HomeMy WebLinkAboutPW Indemnity Agreement; Traffic Signal Safety Improvement ProjectINDEMNITY AGREEMENT
COUNTY OF MARIN AND CITY OF SAN RAFAEL
JOINT CYCLE 9 HIGHWAY SAFETY IMPROVEMENT PROGRAM
SIGNALIZED INTERSECTION IMPROVEMENT PROJECT
WHEREAS, City of San Rafael (hereinafter "City") has requested to participate in the Countywide
Traffic Signal Safety Improvement Project ("Project") that is being administered by the County of Marin
(hereinafter "County");
WHEREAS, third -party funding for APS equipment has been made available to the County;
WHEREAS, Town/City identified intersections at which it requested the County to install APS
equipment (hereinafter "Improvement");
WHEREAS, Town/City reviewed the Project plans and authorized an official on behalf of the
Town/City to sign the plans for acceptance of the design within the jurisdiction of the Town/City;
WHEREAS, Town/City understands and agrees that Town/City is responsible for determining
whether accessibility enhancements are required at each intersection within its jurisdiction and making
any necessary enhancements;
WHEREAS, Town/City desires to have the County install the Improvements and will through this
Agreement indemnify the County for any claims related to the Improvements or accessibility
requirements at the intersections within Town/City's jurisdiction as set forth in this Agreement.
NOW, THEREFORE, in consideration for the benefit conferred upon Town/City by County's installation of
the APS equipment, it is hereby agreed by Town/City that:
1. Town/City shall indemnify, defend, and hold harmless County, its officers, officials,
employees and volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every
nature arising out of or in connection with the Improvement, excepting claims that are the direct result
of willful misconduct of the County. Town/City understands that this indemnification including any and
all third -party claims related to accessibility requirements at the identified intersections.
2. This Agreement shall be construed in accordance with the laws of the State of California
and the parties hereto agree that venue shall be in Marin County, California.
CITY OF SAN RAFAEL
Jan 17, 2024
By: Date: X44
City Representative
Page 1 of 2
ATTEST:
Emma Nwwff�ok)
By: Brenn; ^lurmi for iFeb 7. 2024 12.01 PS
City Clerk
APPROVED AS TO FORM:
Attorney for the City/Town
Page 2 of 2
HSIP APS Indemnity Agreement
Final Audit Report 2024-02-07
Created: 2024-01-17
By: Jonathan Schellin gonathans@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAUkIEQBZMMiSC9UXziGMrQ ohOvPSPVx1
"HSIP APS Indemnity Agreement" History
Document created by Jonathan Schellin Qonathans@cityofsanrafael.org)
2024-01-17 - 5:41:00 PM GMT
Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature
2024-01-17 - 5:41:39 PM GMT
Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org)
2024-01-17 - 5:42:21 PM GMT
d Document e-signed by Genevieve Coyle(genevieve.coyle@cityofsanrafael.org)
Signature Date: 2024-01-17 - 5:42:57 PM GMT - Time Source: server
Document emailed to APRIL MILLER (April.Miller@cityofsanrafael.org) for signature
2024-01-17 - 5:42:58 PM GMT
Email viewed by APRIL MILLER (April.Miller@cityofsanrafael.org)
2024-01-17 - 5:56:06 PM GMT
&0 Document e-signed by APRIL MILLER (April.Miller@cityofsanrafael.org)
Signature Date: 2024-01-17 - 5:56:22 PM GMT - Time Source: server
Document emailed to lindsay.lara@cityofsanrafael.org for signature
2024-01-17 - 5:56:23 PM GMT
Jonathan Schellin Oonathans@cityofsanrafael.org) added alternate signer City Clerk
(city. clerk@cityofsanrafael. org). The original signer lindsay.lara@cityofsanrafael.org can still sign.
2024-02-07 - 7:55:44 PM GMT
Document emailed to City Clerk (city.clerk@cityofsanrafael.org) for signature
2024-02-07 - 7:55:44 PM GMT
Email viewed by City Clerk(city.clerk@cityofsanrafael.org)
2024-02-07 - 8:00:39 PM GMT
�IR�by
SAN RAFAEL Adobe
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Signer City Clerk (city.clerk@cityofsanrafael.org) entered name at signing as Brenna Nurmi (for)
2024-02-07 - 8:01:16 PM GMT
Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org)
Signature Date: 2024-02-07 - 8:01:18 PM GMT - Time Source: server
Agreement completed.
2024-02-07 - 8:01:18 PM GMT
SAN RAFAEL I P--d by
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