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CM Temporary Parking of FD VehiclesDecember 13, 2016 Jim Schultz City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 GOLDEN GATE i3 QGE 'HIGHWAY & IItANSPORIANO.\ DISI MCI RE: LETTER AGREEMENT BETWEEN GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT AND THE CITY OF SAN RAFAEL FOR TEMPORARY PARKING OF FIRE DEPARTMENT VEHICLES This Letter Agreement dated December 13, 2016 between the Golden Gate Bridge, Highway, and Transportation District (District) and the City of San Rafael (City) is entered into to allow the City to temporarily park its Fire Department vehicles on District's San Rafael Administration and Bus Facility property, which is located at 1011 Andersen Drive, San Rafael, CA (Premises). The City has requested, and District is willing to grant, use of a portion of the Premises to park Fire Department vehicles during the remodeling and reconstruction of the City's Fire Stations. The portion of the San Rafael Administration and Bus Facility to be used to park Fire Department vehicles is depicted on the attached exhibit. The term of this Letter Agreement shall commence immediately upon execution of this Agreement and shall continue until it is terminated by either party by providing thirty (30) days' written notice. If not terminated prior, this Letter Agreement will terminate on December 31, 2017. In using District's property for temporary parking of Fire Department vehicles, City shall assume all risk of damage to the Fire Department vehicles when parked on District's property and any injury to persons upon the Premises associated with parking its vehicles, driving its vehicles on or off the property and access to its vehicles as allowed under the terms of this Letter Agreement, except for any damage or injury caused solely by the active negligence or willfid misconduct of the District. City waives all claims, demands and lawsuits and releases the District from any and all liability City may have against District concerning the Fire Department vehicles parked on the Premises or City's use of said Premises. City shall release, defend, indemnify, keep and save harmless District, and its directors, officers, employees and agents ( collectively, "Indemnitees") from and against any and all liability, suits, claims or actions arising out of any injury or injuries to, or death or deaths of, persons or property that may occur, or that may be alleged to have occurred, from any cause or causes whatsoever, while in, upon, about, or in any way connected with the use of the Premises by City, its agents, employees, contractors, subcontractors or invitees. Provided, however, that the foregoing shall not apply to any claims for loss, damage, injury or liability caused solely by the gross negligence or willful misconduct on the part of District, its employees, agents or representatives. City further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection BOX 9000, PRESIDIO STATION • SAN FRANCISCO, CA 94129-0601 //1 - -1- 4 9 3 -sr therewith, and if any judgment be rendered against the District or any of the other individuals enumerated above in any such action, City shall, at its expense, satisfy and discharge the same. This indemnity shall survive the termination of this Agreement. City shall provide to District a revision to the attached Certificate of Insurance, which was provided for the License Agreement entered into between the parties for the purposes of parking a mobile command trailer/modular, as well as conducting occasional San Rafael Police Department (SRPD) motorcycle drivers training exercises. The revised Certificate of Insurance will cover the temporary parking of Fire Department vehicles under this Letter Agreement and will be provided to the District prior to the initiation of Fire Department vehicle parking under the terms of this Letter Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written. GOLDEN GATE BRIDGE, HIGHWAY, AND TRANSPORTATION DISTRICT By: J. DENIS J lblitl LIGAN GENERAL MANAGER Date: Appro%cel a�, Form: _,_— C Legal Counsel for District Cl FY6HUTZ AN FA L By: - CANAGER Date: 11,116-16 Approved as to Form: Robert F. Epstein, City Attorney ATTEST: Esther C. Beirne, City Clerk INSURANCE REQUIREMENTS FOR LETTER AGREEMENT BETWEEN GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT AND THE CITY OF SAN RAFAEL FOR TEMPORARY PARKING OF FIRE DEPARTMENT VEHICLES Insurance Requirements (a) Workers' Compensation. City shall procure and maintain at all times during the term of this Agreement Workers' Compensation Insurance and Employers' Liability Insurance in conformance with the laws of the State of California. Employers' Liability Insurance shall have coverage for a minimum of One Million Dollars ($1,000,000) per accident covering Licensee's employees engaged in work. City shall insure the procurement and maintenance of such insurance by all contractors or subcontractors engaged by City in work allowed under this Agreement. Prior to commencement of the term of the Letter Agreement, City shall deliver to District a Certificate of Insurance which shall stipulate that thirty (30) days advance written notice of cancellation, non -renewal or reduction in limits shall be given to District. (b) Personal Iniury and Propertv Damaae Liabilitv Insurance. City shall also procure and maintain at all times during the term of this Agreement Personal Injury and Property Damage Liability Insurance and Automobile insurance covering Licensee and District for any liability arising out of the use of, or occurring in, on, or about the Premises. The policy(ies) shall include coverage for all vehicles, licensed or unlicensed, on or off the Premises, used by or on behalf of Licensee during the term of this Agreement. The policy(ies) shall be subject to a limit for each occurrence of Five Million Dollars ($5,000,000) naming as additional insureds the District and its directors, officers, employees and agents. The Insurer(s) shall agree that its policy(ies) is Primary Insurance and that it shall be liable for the full amount of any loss up to and including the total limit of liability without right of contribution from any other insurance covering District. Inclusion of District as an additional insured shall not in any way affect its rights as respects to any claim, demand, suit or judgment made, brought or recovered against Licensee. Said policy shall protect City and District in the same manner as though a separate policy had been issued to each; but nothing in said policy shall operate to increase the Insurer's liability as set forth in the policy beyond the amount or amounts shown or to which the Insurer would have been liable if only one interest had been named as an insured. (c) Insurance Certificates. Prior to commencement of the term of the Agreement and prior to entering onto Premises, City shall deliver to District a Certificate of Insurance evidencing the required coverage and endorsement(s) and upon request, a certified duplicate original of any of these policies. Said endorsements and Certificate (s) of Insurance shall stipulate: i. The insurance company(s) issuing such policy(ies) shall give written notice to District of any material alteration, cancellation, non -renewal, or reduction in aggregate limits, if such limits apply, and provide at least thirty (30) days notice of cancellation. ii. That the policy (ies) is Primary Insurance and the insurance company(ies) providing such policies shall be liable thereunder for the full amount of any loss or claim which City is liable for under Section 7, up to and including the total amount of liability, without the right of contribution from any other insurance effected or which may be effected by the Insureds. iii. The insurance policy (ies) shall be written by an insurance company or companies acceptable to the District. Such insurance company shall be authorized to transact business in the state of California. iv. City's contractors and subcontractors must meet the insurance requirement stated above. (d) Riaht of Self Insurance. Upon District's review and approval and upon proof of adequately funded reserves either through a shared pool of reserves or through its own reserves, City shall have the right to self -insure the above require coverages. City must provide District with a certificate naming the District as outlined above and evidencing self insurance and evidence of the existence of sufficient reserves to fund the coverage levels required under this Letter Agreement. PREMISES San Rafael Fire Department Access Plan Air f _ -7..Y � 1XIVO .. Enter main access gate from Andersen Drive during regular business hours, 8am to 5pm (except in cases of an emergency). Drive straight towards the rear fence (highway 580) and turn right just past the first shop building in the center of the yard (fuel island). Continue towards perimeter fence and park to the left of the portable garage in which two antique buses are stored. Check in with the shop foreman by entering the main shop through the doors near the green box shown in the picture. After concluding your business at the vehicle, check out with the shop foreman when leaving. We will assume the vehicle is remaining on site unless you tell us otherwise. CERTIFICATE OF INSURANCE CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY Accredited soieb Excellence from the California Association of Joint Powers Authorities CERTIFICATE OF COVERAGE Certificate Holder and Additional Covered Party: Golden Gate Bridge, Highway and Transportation District, and its directors, officers, employees and agents 1011 Andersen Drive San Rafael, CA 94901-5318 Attn: Norma Jellison, Manager of Real Estate This certifies that the coverage Described herein has been issued to: City of San Rafael Description of Activity: Letter Agreement dated 12/13/16 to allow the City to temporarily park its Fire Department vehicles on GGBH&TD's San Rafael Administration and Bus Facility property at 1011 Andersen Drive Date(s) of Activity: December 16, 2016 to December 31, 2017 Location of Activity: 1011 Andersen Drive San Rafael, CA Entity Providing Coverage Excess Coverage Certificate Expiration Date California Joint Powers Risk Management Authority $4,500,000 June 30, 2017 excess of $500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: general liability and automobile liability -pooled self-insurance, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. Dece er 15. 2016 Date V• thorized Signature Certificate Number: 2016-2017-COC453 Form C David J. Clovis. ARM. General Manaeer Name and Title (Print or type) 3201 Doolan Road, Suite 285 * Livermore, CA 94551 • Phone (925) 837-0667 • FAX (925) 290-1543 r CITY Of MAYOR GARY O PHILLIPS ' •;,j A -. f ,� r VICE MAYOR KATE COLIN • • i; ii,l•iiY�li� COUNCILMENIBER MARIBETH BUSHEY COUNCILMEMBFR JOHN GA\IBLI\ Nu"""'t�it, COLNCILAIEAIBER ANDREW CUYUGAN MC'CULL000H ;I OFFICE 017111 CITY A'l-1'ORNEY Roberl F Epstein, City Attorney Lisa A Goldlien, Assistant City Attorney Ei ie T Davis, Deputy City Attomey I I November 9, 2016 Golden Gate Bridge, Highway & Transportation District 101 1 Andersen Drive San Rafael, CA 94901-53 18 Attention: Norma Jellison, Manager of Real Estate Services and Property Development Re: License Agreement By and Between Golden Gate Bridge, Highway and Transportation District and the City of San Rafael, Dated October I, 2014 Dear Ms, Jellison: The City of San Rafael, as permitted under State law, is self-insured for general liability, including automobile liability, for the first $500,000. Accordingly, the City does not have a commercially issued general liability insurance policy. Additionally, the City participates in a public entity excess liability pool for additional liability coverage in excess of $500,000. The pool, the California Joint Powers Risk Management Authority (CJPRMA) provides the City's excess coverage under a Memorandum of Coverage. Enclosed is a copy of the Certificate of Coverage showing Golden Gate Bridge, I hallway and Transportation District and its directors, officers, employees and agents named as additional covered parties. With respect to Worker's Compensation liability, the City is sell -insured for the first $1,000,000 and has a separate excess liability policy from Safety National Casualty Corporation, as detailed on the enclosed copy of the City of San Ratael's Certificate for Specific Excess Workers' Compensation and Employers' Liability insurance. Because it is a local governmental agency existing in the State of California, and because it is entitled to self -insure under the Government Code, the City assumes that this letter -will satisfy the insurance requirements of the above -referenced License Agreement between Golden Gate Bridge, Highway and Transportation District and the City of San Rafael. Please call the City Attorney's Office at 415-485-3080 should you have any questions regarding insurance. V •Illy }slurs. LISA A. GOLDFIIit Assistant City Attorney Enclosures cc: Chief Diana Bishop, SRPD Richard Hibbs, GGBH&TD Director of Bus Operations David J. Miller, Esq., Hanson Bridgett LLP 1400 Fifth Avenue (P O Bos 151560) San Rafael, CA 94915-1560 PHONE-: (415)485-3080 / FAX (415)485-3109 / EMAIL" city.iutonleyc)eilyolsaurarael.org f% CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY ]. ceredited with Esceflewca from the California Ass oclation of Joint Powers Authorities CERTIFICATE OF COVERAGE Certificate Holder and Additional Covered Party: Gnlden Gate Bridge, Highway and Transportation District and its directors, officers, employees and agents 1011 Andersen Drive San Rafael, CA 94901-5318 Attn: Norma Jellison, Manager of Real Estate This certifies that the coverage Described herein has been issued to: City of San Rafael Description of Activity: License Agreement dated October 1, 2014 - Parking a mobile command trailerimodular and conducting occasional San Rafael Police Department motorcycle driver training exercises on a portion of the San Rafael Administration and Bus Facility property located m San Rafael Date(s) of Activity: October 01, 2016 to June 30, 2017 Location of Activity: 1011 Andersen Drive San Rafael, CA _.—............ Entity Providing Coverage Excess Coverage Certificate Expiration Date California Joint Powers Risk Management Authority _ $4, 0 exccessess of June 30, 2017 o $500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority: general liability and automobile liability pooled self-insurance, as dcflned in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limitctl to the activity and the time period indicated herein and is subject to all the terms, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section 11, suhsectimr 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. eunber 07.21116 1 • r Authorized Signature Certificate Number. 2016-?017-COC1418 Form C David .1. Clovis, ARM, General Ntanat:er Name and Title (Print or type) 3201 Doolan Road, Suite 285 • Livermore, CGS 94551 • Phone (925) 837-06fi7 • FAX (925) 290.1543 4iiik ti 1 1 • 1 A member of the Tokio Marine Group CERTIFICATE OF INSURANCE 1832 Schuetz Road St Louis MO 63146-3540 Telephone (888) 995-5300 (314) 995-5300 Fax (314) 995-3843 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY LISTED BELOW. NAME AND ADDRESS OF CERTIFICATE HOLDER. California Department of Industrial Relations Ms. Jamie L. Meyers Office of Self -Insurance Plans 11050 Olson Drive Suite 230 Rancho Cordova, CA 95670-5600 This is to certify that the policy of insurance listed below has been issued to the insured named below and is in force at this time. Notwithstanding any requirement, term or condition of any contract or any other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Should any of the policy described herein be canceled before expiration date thereof the CORPORATION will endeavor to mail sixty (60) days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the CORPORATION. NAME INSURED EMPLOYER CITY OF SAN RAFAEL ADDRESS: 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 POLICY NUMBER: SP 4054929 TYPE OF INSURANCE: Specific Excess Workers' Compensation and Employers' Liability Insurance LOCATION(S): CALIFORNIA POLICY LIABILITY PERIOD: July 01, 2016 through July 01, 2018 POLICY PAYROLL REPORTING PERIOD: July 01, 2016 through July 01, 2017 Self -Insured Retention Per Occurrence $ 1,000,000 Maximum Limit of Indemnity Per Occurrence Statutory Employers' Liability Maximum Limit of Indemnity Per Occurrence and Aggregate $ 2,000,000 SAFETY NATIONAL CASUALTY CORPORATION />� Z,��ik By: Seth A. Smith Senior Vice President Workers' Compensation Underwriting Date, May 25, 2016 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Chris Gray Extension: 3084 Contractor Name: GGBH&TD Contractor's Contact: Norma Jellison Contact's Email: njellison@goldengate.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A 12/13/2016 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 12/14/2016 and return to Project Manager N/A ® ETD b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to 12/15/2016 contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ®' N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval Click here to enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 12/15/16 ETD Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed 12/15/16 ETD agreement 7 City Attorney Review and approve insurance in PINS, and bonds N/A ETD (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official t//`N 9 City Clerk Attest signatures, retains original agreement and f forwards copies to Project Manager 1'2 (,& —t` -2&