HomeMy WebLinkAboutCity of Campbell - 2016 AgreementEQUIPMENT SHARING AGREEMENT
BETWEEN THE CITY OF GILROY AND THE CITY OF CAMPBELL
THIS AGREEMENT is entered into as of February J 2016, by and between the
City of Gilroy ( "Gilroy ") and the City of Campbell ( "Campbell") each a municipal
corporation within the State of California (collectively referred to as PARTIES).
RECITALS
A. The PARTIES are municipal corporations duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California, and their respective Municipal Codes.
B. Each PARTY has specialized equipment and Campbell is requesting to utilize
Gilroy's transport van from February 3, 2016 - February 7, 2016.
C. The PARTIES desire to enter into an Agreement to establish procedures to allow
the transport van to be shared and defining legal relationships and
responsibilities;
NOW, THEREFORE, it is mutually agreed by and between the PARTIES as follows:
1. PURPOSE.
a. The purpose of this Agreement is to create a system for the occasional sharing
of motor vehicles, equipment, and machinery (collectively referred to in this agreement
as "Equipment ") between the Parties for efficiency and effectiveness of operations.
b. Gilroy agrees to allow Campbell to utilize Gilroy's transport van from
February 3, 2016 - February 7, 2016. The equipment details are:
Vehicle Unit # 2304
2003 Ford E -250 Prisoner Transport Van
Color - White with Gilroy Police markings
License # 1105649
VIN # 1FTNS24L43HA79615
Asset #5009270121
Mileage out- -- 298,881
Equipment Sharing Agreement Between The City of Gilroy and The City of Campbell Page 1
2. TERM.
The term of this Agreement shall be for the sharing period of February 3, 2016 -
February 7, 2016.
3. SHARING PERIOD.
Storage During Sharing Period. During the Sharing Period, Borrower shall be
responsible for storing the Equipment in a reasonably safe and secure area.
4. EQUIPMENT USAGE.
a. Operator Qualifications. The Parties agree to permit Equipment to be used only
by properly trained, properly licensed and supervised operators. All drivers shall be
licensed and shall have a satisfactory driving record. All equipment operators shall be
properly trained and qualified to operate the Equipment shared under this Agreement.
Borrower shall make available to Provider upon request proof of training, licensing, and
qualifications of operator prior to release of Equipment.
b. Usage Requirements. Equipment shared under this agreement shall be used by
Borrower's employees to conduct official business. Borrowers shall use and operate
Equipment only for its intended purpose, in a careful manner and in compliance with
all requirements for operation and of any governmental authority having jurisdiction, if
applicable. Borrower shall not sublease or allow anyone other than Borrower's
employees to use Equipment shared under this Agreement.
c. Borrower Responsible for Charges and Fees. Borrower shall maintain
responsibility for paying all fines and other liens that might be incurred against
equipment shared under this Agreement, and shall hold the Provider harmless from
and against any and all fines, assessments, fees, charges, expenses, penalties and
forfeitures incurred in connection with the use of shared Equipment.
d. Fuel. Borrower shall be responsible for supplying all fuel used during the period
it borrows the Equipment. Provider shall ensure that the fuel tank(s) are full when
Borrower picks up the Equipment, and Borrower shall ensure that the fuel tank(s) are
full when it returns the Equipment to Provider.
e. Equipment Identification. Each User shall place a magnetic display with the
wording: "Equipment provided by Cooperative Agreement with other Public
Agencies."
Equipment sharing Agreement Between The City of Gilroy and The City of Campbell Page 2
5. EQUIPMENT DELIVERY AND PICKUP
a. Delivery /Pickup. Borrower shall be responsible for picking up and returning any
Equipment shared under this Agreement, unless Provider and Borrower mutually agree
to other arrangements. Equipment may be picked up and returned as mutually agreed
upon by both parties, however, the equipment must be returned within one day of the
sharing period at a time agreeable to both parties.
b. Notification. Borrower shall contact Provider at least two business days in
advance of the pick -up and delivery to confirm
c. Condition of Equipment. Provider shall ensure that any Equipment being shared
is serviced consistent with recognized industry standards prior to Borrower's pick -up.
d. Timely Return of Equipment. Borrower shall return Equipment to Provider no
later than one business day following conclusion of the share period.
e. Inspections. Providers sharing Equipment under this agreement certify that the
Equipment is in good repair and ready for the intended use. Equipment shared under
this Agreement shall be inspected by representatives of both Provider and Borrower at
the time of delivery/pickup and again at the time of turn -in. The inspections shall
include an examination of the tires on the Equipment, which the Parties must agree are
sound at the time Borrower picks up the Equipment, and which must have adequate
tread depth to ensure safe and legal operation during the share period. The results of
these inspections shall be documented on an Equipment Inspection Form and on a High
Wear Item Inspection Form as identified and provided in each Provider's Equipment
Catalog. Digital photographs of the equipment shall also be taken at the time of pickup
to ensure that any existing damage is documented appropriately.
f. Operations and Safety Manuals. Provider shall provide a copy of all Equipment
operation and safety manuals to Borrower at the time Equipment delivery.
6. CONTACT PERSON.
Each party agrees to appoint a person or persons to act as a liaison to serve as the
contact for the shared use, all inspections, and to otherwise facilitate the orderly and
efficient distribution of equipment sharing requests and related information. Contacts
by agency are as indicated below:
EE uigment SharingAereement Between The City of Gilroy and The City of Campbell Page 3
City of Gilroy: Pedro Espinoza, Police Captain
(408) 846 -0367
An
Frank Comin, Fleet Superintendent
(408) 846 -0287
City of Campbell: Gary Berg, Police Captain
(408) 866 -2779
7. MAINTENANCE AND REPAIR OF EQUIPMENT.
a. Borrower shall be responsible for performing all required maintenance during
the share period, such as fluid level checks, and daily pre -trip inspections.
b. Borrower shall be responsible for the following items during the share period:
(1) Tire repair and replacement of any damaged tires that cannot be safely
repaired;
(2) Replacement of any damaged or worn-out tools such as cutting edges and
bits;
(3) Replacement of any windows or windshields that are cracked or damaged;
(4) Minor repairs and adjustments required to keep the Equipment in safe
operating condition during the share period, including but not limited to
replacement of defective lighting or mirrors, adjustment of hinges or latches,
adding fluids to correct levels, and adding air to tires. If it is observed that
Equipment requires an excessive amount of minor repairs and adjustments as
described above, Borrower is to promptly notify Provider of specific issue prior to
utilizing Equipment.
c. Any repairs or replacements made by Borrower pursuant to the requirements of
this agreement shall be performed by qualified personnel; specifically, persons or
contractors employed by Borrower to maintain and repair Borrower's own fleet
equipment.
d. Notwithstanding anything contained herein to the contrary, Provider shall be
responsible for latent defects that may occur during the normal operation of Equipment
by borrower.
Equipment Sharing Agreement Between The City of Gilroy and The City of Campbell Page 4
e. In all cases, Borrower shall inform Provider prior to commencing any repairs
other than those defined as "minor' pursuant to section 8(b)(4) of this Agreement.
8. EQUIPMENT FAILURE NOT RESULTING FROM MISUSE OR FAILURE TO
PERFORM REQUIRED MAINTENANCE
a. Provider shall be responsible for the repair or replacement of Equipment when:
(1) Equipment fails during its normal operation, and;
(2) Equipment, is being used as intended by the manufacturer, and;
(3) Equipment has received all manufacturer required maintenance during its
use by the Borrower.
b. Borrower shall be responsible to reimburse Provider for the cost of repair or
replacement of Equipment when:
(1) Operating Equipment outside of its normal operation, or;
(2) Operating Equipment in a manner not intended by the manufacturer, or;
(3) Operating Equipment without performing required maintenance.
c. Except for minor repairs as defined in section 8(b)(4) of the agreement, the
Provider shall determine, in keeping with reasonable judgment, whether failed
equipment shall be repaired or replaced.
d. Borrower shall not claim damages from the Provider in the form of monetary,
lost efficiency or time or consequential damage as a result of equipment failure.
9. EQUIPMENT DAMAGE DUE TO ACCIDENTS.
a. Borrower Responsibility for Damage. Borrower shall be responsible for the cost
of repairing all damage to equipment incurred during the share period that is not
considered to. be normal wear and tear necessitated by misuse or negligent operation
and for the maintenance and /or replacement of high wear items identified in each
Provider's Equipment Catalog and as noted on each Provider's Equipment Inspection
Form. For purposes of this agreement, the following definitions shall apply:
(1) "Normal wear and tear" is defined as dents, dings, paint chips, or scratches
less than three inches in size, and interior wear such as soiled carpets and seats.
(2) "Excess wear and tear" is defined as dents, dings, paint chips or scratches
more than three inches in size, cracked or punctured bumpers, chipped or cracked
windshields, interior holes, burns, rips, tears or stains requiring heavy cleaning or
Equipment Sharing Agreement Between The City of Gilroy and The City of Campbell Page 5
replacement of fabric, interior damage such as gouged steering wheels or
dashboards, missing equipment, and any interior or exterior damage attributable to
collision, as well as mechanical repairs resulting from damage or negligence.
(3) "Total loss" is defined as the estimated cost to repair the Equipment is equal
to at least eighty percent of the retail market value of the Equipment prior to the
damage, as determined by an independent appraisal.
b. Notice to Provider. Borrower shall notify Provider immediately if Provider's
Equipment is involved in any accident during the share period. Borrower shall
promptly submit to Provider a written report of any accident that occurs in connection
with this Agreement, in a form acceptable to Provider, and shall cooperate with any
requests by Provider related to the accident. Borrower's report to provider must
include, at a minimum, the following information: (1) name and address of any person
injured or deceased, or the owner of any property that suffered damage as the result of
the accident; (2) name and address of Borrower's employee(s) involved in the accident;
(3) name and address of Borrower's liability insurance carrier, unless self - insured; and
(4) a detailed description of the accident. Borrower also agrees to take all reasonable
steps to preserve all evidence and information that may be relevant to the circumstances
surrounding a potential claim, and to allow Provider to review and inspect such
evidence and the scene of the accident.
c. Accident Damage Repair. Except as otherwise provided below, Borrower shall be
responsible for the cost of repairing all Equipment damage due to accidents. In cases
where equipment damage is caused by a third party and that party assumes
responsibility, Borrower shall arrange to have the equipment repaired and shall seek
reimbursement from the third party and /or that party's insurance carrier. Borrower
shall notify Provider prior to commencing any repairs, and Provider has the right to
accept or reject the repairs upon inspection.
d. Damage Due to Equipment Defect. Provider shall be responsible for the cost of
repairing all Equipment damage due to accidents caused by equipment defects.
e. Damage Resulting in Total Loss. In cases of equipment damage resulting in a
total loss, Borrower shall be responsible for covering the loss. Provider shall submit an
invoice to Borrower, equal to eighty percent of the current retail market value of the
Equipment prior to the damage as determined by an independent appraisal, for any
Equipment determined to be a total loss.
Equipment Sharing Agreement Between The City of Gilroy and The City of Campbell Page 6
In cases of Equipment damage resulting in a total loss caused by a third party
where that party assumes responsibility, Borrower shall seek reimbursement from the
other party's insurance carrier. If the reimbursement is greater than eighty percent of
the retail market value prior to the damage, Borrower shall give the entire amount of
the reimbursement to Provider.
Provider shall not be entitled to consequential damage for the loss of use of the
equipment due to accidental damage.
f. Damage from Excess Wear and Tear. At the time Borrower returns the Equipment
to Provider, the Parties shall make an assessment of any excess wear and tear as
provided in section 6(e) of this Agreement. If excess wear and tear damage exists, the
Provider shall submit an invoice to Borrower for the cost of the damage within thirty
(30) days of the Equipment return. The repair amount on the invoice shall be based on
actual costs as determined by agency labor rates /contract labor rates and for Equipment
parts purchased per each agency's procurement policy.
g. Stolen Equipment. Borrower shall assume responsibility if Provider's Equipment
is stolen while in Borrower's control, and shall pay Provider eighty percent of the retail
market value of the Equipment as determined by an independent appraisal. If stolen
equipment is recovered subsequent to the delivery of replacement equipment to
Provider, Provider may choose to give the recovered equipment to Borrower or refund
a portion of Borrower's payment, at Provider's discretion.
10. WARRANTY.
Provider is neither a manufacturer nor supplier of the Equipment and therefore
makes no warranties, express or implied, including, without limitation, the condition of
the equipment, its design, capacity, performance, construction, workmanship, or fitness
for any particular use. All Equipment is shared on an "as -is" basis. Provider shall not be
responsible or liable to Borrower for any loss, delay, or damage of any kind resulting
from defects in or accidental breakage of Equipment shared under this agreement.
11. INDEPENDENT CONTRACTOR.
Borrower is an independent contractor and shall not for any purpose be deemed to
be an employee, agent or other representative of Provider.
Equipment Sharing Agreement Between The City of Gilroy and The City of Campbell Page 7
12. ASSIGNMENT
The Parties shall not assign, sublet, transfer, or otherwise substitute their interests
in this Agreement, or any of their rights or obligations under this Agreement, without
the prior written consent of all other Parties.
13. INSURANCE.
During the term of this agreement, each party will keep in force, at its own expense,
insurance requirements as specified in Attachment A.
14. INDEMNIFICATION.
Each Party shall be solely responsible for its own acts and those of its employees
and officers under this Agreement. No Party shall be responsible or .liable for
consequential damages to another Party arising out of providing or using equipment,
services or labor under this Agreement.
Except as otherwise provided in this section, Borrower shall indemnify, defend,
and hold harmless Provider and its agents, officers, attorneys, employees, officials and
volunteers, to the fullest extent permitted by law from any and all claims, causes of
action, injuries, losses, liabilities, cost. (including reasonable defense costs and attorneys'
fees) or damages arising out of or related to, or alleged to arise out of or relate to the use
of the Equipment by the Borrower, except for any claims, causes of action, injuries,
losses, liabilities or damages proximately caused by the sole negligence, or willful
misconduct of Provider, or any latent defect in the Equipment.
Except as otherwise provided in this section, Provider shall indemnify, defend,
and hold harmless Borrower and its agents, officers, attorneys, employees, officials and
volunteers, to the fullest extent permitted by law from any and all claims, causes of
action, injuries, losses, liabilities, cost (including reasonable defense costs and attorneys'
fees) or damages proximately caused by the sole negligence, or willful misconduct of
Provider, or any latent defect in the Equipment.
Providers requiring that their personnel operate or assist in the operation of
equipment shall, hold harmless, indemnify and defend the Borrower, its officers, agents
and employees from all claims arising solely by reason of any negligent act by persons
designated by Provider to operate or assist in the operation of equipment.
Notwithstanding the above, the Borrower shall bear sole responsibility for ensuring that
Equipment Sharing Agreement Between The City of Gilroy and The City of Campbell Page 8
it has the authority to request the work and for any representations made to the
Provider regarding site conditions or other aspects of the project. The Providers of the
equipment shall adequately insure the equipment or provide self - insurance coverage.
The provisions of this section shall survive the termination of this Agreement,
and are intended to fully allocate the risk of all liability to third parties arising out of
this Agreement. No other rights of indemnity or contribution shall exist between the
parties in law or equity.
15. NOTICES.
All written notices under this Agreement shall be mailed to the addresses
indicated below:
To City of Gilroy: Pedro Espinoza, Police Captain
Gilroy Police Department
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
To City of Campbell: Gary Berg, Police Captain
Campbell Police Department
City of Campbell
70 North First Street
Campbell, CA 95008 -1436
16. TERMINATION.
Any Party may terminate this Agreement for any reason by giving thirty (30)
days prior written notice to all other Parties. In the event of such termination, all costs
incurred up to the date of termination shall be the responsibility of the User.
17. MISCELLANEOUS
a. Compliance with Law. The Parties shall comply with all laws, state or federal
and all ordinances, rules and regulations.
b. Governing Law. The laws of the state of California shall govern this
Agreement. In the event any legal action is commenced regarding this Lease, venue
shall be in Santa Clara County.
Equipment Sharing�Aereement Between The City of Gilroy and The City of CamAbell Page 9
c. Attorneys' Fees. If legal action is commenced to enforce or to declare the effect
of any provision of this Lease, the prevailing party shall be awarded attorneys' fees and
costs incurred by such party in the action.
d. Entire Agreement. This document comprises the entire and integrated
agreement of the parties concerning the lease of the Property and supersedes all prior
negotiations, representations, or agreements, either written or oral. Any amendments to
this document shall be effective only if in writing and signed by the City and Tenant.
e. Severability. If any term, provision, covenant or condition of this Agreement
is held by a court to be invalid, void or unenforceable, the rest of this Agreement shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
City of Gilroy
By:
J. dward Tewes
Title: City Administrator
City of
By:
Name:
Title:
Approved as to form:
�� r1 VMQj
City A -torney
Q. rney
Attest:
City er
EE Wpment Sharing Aveement Between The City of Gilroy and The City of Campbell Page 10
c. Attorneys' Fees. If legal action is commenced to enforce or to declare the effect
of any provision of this Lease, the prevailing party shall be awarded attorneys' fees and
costs incurred by such party in the action.
d. Entire Agreement. This document comprises the entire and integrated
agreement of the parties concerning the lease of the Property and supersedes all prior
negotiations, representations, or agreements, either written or oral. Any amendments to
this document shall be effective only if in writing and signed by the City and Tenant.
e, Severability. If any term, provision, covenant or condition of this Agreement
is held by a court to be invalid, void or unenforceable, the rest of this Agreement shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
City of Gilroy
By:
J. Edward Tewes
Title: City Administrator
City of
By:
Name:
Title:
Approved as to form:
1,
Attest:
City Clerk
I
1
F
� rney
Attest:
City er
Equipmen! $har nP.AgMement Rettyoen The City of Gilroy and The City of Cazipbcll Page 10
Attachment A
INSURANCE REQUIREMENTS FOR EQUIPMENT SHARING AGREEMENT
Each PARTY shall procure and maintain for the duration of the agreement insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the Equipment Sharing Agreement.
Minimum Insurance Required:
Commercial General Liability (CGL): Covering General Liability on an "occurrence"
basis, including products- completed operations, personal & advertising injury, with
limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the
general aggregate limit shall be twice the required occurrence limit ($4,000,000).
2. Automobile Liability: Covering all autos (owned, non -owned and hired automobiles),
with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory
Limits, and Employer's Liability (EL) Coverage with and EL limit of no less than
$1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity (PARTY), its officers, officials, employees, and volunteers are to be covered as
insureds on the General Liability policy with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations and for the Automobile liability policy
with respect to liability arising for automobiles owned, leased, hired or borrowed by or on
behalf of the contractor.
Primary Coverage
For any claims related to this contract, the insurance coverage provided shall be primary
insurance as respects the Entity (PARTY), its officers, officials, employees, and volunteers. Any
insurance or self - insurance maintained by the Entity (PARTY), its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except
after thirty (30) days' prior written notice (10 days for non - payment) has been given to the
Entity (PARTY).
Equipment Sharing Agreement Between The City of Gilroy and The City of Campbell Page 11
Waiver of Subrogation
Each Party hereby grants to Entity (PARTY) a waiver of any right to subrogation which any
insurer of said Party may acquire against the Entity (PARTY) by virtue of the payment of any
loss under such insurance. Each Party agrees to obtain any endorsement that may be necessary
to effect this waiver of subrogation, but this provision applies regardless of whether or not the
Entity has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self - Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by the Entity
(PARTY). The Entity (PARTY) may require the Party to purchase coverage with a lower
deductible or retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AXII,
unless otherwise acceptable to the Entity.
Verification of Coverage
Party shall furnish the Entity (PARTY) with original certificates and amendatory endorsements
or copies of the applicable policy language effecting coverage required by this clause. All
certificates and endorsements are to be received and approved by the Entity (PARTY) before
work commences. However, failure to obtain the required documents prior to the work
beginning shall not waive the party's obligation to provide them. The Entity (PARTY) reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Special Risks or Circumstances
Entity (PARTY) reserves the right to modify these requirements, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Equipment Sharing Agreement Between The City of Gilroy and The City, of Campbell Page 12
OABAG PLAN Corporation
ISSUE DATE (MM/DD/YY)
CERTIFICATE OF COVERAGE
2/3/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
BROKER• Alliant Insurance Service, Inc.
.
NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,
100 Pine Street, 11th Floor
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco, CA 94111
415/403 -1400
COMPANIES AFFORDING COVERAGE
PROVIDER: ABAG PLAN CORPORATION
COMPANY
A ABAG PLAN Corporation
P. O. BOX 2050
COMPANY
OAKLAND, CA 94604 -2050
B Ins. Co. of the State of Pennsylvania
510/464 -7969
COMPANY
C National Casualty Company (Civic Risk)
C_ overed Party: Campbell
70 North First Street
COMPANY
D Lexington Insurance Company
Campbell, CA 95008
COMPANY
THIS IS TO CERTIFY THAT COVERAGE AGREEMENTS LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY
REQUMEMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS'. CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENTS.
POLICY
POLICY
LIABILITY LIMIT
EACH
CO
TYPE OF COVERAGE
POLICY NUMBER
EFFECTIVE
EXPIRATION
LTR
DATE
DATE
OCCURRENCE
AGGREGATE
A GENERAL LIABILITY
GAL 2015 -16
7/01/2015
7/01/2016
Combined
$5,000,000
_ T
X' COMPREHENSIVE FORM
Single
Limit
PRODUCT/
X
(CSL)
COMPLETED OPERATIONS
X PREMISES/ OPERATIONS
UNDERGROUND EXPLOSION
X & COLLAPSE HAZARD
CONTRACTUAL
BROAD FORM
X PROPERTY DAMAGE
A
AUTOMOBILE LIABILITY
GAL 2015 -16
7/01/2015
7/01/2016
Combined
$5,000,000
Single
X
ANY AUTO
Limit
X
ALL OWNED AUTO
(CSL)
X
RENTAL / LEASE AUTO
X
I NON- OWNED AUTOS
GARAGE LIABILITY
B
Excess General & Auto Liability
Public Official's E &O
6907982
7/01/2015
7/01/2016
CSL
$10,000,000
$10,000,000
C
XC00000464
7/01/2015_
7/01/2016
CSL
$15,000,000
$15,000,000
D
PROPERTY INSURANCE
017471589
7/01/2015
7/01/2016
CSL
$ 25,000,000
X
PROPERTY / SPECIAL FORM
PROPERTY
(per schedide)
BOILER &
MACH
$25,000,000
X
BOILER & MACHINERY
DESCRIPTION: General liability includes Personal Injury and Public Officials' Errors and Omissions Liability. This Certificate is issued as proof
the above -named Covered Party is an active member and in good standing with coverage as indicated above.
CERTIFICATE HOLDER CANCELLATION
Attention: LeeAnna McPhillips Human Resources Director / Risk
7351 Rosanna Street
Gilroy CA
95020
SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENTS BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE PROVIDER/PROVIDEE WILL ENDEAVOR TO MAIL.
30-DAY WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
HOWEVER, FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
James Hill, PLAN Risk Manager
Administered by the OAssociation of Bay Area Governments
ASSOCIATION OF BAY AREA GOVERNMENTS
OABAG PLAN Corporation
P.O. Box 2050
Oakland, California 94604 -2050
(510) 464 -7969
ADDITIONAL COVERED PARTY ENDORSEMENT
THIS ENDORSEMENT CHANGES THE CONTRACT
Please read it carefully!
Endorsement Effective: 2/3/16 to 2/8/16
Entity: Campbell
Additional Covered Party:
The City of Gilroy, it's officers, officials, employees, agents, and volunteers are named Additionally Insured under the
General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the entity
including materials, parts or equipment furnished in connection with such work or operations and for the Automobile
liability policy with respect to liability arising for automobiles owned, leased, hired or borrowed by the entity.
Description of Operations or Facilities:
For the City of Campbell borrowing the City of Gilroy's Transport Van for the dates of 2/3/16 through 2/8/16:
ASSOCIATION OF BAY AREA GOVERNMENTS
OABAG PLAN Corporation
P.O. Box 2050
Oakland, California 94604 -2050
(510) 464 -7969
The definition of Covered Party is amended to include any person or organization the Entity is contractually obligated to include
as an additional insured, and for which a Certificate of Coverage has been issued and is on file with ABAG PLAN Corp., with
respect to Bodily Injury, Personal Injury and Property Damage arising out of the Entity's operations or premises owned by or
rented to the Entity or Entity's use of automobiles owned or rented by Entity. The coverage provided to the additional Covered
Party does not apply to any liability occurring after those operations or use of premises have ceased. Coverage applies only to
the vicarious liability of the additional Covered Party for operations or services described in the contract with the Entity. No
coverage applies to liability arising from the sole negligence of the additional Covered Party.
The inclusion of more than one Covered Party under this policy shall not operate to impair the rights of one Covered Party
against another Covered Party and the coverages afforded by this policy shall apply as though separate policies had been issued
to each Covered Party. The inclusion of more than one Covered Party shall not, however, operate to increase the limit of ABAG
PLAN Corp.'s liability. A Certificate Holder shall not, by reason of their inclusion under this policy, incur liability for payment
of premium for this policy.
If required by contract, any insurance carried by an additional Covered Party which may be applicable shall be deemed excess
and the Entity's coverage primary notwithstanding any conflicting provisions in the Entity's policy to the contrary. The limit of
coverage for the additional Covered Party is the minimum amount required by contract or $5 million, whichever is less.
In the event of cancellation of the Entity's coverage, we agree to mail thirty (30) days (ten [10] days for non - payment of
premium) advance notice of such cancellation to each Additional Covered Party per certificates on file with ABAG PLAN
Corporation.
All other terms and conditions in the policy remain unchanged.
Authorized Signature:
James Hill, PLAN Risk Manager
OABAG PLAN Corporation
Date: 2/3/2016