Garth, President/CE O
San Luis Obispo Chamber of Commerc e
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EXHIBIT A
SCOPE OF WORK FOR PUBLIC RELATIONS SERVICE S
:f x c „6)fat ld,'~!:.,e ...cy ;1 A
1.Assist in implementing the City's Tourism Marketing Plan Goals and Objectives .
1 .1 . Maintain and develop strategic alliances with targeted community groups ,
including supporting partnership opportunities with the San Luis Obisp o
Vintners, Cal Poly, the Downtown Association, the Arts Community, and Park s
and Recreation through special events and marketing opportunities .
2.Use the City's Community Promotion's Brand,San Luis Obispo – Experience th e
SLO Life!in all materials and promote its use by the media .
3.Focus of Public Relations Effort s
3 .1 . Utilize targeted themes, for instance, the Great Outdoors,as an umbrella
"theme" for promoting hiking, mountain biking, golf, windsurfing, bird watching ,
and other activities that can easily be undertaken in the City . Identify an d
refine themes and public relations focus at monthly marketing meetings wit h
the Promotional Coordinating Committee's (PCC) Marketing Subcommittee .
3 .2 . Provide information to travel editors and assignment editors about local event s
such as : the Tour De California, the Plein Aire Festival, etc .
3 .3 . Target various niche interests including : car clubs, motorcycle clubs, golfers ,
seniors and snow birds, and writers specializing in these and other relevan t
special interests .
3 .4 . Continue to assist in achieving the Tourism Marketing Plan's goal o f
maintaining and improving upon strategic alliances by supporting specia l
events through the promotion of them to visitors and residents .
4.Media Relation s
4 .1 . Actively maintain and develop relationships with travel writers and editors .
Conduct ongoing outreach to key newspaper, magazine, guidebook, television ,
radio, online, and syndicated editors, writers and producers .
4 .2 . Target the following media markets : the Bay Area including San Jose, th e
Central Valley, Monterey County, the greater Phoenix Area, the Sacrament o
Region, Southern California, and Ventura and Santa Barbara Counties .
4 .3 . Make timely responses to media requests for information about the City .
4 .4 . Upon request, or in connection with a targeted story pitch (and when an articl e
is likely to result) serve as the primary host to coordinate accommodations ,
meals, meetings, tours and other personal services for visiting travel writers .
4 .5 . Attend and assist in the June 2006- Outdoor Travel Writers Conference hoste d
by the San Luis Obispo Visitors and Conference Bureau . Actively targe t
attending travel writers by arranging for one-on-one meetings (before, after o r
during the conference), prepare materials and "giveways", and utilize variou s
public relations tools to generate interest in articles on the City .
4 .6. Seek to achieve the following media relations goals :
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8/03/2005
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4 .6 .1 . 30 domestic press visits .
4 .6 .2 . Eight magazine articles focusing on the City or some niche travel relate d
aspect of the City in travel oriented and/or specialty publications identifie d
by the Contractor and PCC Marketing Subcommittee or by the A d
Contractor as a publication an ad is being placed in .
4 .6 .3 . 24 newspaper articles in target markets' newspapers such as : LA Times ,
San Jose Mercury News, and so forth that focus on the City, a specia l
event in the City, or some niche travel related aspect of the City a s
identified by the Contractor and PCC Marketing Subcommittee .
4 .6 .4 . 24 general media coverage in target markets (e .g . mention in Calendar o f
Events, planning materials, etc .).
4 .6 .5 . 12 articles or informational updates in electronic media including trave l
sites, electronic publications, etc .
4 .6 .6 . Two broadcast events in the target markets .
4 .6 .7 Identify the top 20 most frequently used California or Central Coast Guid e
Books to the PCC Marketing Subcommittee . Advocate for, and/or update
City coverage in those guide books to ensure that it is current an d
representative of the current Tourism Marketing Plan objectives .
Respond to specialty publication inquires to the Chamber and provid e
current factual information .
4 .7 Generate total media coverage for 2005-06 as follows : combined print medi a
circulation of twenty (20) million, total advertising equivalent of One Millio n
Dollars ($1,000,000), and broadcast coverage of a combined audience of two (2 )
million .
5 . Specific Public Relations Effort s
5 .1 . Develop story ideas to elicit coverage about the City and promote fresh stor y
ideas through press releases, destination updates, tourism trends and stor y
pitches . Possible ideas for 2005-06 could include : shopping in Downtown Sa n
Luis Obispo, hiking and biking in San Luis Obispo, Fall Arts events, San Lui s
Obispo Vintners and Growers wine events, local bike races, and other idea s
developed at the monthly meeting of the PCC Marketing Subcommittee .
5 .2 . Coordinate story pitches with the ad contractor and provide pitches to th e
media outlets the ad contractor advertises in during the time th e
advertisements are running .
5 .3 . Write and distribute a minimum of 12 press releases per year and fou r
quarterly What's New in San Luis Obispo targeted to the media .
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6.Maintain Informatio n
6 .1 . Maintain a computer mailing list of travel oriented media outlets (newspapers ,
magazines, radio, television stations, freelance writers, electronic medi a
sources, etc .) with a core group of contacts . Provide list to City upon request .
6 .2 . Update listings about the City in various publications, both print and electronic .
Seek out new publications for the City to be listed in .
6 .3 . Coordinate with the Chamber Visitors Center regarding an annual specia l
events calendar .
6 .4 . Develop and maintain a Press Room on the visitslo .com website . Include i n
the press room the following : general information about the City, contact
information, Frequently Asked Questions, story ideas, what's new, pres s
releases that are downloadable, articles about the City, and image gallery wit h
several high resolution images .
7.Monthly Reports . Monthly, by the first Wednesday, provide written reports on Publi c
Relations activities to the City's Economic Development Manager to be included i n
the PCC's meeting packets . At a minimum, the reports shall include :
7 .1 . Summary of media contacts during the reporting period .
7 .2 . Copies of press releases sent out during the reporting period ..
7 .3 . Summary of editorial and/or stories published during the reporting period an d
copies thereof. Include the publication, total circulation, column inch and tota l
valuation per the Gale Directory or other similar publicatio n
7 .4 . Summary of materials distributed during the reporting period .
7 .5 . Summary of strategic alliances supported during the reporting period .
7 .6 . Allocation of time for preceding month (reflecting time spent, employee an d
activity undertaken)
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Exhibit B
GENERAL TERMS AND CONDITION S
1 .Business Tax . Contractor must have a valid City of San Luis Obispo business tax certificat e
prior to execution of the contract . Additional information regarding the City's business ta x
program may be obtained by calling (805) 781-7134 .
2.Ability to Perform .Contractor warrants that it possesses, or has arranged through subcontracts ,
all capital and other equipment, labor, materials, and licenses necessary to carry out an d
complete the work hereunder in compliance with any and all federal, state, county, city, an d
special district laws, ordinances, and regulations .
3.Laws to be Observed .Contractor shall keep itself fully informed of and shall observe an d
comply with all applicable state and federal laws and county and City of San Luis Obisp o
ordinances, regulations and adopted codes during its performance of the work .
4.Payment of Taxes .The contract prices shall include full compensation for all taxes whic h
Contractor is required to pay .
5.Permits and Licenses .Contractor shall procure all permits and licenses, pay all charges an d
fees, and give all notices necessary .
6.Safety Provisions .Contractor shall conform to the rules and regulations pertaining to safet y
established by OSHA and the California Division of Industrial Safety .
7.Public and Employee Safety .Whenever Contractor's operations create a condition hazardous t o
the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and tak e
such other protective measures as are necessary to prevent accidents or damage or injury to th e
public and employees .
8.Preservation of City Property .Contractor shall provide and install suitable safeguards ,
approved by the City, to protect City property from injury or damage . If City property is injure d
or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's
expense . The facilities shall be replaced or restored to a condition as good as when th e
Contractor began work .
9.Immigration Act of 1986 .Contractor warrants on behalf of itself and all sub-contractor s
engaged for the performance of this work that only persons authorized to work in the Unite d
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable law s
shall be employed in the performance of the work hereunder .
10.Contractor Non-Discrimination .In the performance of this work, Contractor agrees that it wil l
not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination i n
employment of persons because of age, race, color, sex, national origin or ancestry, sexua l
orientation, or religion of such persons .
11.Work Delays .Should Contractor be obstructed or delayed in the work required to be don e
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes ,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, o r
labor due to federal government restrictions arising out of defense or war programs, then the tim e
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of completion may, at the City's sole option, be extended for such periods as may be agreed upo n
by the City and the Contractor .
12.Payment Terms .The City's payment terms are 30 days from the receipt of an original invoic e
and acceptance by the City of the services provided by Contractor (Net 30).
13.Inspection .Contractor shall furnish City with every reasonable opportunity for City to ascertai n
that the services of Contractor are being performed in accordance with the requirements an d
intentions of this contract . All work done and all materials furnished, if any, shall be subject t o
the City's inspection and approval . The inspection of such work shall not relieve Contractor o f
any of its obligations to fulfill its contract requirements .
14.Audit .The City shall have the option of inspecting and/or auditing all records and other writte n
materials used by Contractor in preparing its invoices to City as a condition precedent to an y
payment to Contractor .
15.Interests of Contractor .Contractor covenants that it presently has no interest, and shall no t
acquire any interest direct or indirect or otherwise, which would conflict in any manner or degre e
with the performance of the work hereunder . Contractor further covenants that, in th e
performance of this work, no sub-contractor or person having such an interest shall be employed .
Contractor certifies that no one who has or will have any financial interest in performing thi s
work is an officer or employee of the City . It is hereby expressly agreed that, in the performanc e
of the work hereunder, Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City .
16.Hold Harmless and Indemnification .Contractor agrees to defend,indemnify, protect an d
hold the City and its agents, officers and employees harmless from and against any and al l
claims asserted or liability established for damages or injuries to any person or property,
including injury to Contractor's employees, agents or officers which arise from or ar e
connected with or are caused or claimed to be caused by the acts or omissions of Contractor,
and its agents, officers or employees, in performing the work or services herein, and al l
expenses of investigating and defending against same;provided, however, that Contractor's
duty to indemnify and hold harmless shall not include any claims or liability arising from th e
established sole negligence or willful misconduct of the City, its agents, officers or employees .
17.Year 2000 Compliance .The Contractor warrants that the goods or services provided to th e
City, including those provided through subcontractors, are "Year 2000 compliant ." For the
purpose of this contract, "Year 2000 compliant" means that goods or services provided to th e
City will continue to fully function, fault-free, before, at and after the Year 2000, withou t
interruption or human intervention; and if applicable, any data outside of the date range 1990 -
1999, including leap years, will be correctly processed in any level of computer hardware o r
software, including, but not limited to, microcode, firmware, application programs, files and dat a
bases . This warranty supersedes all warranty disclaimers or limitations, and all limitations o n
liability, otherwise provided by the Contractor .
Upon request by the City, the Contractor will provide the City with a description of its Year 200 0
compliance strategy, or statement of why this is not relevant to contract performance .
18.Contract Assignment .Contractor shall not assign, transfer, convey or otherwise dispose of th e
contract, or its right, title or interest, or its power to execute such a contract to any individual o r
business entity of any kind without the previous written consent of the City .
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19 .Termination .If, during the term of the contract, the City determines that Contractor is no t
faithfully abiding by any term or condition contained herein, the City may notify Contractor i n
writing of such defect or failure to perform ; which notice must give Contractor a 10 (ten )
calendar day notice of time thereafter in which to perform said work or cure the deficiency .
If Contractor has not performed the work or cured the deficiency within the ten days specified i n
the notice, such shall constitute a breach of the contract and the City may terminate the contrac t
immediately by written notice to Contractor to said effect . Thereafter, neither party shall hav e
any further duties, obligations, responsibilities, or rights under the contract .
In said event, Contractor shall be entitled to the reasonable value of its services performed fro m
the beginning date in which the breach occurs up to the day it received the City's Notice o f
Termination, minus any offset from such payment representing the City's damages from suc h
breach . "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by Contractor as may be set forth in th e
Agreement payment schedule ; compensation for any other work, services or goods performed or
provided by Contractor shall be based solely on the City's assessment of the value of the work-in -
progress in completing the overall workscope .
The City reserves the right to delay any such payment until completion or confirme d
abandonment of the project, as may be determined in the City's sole discretion, so as to permit a
full and complete accounting of costs . In no event, however, shall Contractor be entitled t o
receive in excess of the compensation quoted in its proposal .
20.Ownership of Materials .All original drawings, plan documents and other materials prepare d
by or in possession of Contractor as part of the work or services under these specifications shal l
become the permanent property of the City, and shall be delivered to the City upon demand .
21.Release of Reports and Information .Any reports, information, data, or other material given
to, prepared by or assembled by Contractor as part of the work or services under these
specifications shall be the property of City, and shall not be made available to any individual o r
organization by Contractor without the prior written approval of the City .
22.Copies of Reports and Information .If the City requests additional copies of reports, drawings ,
specifications, or any other material in addition to what Contractor is required to furnish i n
limited quantities as part of the work or services under these specifications, Contractor shal l
provide such additional copies as are requested, and City shall compensate Contractor for th e
costs of duplicating of such copies at the Contractor's direct expense .
23.Attendance at Meetings and Hearings .As part of the work cope and included in the contrac t
price is attendance by the Contractor to public meetings to present and discuss its findings an d
recommendations . Contractor shall attend as many "working" meetings with staff as necessary i n
performing workscope tasks .
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Exhibit C
INSURANC E
Insurance .Contractor shall procure and maintain for the duration of the contract insurance against claim s
for injuries to persons or damages to property which may arise from or in connection with the performanc e
of the work hereunder by Contractor, its agents, representatives, employees, or sub-contractors .
a .Minimum scope of insurance .Coverage shall be at least as broad as :
•Insurance Services Office Commercial General Liability coverage (occurrenc e
form CG 0001).
•Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobil e
Liability, code 1 (any auto).
•Workers' Compensation insurance as required by the State of California an d
Employer's Liability Insurance .
•Errors and Omissions Liability insurance as appropriate to Contractor's profession .
Minimum limits of insurance .Contractor shall maintain limits no less than :
•General Liability : $1,000,000 per occurrence for bodily injury, personal injur y
and property damage . If Commercial General Liability or other form with a
general aggregate limit is used, either the general aggregate limit shall appl y
separately to this project/location or the general aggregate limit shall be twice th e
required occurrence limit.
•Automobile Liability : $1,000,000 per accident for bodily injury and propert y
damage.
•Employer's Liability : $1,000,000 per accident for bodily injury or disease .
•Errors and Omissions Liability : $1,000,000 per occurrence .
c.Deductibles and self-insured retentions .Any deductibles or self-insured retentions mus t
be declared to and approved by the City . At the option of the City, either : the insurer shal l
reduce or eliminate such deductibles or self-insured retentions as respects the City, it s
officers, officials, employees and volunteers ; or Contractor shall procure a bon d
guaranteeing payment of losses and related investigations, claim administration an d
defense expenses .
d.Other insurance provisions .The general liability and automobile liability policies are t o
contain, or be endorsed to contain, the following provisions :
•The City, its officers, officials, employees, agents and volunteers are to be covere d
as insureds as respects : liability arising out of activities performed by or on behal f
of Contractor ; products and completed operations of Contractor ; premises owned ,
occupied or used by Contractor; or automobiles owned, leased, hired or borrowe d
by Contractor . The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers, official, employees, agents o r
volunteers .
•For any claims related to this project, Contractor's insurance coverage shall b e
primary insurance as respects the City, its officers, officials, employees, agents an d
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volunteers . Any insurance or self-insurance maintained by the City, its officers ,
officials, employees, agents or volunteers shall be excess of Contractor's insuranc e
and shall not contribute with it .
•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 .
•Contractor's insurance shall apply separately to each insured against whom claim i s
made or suit is brought, except with respect to the limits of the insurer's liability .
•Each insurance policy required by this clause shall be endorsed to state tha t
coverage shall not be suspended, voided, canceled by either party, reduced i n
coverage or in limits except after thirty (30) days' prior written notice by certifie d
mail, return receipt requested, has been given to the City .
e.Acceptability of insurers.Insurance is to be placed with insurers with a current A .M .
Best's rating of no less than A :Vll.
f.Verification of coverage.Contractor shall furnish the City with a certificate of insuranc e
showing maintenance of the required insurance coverage . Original endorsements effectin g
general liability and automobile liability coverage required by this clause must also b e
provided. 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 Cit y
before work commences .-
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