HomeMy WebLinkAboutDesign Space Modular Buildings - Equipment Lease Agreement (2019)mine --
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RETURN EQUIPMENT TO DESIGN SPACE:
2725 Fitzgerald Dr.
Dixon, CA 95620
Phone: 707-678-6100
Fax: 707-678-6111
LEASE AGREEMENT NO: V002893
CUSTOMER NUMBER:
CUSTOMER PO/REF. NUMBER:
Equipment Located At Contact
7351 Church St. Name: Jennifer Fortino
Gilroy, 95020 (Phone: 408 846 0371
E-mail:
(Zip Code Required)
DESIGN SPACE MODULAR BUILDINGS PNW, LP. (Lessor) hereby leases the equipment specified below (the "Equipment") to:
Lessee Name (Customer) & Address
City of Gilroy Fire Department
7070 Chestnut St.
Gilroy, CA 95020
Billing Contact:
Customer hereby leases Equipment from Lessor for a minimum period 12 months (the "Minimum Lease Period") from the start of the lease
term in accordance with the terms and conditions of this Lease Agreement including the terms and conditions set forth on the attached page (this
"Lease"). Rental month is defined as a thirty -day period. Customer agrees to pay Lessor without demand and in advance the monthly rental
and other charges on the due dates set forth in this Lease. The anticipated delivery date for the Equipment, subject to Section 3(c) on the attached
will be on or about: 10/21/2019 .
Unit No. I Serial No. I Width I Length Monthly Weekly Daily Insurance Value
24
ONE TIME CHARGES
Billed at Time of Delivery
• DELIVERY
• SET-UP / BLOCK & LEVEL
• TIEDOWNS / ANCHORS` QTY:
• SKIRTING* FT:
• RAMP INSTALLATION"
• TRAVEL AND MOBILIZATION
• MODIFICATIONS`
• MANIFOLD TO ONE POINT OF CONNECTION*
Billed at Time of Return "
• RETURN DELIVERY
• DISMANTLE/TEARDOWN
• REMOVE TIEDOWNS/SKIRTING
• DE -CUSTOMIZATION
• RAMP REMOVAL
" Billed at current rate at Termination
60 I $1,560.00 1 $520.00 I $104.00 I $
125,890.00
AMOUNT MONTHLY CHARGES
AMOUNT
BUILDING(S)
$1,560.00
$2,600.00 ADA RAMP"
$295.00
$2,100.00
$1,360.00
$2,520.00 STEPS " QUANTITY: I 1
INCLUDED
$1, 250.00 I
$1, 650.00
$14,980.00 * TAXABLE ITEMS
$2,660.00
$2,600.00
$2,300.00
$990.00
$2,800.00
$1,250.00
Advance Payments Description of Charges I Payment to be Applied
Applied to 1,,Invoice(s)
Applied to Final Invoice(s)
TOTAL MONTHLY (Excl Tax) $1,855.00
DOH/DMV/PPT Tax` $26.06
Amount
No agent, employee or representative of Lessor has any authority to make any representation or warranty concerning the Equipment that is not
specifically included in this Lease. Unless specifically identified in this Lease, this Lease supersedes all prior negotiations, proposals and documents.
This Lease will not be subject to any additional provision that may be contained in the Customer's purchase order, although the parties may use
Customer's purchase order number as a convenient reference for invoicing purposes. Steps not returned are billed at $687.00/each. Keys not
returned are billed at $50.00/each.
Signed by duly authorized agents, with the intent to be legally bound, this , `I day of _`U A G_ 2019
By: By: �ISTTO�M
� DESIGN SPACE MODULAR BUILDINGS. R�F2 /� THORIZED AGENT
�( Name: Name: ' I Y� l-- \ %J , LET
SALES REPRESENTATIVE - (Please print)
01^
� ` _1 � (3 1L,1�VY
.: TwwyA FeF COLe-F
Page I of 6
TERMS AND CONDITIONS OF LEASE AGREEMENT
1. LEASE
This transaction is a lease and not a sale. Customer does not acquire through this Lease or by payment of rental under this Lease any right, title or interest in or to the
Equipment, except the right to possess and use the Equipment so long as Customer is not in default under this Lease.
2. RENTAL AND OTHER PAYMENTS
(a) The start of the lease term is the date on which Lessor substantially completes its scope of work for installation, unless otherwise agreed to among the parties.
Monthly rental will accrue through and including the month in which the later of the Return Date or End of the Term occurs. The "Return Date" is the date on which
the Equipment is returned to Lessor in accordance with the terms of this Lease. The "End of the Term" is the date on which the term of this Lease is to expire either
originally, under a renewal term or under month -to -month renewals as contemplated by this Lease, Rental and such other charges will be prorated on a daily basis
where necessary. Unless other wise specified in this Lease, charges for delivery and installation, initial month's rent and any applicable initial charges as outlined on
the front of this agreement will be due and payable at the start of the lease term, and charges for teardown and return will be due and payable at the earlier of the
Return Date or the End of Term. After payment of the initial month's rent, each month's rent thereafter is due and payable without demand and in advance (i) at the
end of each thirty (30) day period following the commencement of the lease term, if a rental month is defined on the first page of this Lease as a thirty -day period or
(ii) on the first of each month immediately following the month in which this lease commences, if a rental month is defined on the first page of this Lease as a
calendar month. All other sums payable by Customer under this Lease are due and payable when invoiced. Unless agreed otherwise, all payments made under this
Lease will be made by Customer's check drawn on its regular bank checking account or such other form of payment as is acceptable to Lessor. All payments by
Customer will be made without set-off or deduction of any kind.
(b) Customer will pay Lessor for any and all sales and use taxes, other direct taxes and registration fees imposed by any city, county, state, or federal government
or other taxing authorities and related directly or indirectly to the Equipment or its use, excluding federal or state taxes relating to income (all of the foregoing that
Customer is to pay, "Taxes"). Taxes may be allocated by Lessor on either an individual or prorated basis for any item of Equipment based on purchase price, value,
possession, use, location, rentals, delivery or operation of such Equipment. Taxes may include an allocation on a statewide basis of locally imposed taxes.
Customer's obligations under this Subsection will survive the termination of this Lease.
(c) For Customer's convenience, Lessor intends to issue invoices for amounts due under this Lease. If Customer fails to pay any amount due within twenty (20)
days of the due date, Lessor may impose a charge on such amount at one and one-half percent (1-1/2%) per month or the highest rate permitted by law, whichever is
lower, from the due date until payment in full is received by Lessor.
3. Delivery and Installation
(a) Customer will provide free and clear access for delivery of the Equipment by standard mobile transport vehicles. Customer will be solely responsible, at its
cost, for preparation of the site on which the Equipment is to be used (the "Site"), including any required structural or grade alterations and identification of utility
lines. Customer will provide firm and level ground on no more than six-inch (6") slope from one end to the other for safe and unobstructed installation for the
Equipment. Site election is the sole responsibility of Customer. LESSOR ASSUMES NO LIABILITY OR OFFERS ANY WARRANTY FOR THE FITNESS FOR
ADEQUACY OF THE UTILITIES AVAILABLE AT THE SITE. Lessor DISCOURAGES THE USE OF HOLDING TANKS ILO A PERMANENT SEWER
CONNECTION. IF USED, THE. CUSTOMER ACCEPTS RESPONSIBILITY FOR THE SERVICE, LIMITATIONS AND CONSEQUENCES OF USING SUCH
SYSTEMS.
(b) Customer will have sole responsibility, at Customer's cost, to obtain any and all licenses, titles, building and other permits and any other approvals and
certificates as may be required by law or otherwise for the installation and placement of the Equipment and Customer's lawful operation, possession or occupancy of
the Equipment, Customer agrees that all certificates of title or registration applicable to the Equipment will reflect Lessor's ownership of the Equipment.
(c) Lessor's delivery of the Equipment is subject to delays in manufacturing, modification, delivery or installation due to fire, flood, windstorm, riot, civil
disobedience, strike or other labor actions, acts of God, or any circumstances beyond Lessor's control (including but not limited to breaches by Lessor's sub-
contractors or manufacturers) which delay the manufacture or modification of products or the making of deliveries in the normal course of business.
(d) The prices for delivery, installation, teardown, return delivery and other "one-time" charges, the due dates of such charges and the start date of this Lease
assume accuracy of the information given to Lessor with respect to site conditions and locations and are subject to adjustment to the extent that the timing of or
physical nature of access to the Site is or becomes limited, the Site does not have adequate load bearing or topographic qualities or is otherwise not properly
prepared, utilities are not correctly located, provision of utilities is not timely or applicable licenses or permits are not provided in a timely manner or Customer
otherwise delays completion of Lessor's scope of work.
4. Maintenance of Equipment
(a) Customer will not move or in any way modify the Equipment without written consent of Lessor. Notwithstanding Lessor's consent to Customer's modification
of the Equipment, Customer is liable for the cost of the removal of such modification or restoration of the Equipment upon the termination of this Lease for the
modified Equipment. Lessor may place its name on the Equipment, and Customer will assure that such name is not removed or concealed in whole or in part.
(b) Customer, at Customer's sole cost, will keep the Equipment at all times until the Return Date in good repair and operating condition, return it in the same
condition it was delivered subject to ordinary wear and tear, and free of any and all liens and encumbrances. Lessor will have the right to inspect the Equipment
from time to time until the Return Date and if Lessor believes the Equipment to be misused, abused or neglected, Lessor may summarily remove and repossess the
Equipment at Customer's cost.
Page 2 of 6
(c) Lessor will warrant the structural integrity of the building(s) and any defect not caused by excessive wear and tear during the lease term, including damage
caused by extraordinary wear from the environment where the customer locates the equipment or site utilities. However, the Customer will be responsible for normal
maintenance such as changing HVAC filters, light bulbs, HVAC programming, lighting control programming, janitorial services, the use of chair mats, and other
minor repairs. Lessor will be provided reasonable notice and time to correct defects.
(d) Customer will perform, execute and comply with all Laws, which in any way affect the use, operation, maintenance, or storage of the Equipment. "Laws"
means all laws, rules, regulations or orders of any governmental agency or instrumentality of the United States, Canada, any state province, municipality or other
local government and all orders, writs and decrees of any court, tribunal or administrative agency, in any case which now exist or hereafter arise (including but not
limited to laws governing Hazardous Substances and other environmental risks and the Americans with Disabilities Act). Customer will not make or permit any
unlawful use or handling of the Equipment.
(e) HAZARDOUS SUBSTANCES. (i) "Hazardous Substances" means hazardous, toxic, radioactive or bio-hazardous substances or petroleum products. (ii)
Customer will not use or store Hazardous Substances in the Equipment, except such substances and in such quantities as would be normal in the operation of a
commercial office. Customer will not locate the Equipment at a remediation or nuclear site or use the Equipment for medical laboratory testing. (iii) Ordinary wear
and tear does not include contamination by Hazardous Substances. If any returned Equipment is found to have been contaminated by Hazardous Substance during
Customer's possession, Lessor may charge Customer for the clean up or may require Customer to purchase the Equipment at the then current market price charged
for an uncontaminated unit.
(f) Customer agrees that any person other than Customer or its agents, employees or invitees will not occupy the Equipment leased hereunder. The Equipment will
not be used for residential or dormitory purposes.
5. NO WARRANTY FOR MERCHANTABILITY OR FITINESS
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, AND ALL WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESSED OR IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, ARE HEREBY EXCLUDED BOTH AS TO THE EQUIPMENT AND AS TO ANY
INSTALLATION, MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR ON THE EQUIPMENT.
6. Limitation of Damages
Customer does hereby expressly waive any and all claims and demands for loss of profits or other alleged consequential, incidental or punitive damages arising out
of or in connection with this Lease. Lessor is not liable for any loss or damage to any property stored, located or transported in, upon, under or around any
Equipment and Customer does hereby waive any and all claims and demands for any such loss or damage.
7. End of Lease
(a) Unless specified otherwise, Customer must give Lessor sixty (60) days' prior written notice of the date on which the Equipment is to be returned.
(b) If Customer, without any further written agreement, continues to possessor occupy the Equipment after the expiration of the initial and any renewal term of
Lease, with or without consent of Lessor, Customer will then be deemed to have renewed this Lease on a month -to -month basis subject to such rate as Lessor
declares to be in effect (and in the absence of such declaration at the last monthly rate applicable to the Equipment), and Lessor may terminate such month -to -month
extensions at any time.
(c) If, at any time after the initial term, any renewal term or at any time this Lease is on a month -to -month basis, Lessor requests the return of the Equipment,
Customer will return the Equipment to Lessor, within five (5) days, at Lessor's designated address, at Customer's cost as outlined on the face of this agreement.
Additional charges will apply if Lessor must return the building and the building's path of removal is blocked, obstructed, utilities are not disconnected, require
equipment beyond a truck, or impaired in any way. Missing accessories, attachments or other items, repairs of any kind and restoration to original specifications
whether due to Customer alterations or otherwise will remain the sole responsibility of Customer, normal wear and tear excepted.
(d) Customer may terminate this Lease prior to the expiration of the Minimum Lease Period, subject to all terms and conditions of this Lease, and the Customer
will pay (in addition to tear -down and return charges) the following termination charges:
i) If Customer is the first user of the Equipment: the remaining unpaid rental charges for the Minimum Lease Period;
ii) If Customer is not the first user: The lesser of the remaining term or, (A) if the Minimum Lease Period ("MLP") is less than three (3) rental months, four (4)
times the Adjusted Weekly Lease charge ("AWLC"); if the MLP is between three (3) rental months and six (6) rental months, inclusive, eight (8) times the AWLC;
if the MLP is more than six (6) rental months but one (1) year or less, twelve (12) times the AWLC; if the MLP exceeds one (1) year, fourteen (14) times the AWLC
for each year, or portion thereof, of the portion of the MLP cancelled.
iii) The "Adjusted Weekly Lease Charge" or "AWLC" means the Weekly Lease Charge less that portion representing amortization of any delivery, set -tip,
teardown, return or similar one-time charges and customer -requested modifications not provided as a separate charge under the terms of this Lease (the "Amortized
One -Time Costs").
In addition to the termination charges outlined above, Customer will pay in full the unpaid Amortized One -Time Costs and rental for ancillary equipment such as
steps, decks, and ramps. In no case will the termination charges be in excess of the rental charge for the remainder of MLP.
8. Indemnification
Customer hereby specifically indemnifies, agrees to defend and holds harmless Lessor, its employees and agents from any and all loss, claims, liabilities, damages,
fines, forfeitures, seizures, penalties and expenses (including attorneys' fees and investigative costs) (collectively "Losses") that may arise from or in connection
(a) The loss of or damage to the Equipment prior to the Return Date because of collision, fire, lightning or theft, flood, windstorm or explosion, civil disturbance or
riot or any other peril or casualty;
(b) The death of or injury to, including but not limited to damage to the property of, any person as a result of, in whole or in part, the use or condition prior to the
Return Date of the Equipment;
Page 3 of 6
(c) Any act or omission of Customer in violations of this Lease;
(d) The actual or alleged storage, maintenance, use, handling, repair, or operation of the Equipment, prior to the Return Date, including but not limited to any
failure to use anchor straps, any work done on, or any materials supplied to or in connection with operation, maintenance, possession or storage of the Equipment
and any loss or damage to anything stored in any of the Equipment; and
(e) Any damage to Customer's property or the property of any third parties incurred during or in connection with the fulfillment of Customer's obligations by or on
behalf of Lessor or the repossession or return of Equipment by Lessor in accordance with the terms of this Lease.
The obligations contained in this Section 8 will survive expiration or termination of the term of this Lease and the Return Date. The indemnifications contained in
this Section 8 will apply to Losses whether they are asserted before or after the Return Date.
9. Insurance
(a) Customer, at Customer's sole cost, will procure and keep in Rill force and effect, from the initial delivery date until the return of all Equipment the following
policies of insurance satisfactory to Lessor as to the insurer and as to the form and amount of coverage, with premiums prepaid:
i) Commercial General Liability Insurance with a minimum combined single limit of $1,000,000 per occurrence, written on an occurrence form, including
coverage for premises, operations, contractual liability, broad form property damage, independent contractors and personal injury liability naming Design Space
Modular Buildings as an additional insured.
ii) Commercial Property Insurance protecting against all loss and damages, at full replacement cost, sustained or suffered due to the loss of or damage to the
Equipment as a result of collision, fire, lightning, theft, flood, windstorm, explosion or any other casualty, naming Lessor as a loss payee, with a maximum
deductible of $500.
(b) Customer will deliver certificates evidencing all such insurance to Lessor within fourteen (14) days after delivery of the Equipment to Customer's site, time
being of the essence; except that, if Customer elects to enroll in the Damage Waiver Option, Customer will not have to deliver certificates of insurance to Lessor for
the type of risks covered by the Damage Waiver Option as elected by Customer. Each certificate will state that such insurance will not terminate or be materially
changed without thirty (30) days' prior written notice to Lessor.
(c) If Customer fails to deliver the insurance certificate as required by paragraph (b) on the date required, Customer will be in default under this Lease. In addition
to all the other remedies for default under this Lease, Lessor may (i) impose upon Customer a one-time fee for insurance processing of One Hundred Dollars ($100)
and (ii) assess as additional rent an uninsured lessee fee of ten percent (10%) of the monthly rental from the start of the lease term until the required insurance
certificate is delivered to Lessor.
(d) Obtaining insurance as described above will not affect Customer's obligations and indemnities under this Lease, and the loss, damage to, or destruction of any
of the Equipment will neither terminate this Lease nor, except to the extent that Lessor is actually compensated by insurance paid for by Customer, relieve Customer
of any of Customer's liability under this Lease.
10. Damage Liability Waiver
(a) In certain circumstances, Customer may choose.to accept a Damage Waiver Option to cover damage to the Equipment (the "Damage Waiver Option"). If the
Damage Waiver Option is available and Customer, in writing prior to delivery of the Equipment to the site, elects to enroll in the Damage Waiver Option, then,
Section 10(b) will apply.
(b) If the Damage Waiver Option is properly elected and so long as Customer timely pays the additional fee specified for such Damage Waiver Option, Customer
will not be required, under the terms of this Lease, to carry any additional commercial property insurance as required by Section 9(a) (ii) and Customer will not be
liable to Lessor in excess of $500 per unit of Equipment for loss or damage specified in Section 8(a), except customer will not be relieved of liability if Customer
violates any other provision of this Lease or if damage results from theft, vandalism, negligence, misuse or abuse. THE DAMAGE WAIVER IS NOT INSURANCE
COVERAGE.
(c) Either party may cancel customer's acceptance of the Damage Waiver Option, or fees for the Damage Waiver Option may be changed upon thirty (30) days
prior written notice. If the Damage Waiver Option is, for any reason, cancelled, Customer will provide to Lessor evidence of policies of insurance as set forth in
Section 9 (a) (ii), as appropriate, within ten (10) days prior to the effective date of such cancellation.
(d) The limitation of liability under the Damage Waiver Option does not extend to the transportation of Equipment or its contents, or to steps, decks and ramps and,
only extends to Equipment installed on ground level with properly installed tie -down anchors.
(e) The Damage Waiver Option will not be binding upon Lessor unless any loss, damage, injury or claim is reported to Lessor in writing within seventy-two (72)
hours of the occurrence of any such event. Customer will also provide any information in regard to such event that Lessor reasonably requests.
11. Default
(a) The occurrence of one or more of the following in clauses (a)-(e) below will constitute an Event of Default under this Lease:
(b) Customer fails to pay when due any rental payment or any other payment due under this Lease or fails to perform its obligations under Section 9 of this Lease:
(c) Customer fails to perform or observe any other term or condition under this Lease and such failure remains unremedied for more than ten (10) days after such
failure to perform or observe;
(d) Customer or any person or entity which controls more than fifty percent (50%) of Customer's equity (a "Control Person") or any guarantor of any of
Customer's obligations hereunder (a "Guarantor") (i) becomes insolvent, (ii) becomes subject to any voluntary or involuntary bankruptcy or reorganization
proceedings, (iii) commits an act or bankruptcy, (iv) admits in writing its inability to pay its debts as they become due or (vii) enters into any type of voluntary or
involuntary liquidation or dissolution;
(e) Customer, any Control Person or any Guarantor defaults under any other agreement with Lessor or any affiliate of Lessor; and
(fl Any letter of credit, guaranty or other security given to secure the performance of Customer's obligations under this Lease expires, terminates or in the
reasonable opinion of Lessor becomes worthless.
Page 4 of 6
Upon the occurrence of an Event of Default, Lessor will have the option to declare the entire balance of rent for the remainder of the stated lease term immediately
due and payable and to accelerate and make immediately due and payable any other amounts owing under this Lease. Lessor will also have the option to retake and
retain any or all of the Equipment free of all rights of Customer without any further liability or obligation to redeliver any of the Equipment to Customer, and
Customer hereby grants Lessor the right to enter upon any premises where all or any of the Equipment is located in order to take possession of and remove such
Equipment. (Notwithstanding the foregoing, if an Event of Default occurs under clause (c) above, such accelerations will occur automatically without the need for
declaration.) Customer will pay to Lessor on demand all fees; costs and expenses incurred by Lessor in enforcing all other remedies provided in the Lease or exist in
at law or in equity. No action taken by Lessor pursuant to this Section 11 or Section 13 will release Customer from Customer's covenants, obligations and
indemnities provided under this Lease, including but not limited to Customer's obligation for the payment of rentals provided in the Lease. If Lessor retakes
possession of the Equipment or any part of the Equipment and there is at the time of such retaking, in upon or attached to such repossessed Equipment, any other
property, goods or things of value owned by Customer or in the custody or control of Customer, Lessor is authorized to take possession of such other property, goods
or things and hold the same for Customer, at Customer's sole cost, either in Lessor's possession or in public storage, at Lessor's sole discretion.
12. LESSOR'S RIGHT TO CURE
If Customer defaults in any of its obligations under this Lease, whether or not an Event of Default then exists, Lessor may pay all amounts or perform or cause to be
performed all obligations required to be paid or performed by Customer under this Lease and recover from Customer as additional rent all amounts so paid or the
reasonable value of all services so performed.
13. Set -Off
Without limiting any other provision of this Lease, upon the occurrence of an Event of Default, Lessor will have the immediate right, without notice, demand or other
action, to set-off against Customer any amounts Lessor may hold as prepayments or deposits for Lessor liabilities to Customer whether or not then due to Customer.
Unless otherwise prohibited by law, Lessor will be deemed to have exercised such right to set-off and to have made a charge against any such sums immediately
upon the occurrence of any Event of Default by Customer.
14. Assignment, Amendment, Modification, Miscellaneous
(a) Customer will not have the right to assign this Lease or to sublet, rent or otherwise hire out or transfer possession of any of the Equipment to any person or
entity other than Lessor, without the prior written consent of Lessor. Lessor may assign this Lease and the rentals reserved under this Lease. If Lessor makes such
an assignment, the assignee will acquire all rights, obligations and remedies possessed by or available to Lessor under this Lease.
(b) This Lease contains the entire agreement between the parties pertaining to the subject matter of this Lease. No agreements, representations or understandings
not specifically contained in this Lease will be binding upon any of the parties hereto unless reduced to writing and signed by the parties to be bound thereby. Any
amendment, modification or addendum to this Lease will not be binding on Lessor unless signed by an authorized officer of Lessor. This Lease will be governed as
to its construction, interpretation and effect by the laws of the State of California without regard to principles of choice of laws.
(c) In the event of any legal action or other proceeding between the parties regarding this Agreement, the prevailing party shall be entitled to the payment by the
losing party of its reasonable attorneys' fees, court costs and litigation expenses, as determined by the court.
Page 5 of 6
110esignspace
0MODOLAR 8U_L01r0S
From Vn.on ro RdahrY I bn Lap an4 oo Bvapar
CONTRACT INSURANCE REOUIREMENTS FOR MOBILE/MODULAR BUILDINGS
Lease 9: 1'002S93 Unit 9: 0 1 Serial #: 1 0 Insurance Valuation: 15
(Section 9 of Lease Agreement)
C 041IMERCIAL GENERAL LIABILITY. S 1,000,000 per occurrence for bodily injury and $1,000,000 per occurcncc for property damage;
Or combined single limit of $1,000,000
DESIGN SPACE MODULAR BUILDING MUST BE LISTED AS "ADDITIONAL INSURED"
callillF.RCL-I L PROPERT l': Special or Broad Fomm to include ALL LEASED UNITS
$500 MAXIMUM DEDUCTIBLE (Flood insurance required for Units located on a Floor Plain)
DESIGN SPACE MODULAR BUILDINGS MUST BE LISTED AS "LOSS PAYEE"
CANCELLATION NOTICE: 30 days written notice
125,890.00 I
Design Space Modular Buildings will waive the contractual requirement that you provide property insurance that protects Design Space Modular Buildings and will waive
certain liabilities to Design Space Modular Buildings as outlined below.
Dailv Rate: Waiver for Damage to Building S 1.00/day/unit
Note: WAIVERS ARE NOT INSURANCE COVERAGE - The waivers do not relieve you orally liabilities to parties other tlmn Design Space Modular Buildings and, as set forth
below, certain liabilities to Design Space Modular Buildings are not waived.
What is Waived:
Liability: There is no waiver available for General Liability. Please refer to your obligation under Section 9 of the lease agreement and as summarized above for the insurance
requirements for General Liability coverage.
Damaec Waiver: We waive (a) your obligation under the (case agreement to carry commercial property insurance and (b) your liability to us for repair or replacement of the building
structure for loss or damage resulting from tire, lightning, flood, windstorm, or explosion. You will remain liable to us for the first
S500 of damage per unit. Except, customer will not be relieved of liability if Customer violates any other provision of this Lease or if damage results from theft, vandalism, negligence,
misuse or abuse.
If you want to accept the property waiver complete item I and 2. If you elect no waiver, complete item 2.
1. _YES, I (the Lessee) want to take advantage of the Damage Waiver option as outlined above.
Please bill t»e for the quoted rate which will appear on my monthly invoice. The waiver is subject to cancellation and the other terms and conditions
set forth in the lease agreement.
2. _X—i (tile Lessee) have insurance in accordance with Section 9 of tite lease agreement with respect to any category not waived. I will deliver a certificate of Insurance to DSMB
WITHIN 14 DAPS OF EOUIPM ENT DELIVERY as required by Section 9 of the lease agreement. DSIWIB has provided the 14 day grace period as a convenience to customers.
I understand that time is of the essence and that if I do not deliver the certificute of insurance within the grace period, I will be in default tinder the lease agreement and DSTvfB at its
option may, among other actions, impose a one-time fee for processing of up to One Flundred Dollars (5100) and may assess as additional rent an uninsured lessee fee often percent
(10%) of the monthly rental from the start of the lease tens until the required insurance certificate is delivered to DSMB.
yv► u vt t ct` pa ( Poo 1 "Pt q'a,u+ tux ' t 0 _F-
INSURANCE COMPANY: IVo r44, _P �4t t Gt �i C7J�/7 i Gt AGENT NAME:
INSURANCE AGENCY ADDRESS: PO B 0)( t'n GCJA1,7 i C r-ee,K
AGENT PRONE NUMBER: G Z S _q �i3` I f O 0 AGENT FAX No. Z S- i
A1LD C1IENT�'�s-�1
SIGN . R�O�SS9E OR AUTHORIZED AGENT PRINT NAME DAA
NO In the absence of a response within 14 days of the dale of this correspondence the terms outlined under item 2 will apply
Mail All Certificates To: Design Space Modular FAX Certificates To: 909-349-2110
10631 Banana Avenue
Fontana, CA 92337
Page 6 of 6
ADDENDUM TO LEASE AGREEMENT NO. V002893
The following terms and conditions shall modify and amend the Lease Agreement No. V002893
("Agreement"), by and between Design Space Modular Buildings PNW, LP a Nevada limited partnership
("Lessor"), and the City of Gilroy, a California municipal corporation for the lease of a modular building.
Except as otherwise defined herein, all defined terms used herein shall have the meaning ascribed to them in
the Agreement. To the extent of any conflict in the terms herein and the terms of the Agreement, the terms of
this Addendum shall control. Except asset forth below, the terms of the Agreement shall remain in full force
and effect. Unless otherwise specified, references to paragraph numbers shall be to those in the Agreement.
The following provisions of the Agreement are hereby modified, amended, supplemented or deleted as noted
below:
(a) Paragraph 4(c) is hereby deleted and replaced in its entirety with the following: "Lessor
shall warrant the structural integrity of the Equipment, and any installations) performed by
Lessor in connection with the Equipment or under this Lease, and that such Equipment, and
installation(s) are free from defect, except any defect not caused by excessive wear and tear
during the lease term, such as damage caused by extraordinary wear from the environment
where the customer locates the equipment or site utilities. Lessor shall also warrant that the
materials and equipment furnished by Lessor under this Lease will be of good quality, and
that all construction and installation(s) by Lessor in connection with the Equipment or under
this Lease is performed in conformance to and consistent with the standards generally
recognized as being employed by professionals in the same discipline in the State of
California. However, the Customer will be responsible for normal maintenance such as
changing HVAC filters, light bulbs, HVAC programming, lighting control programming,
janitorial services, the use of chair mats, and other minor repairs. Lessor will be provided
reasonable notice and time to correct defects."
(b) Paragraph 8(b) is hereby deleted and replaced in its entirety with the following: "The death
of or injury to, including but not limited to damage to the property of, any person as a result
of, in whole or in part, the use or condition prior to the Return Date of the Equipment, except
that Lessor shall hereby specifically indemnify, agree to defend, and hold harmless
Customer, its officers, officials, representatives, agents, employees, and volunteers, through
counsel approved by Customer (which approval will not be unreasonably withheld), from
any and all Losses that may arise from or in connection with the defect and/or failures related
to the Equipment and all construction, installation, and work performed by Lessor in
connection with the Equipment or under this Lease."
(balance of page left intentionally blank; signature page follows on next page)
4847-6138-05060
SSCORDELIS104706083
In Witness Whereof, the parties have executed this Addendum as of this 2
of %1 ��,i�l.�, 12019.
CUSTOMER:
CITY OF GILROY,
a California municipal corporation
By.
Its:���%1�1
Date:�?�� 119
APP V S TO FORM:
City' Attorney
10 DI. M011 1
day
DESIGN SPACE MODULAR BUILDINGS PNW,
LP, a Nevada limited partnership
Its:
Date:
4847-6138-05060
SSCORDELIS104706083
CERTIFICATE OF COVERAGE
NAME AND ADDRESS OF AGENCY:
Municipal Pooling Authority of Northern California
P.O. Box 67
Walnut Creek, CA 94596
(925) 943-1100 * FAX (925) 946-4183
NAME AND ADDRESS OF COVERED ENTITY:
City of Gilroy
LeeAnn McPhillips
HR/Risk Mgmt Dept.
7351 Rosanna Street
Gilrov, CA 95020
ORGANIZATION AFFORDING COVERAGE:
Municipal Pooling Authority of Northern
California
This is to certify that coverage agreements listed below have been issued to the covered parties named above and are In force at this time. 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 coverage afforded by the
coverage agreements described herein is subject to all the terms, exclusions, and conditions of such coverage agreements.
TYPE OF COVERAGE
General Liability
Auto Liability
Auto
Collision and Comprehensive
Workers' Compensation and
Employers Liability
COVERAGE AGREEMENT COVERAGE AGREEMENT LIMITS OF LIABILITY
NUMBER EXPIRATION per occurrence
MPA19-20
6/30/2020 Bodily Injury, Property
Damage, Personal Injury
Combined $1,000,000
Bodily Injury, Property
Damage, Personal Injury
Combined $0
$3,000 Deductible Police Vehicles
$2,000 All other Vehicles
Limit of Liability = $250,000
SIR $500,000
Workers' Comp = Statutory
Employers' Liability =$4.5 million
Description of Operations/Locations/Vehicles/Event/Restrictions/Special Items:
It is hereby agreed that Design Space Modular Builders is named as an additional covered party for General Liability in respect to
the lease of modular buildings and/or equipment with the City of Gilroy, but only to the extent assumed by the City of El Cerrito
under the agreement, subject to the Memorandum of Coverage terms, conditions, and exclusions.
Cancellation: Should any of the above described coverage agreements be canceled before the expiration date thereof, the issuing company will endeavor to mail 30
days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Authority, it's
agents or representatives.
CERTIFICATE BOLDER (name and address):
Design Space
Modular Builders
2725 Fitzgerald Drive
Dixon,. CA 95620
Certificate ID: 2533 : 2015-16 FY
Prepared By: mp
Date Issued June 17, 2019
kin'
r
Ervin ChaA CPCU, ARM Liability Claims
Municipal Pooling Authority
Effective: July 1, 2018
MUN.ICIPALIPOOLING AUTHORITY
MEMORANDUM OF COVERAGE -
GENERAL &.AUTO LIABILITY'
Throughout this Memorandum of Co moranm u yqrag� ("Me d 1I Words and -phrases that. appear in
italics and quotation marks have special ...,meaning, 'Theyare defined in Section 11, "Definitions."
i
In consideration of the payment of the premium., the Authority- agrees with. the "covered'parties" as
f6ilow's:
SECTION I - COVERAGES
The..Aothority will, p ay up to the 0 rage"those sums on behalf of the "covered parties" for
It
ultimate net loss" in excess of the applicable self-ifistifed retention that the covered par -ties"
become lega'lly obligated to pay as --damages' lay reason of liability .imp osed by jaw .`or liability
assurned by contract because of:
A. "Todfly injurry" or- "property damage" and /or
B. ",Personal r and/or
n. -/or
i'PUN!(::*q -e rs and om it fficla4s Pr Osk
as those terms are'herein defined. and to which this Memorandum -applies, caused by* an-
"cc -d ,urrence" duringthe coVerag
As a condition ority to have a4 nder this ..'Memorandu.m,:i'ncluding-the duty:
precede ntfortheAuth. y duty u
to 0 .pay "ultimate net loss" orzany poit6n thereof; a "covered party' shall.first-have c =plieAjW1y_with
the proVisio.hs, of SECTION VIII - GQNDI'fIO'NS'. A "covered partysfailure to so comply m a..
ply shall void the
coverage described herein; unless coverage is,. extended by atwo-thirds vote of the ffill Board.
This Memorandum, does riot .provide :insurance, but instead. ptovid6s. for pooled sdlf,40s.urance. This
Memorandum is a negotlaied -agreement amongst: the Members of the Authority; and, as such, no party
to the Me m-orandurn is entitled to interpret it by .reference tolegal principles `specific to Contracts 6
f
adhesion, or to commercial insurers. Similarly, no partytothis Memorandum may rely on any -contract
interpretation principles 'which+ re'vi . rq hitetprdt n of 'ambiguous language. Against the, drafter of
uage.
such agreement.. This Memorandums shall be applied According to the principles of contract law, giving
full effect to the intent and. reasonable expectation of the niernbers of the. Authority
, Acting trougl
the Board of Directors. As the Authority is not an insurer, it -has no obligation (but may chbos-6) to
issue reservation. ervati on. of -rights jetterg. -nor-* is it bound by the -provisions of Civil Cod6 §2ROO, vhich
pertains to aninsurer's obligation tor provide independent counsel to an ihsureduhdercircumstances
§
defined by that statute. Failure to provide notice to a "covered party" of any coverage dispute shall not
operate to waive any of the provisions of this Memorandum; however, the Authority will use its best efforts
to identify coverage disputes and to alert the "covered party" of such as soon as possible.
SECTION II -DEFINITIONS
1. "Additional covered ,party" means any person or "entity" named as an "additional covered
party" and holding a certificate of coverage duly issued by the Authority, for "occurrences" during
the coverage period identified in the certificate of coverage; if a particular activity is identified in
the certificate of coverage, the person or "entity" is a "covered party" only for "occurrences" arising
out of the described activity. Coverage for an "additional covered party" shall be provided only
when and to the extent required under the contract, subject to the terms and conditions of this
Memorandum.
2. "Aircraft' means a vehicle designed for the transport of persons or property principally in the
air, not including an "unmanned aerial vehicle."
3. ".Alutomobile means a land motor vehicle, trailer or semi -trailer.
4. "Bodily Injury" means bodily injury, sickness, disease, or emotional distress sustained by a
person, including death resulting from any of these at any time. Bodily injury includes "damages"
claimed by any person or organization for care, loss of service or death resulting at any time from the
bodily injury.
5. "Covered indemnity contract" means that part. of a contract or agreement pertaining to the
"covered party's" governmental operations, including but not limited to:
a) Leases; b)
c) Public works contracts; d)
e) Easement or license agreements; or f)
party„
Mutual aid agreements;
Special events sponsored by the "covered party,"
Use of facilities or equipment by the "covered
under which the "covered party„ assumes the tort liability of another party to pay for "bodily
injury" or "property damage" to a third person or organization. This definition applies only to tort
liability arising out of an "occurrence" to which this Memorandum applies. Tort liability means a
liability that would be imposed bylaw in the absence of any contract or agreement.
6. "Covered individuals" means persons who are past or present elected or appointed officials,
employees or volunteers of the "entity" whether or not compensated, while acting for or on behalf of
the "entity," including while acting on outside boards conditioned by the following guidelines:
(a) The .Authority's coverage will be excess and will not contribute to any other coverage
available to the outside Board or Commission;
(b) if the agency Board does not carry coverage, the member should encourage they
obtain coverage of their own;
(c) To be afforded coverage, the individual must be acting in good faith, without malice
77.
P fl. t3b`x 67 * W;alnu;i Cree,k..;: CA 94�97 " �92] 9R:3 11.°0D Fax. 492:5) 946 4188
or oppression, and in the best interest of the ""entity;"' and
(d) Extension of'coverage is in the best interest of the "entity;"
except an airport or hospital board regardless of how such body is denominated
Under no circumstances shall the Authority have a duty to defend or indemnify any "covered
individual" under circumstances in which the "entity" itself is not legally required to do so. The
Board, at its sole discretion, may waive this section if it deems it is in the best interest of the
Authority.
7. "Covered party" means any person, organization, trust or agency qualifying as a covered party
in the covered parties section of this Memorandum.
8. ".Damages" means compensation in money recovered by a party for loss or detriment it has
suffered through the acts of "covered party." For purposes of this Memorandum, "damages" includes
statutory attorneys' fees and costs if the attorneys' fees and costs are related to a claim. for "damages"
which would otherwise be covered by this Memorandum.
9. "Defense costs" means all fees and expenses caused by and relating to the investigation,
defense or litigation of a claim including attorney's fees, court costs and interest on judgments
accruing after entry of judgment. Defense costs shall not include the office expenses of the
Authority or the "covered party' nor the salaries of employees or officials of the Authority or any
"covered party." Defense costs shall not include any fee or expense relating to coverage issues or
disputes between the authority and any "covered party." Defense costs shall not include attorney
fees or costs awarded to a prevailing plaintiff against the "covered party."
10. . "Entity' means the entity named in the Declarations, including any and all commissions,
agencies, districts, authorities, boards (including the governing board) or similar entities coining
under the entity's direction or control or for which the entity's board members sit as the
governing body. Entity includes all departments and constituent agencies of the entity.
11. "Limit of coverage" means the amount of coverage stated in the declaration, page or
certificate of coverage for each "covered party" per "occurrence." With respect to "bodily injury,"
"property damage," and "personal injury," that amount is $1,000,000.00 and the self -insured retention
is the amount chosen by the "covered party" and reflected in its Declaration page. With respect to
"public officials' errors & omissions," that amount is $250,000.00 and. the self -insured retention is
$25,000.00. For each "occurrence," there shall be only one limit of coverage regardless of the
number of claimants or "covered parties" against whom a claim is made. In the event that a structured
settlement, whether purchased from or through a third- party, or paid directly by the "covered party'
in installments, is utilized in the resolution of a claim or suit, the Authority will pay only up to the
amount stated in the Declarations or certificate of coverage in present value of the claim, as
determined on the date of settlement, regardless of whether the full value of the settlement exceeds
the amount stated in the Declarations or certificate of coverage.
12. "Medical maipr actice" means the rendering of or failure to render any of the following services:
(a) Medical, surgical, dental, psychiatric, psychological counseling, x-ray or nursing
E
W
946 483
services, or treatment or the furnishing of any food or beverage in connection therewith;
or any services provided, by a health care provider as defined in section 6146(c), [2), (3)
of the California Business and Professions Code.
(b) Furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
Medical malpractice does not include first aid administered by employees, nor does it include
advice or services rendered by a 911 emergency dispatcher.
13. "Nuclear material" means source material, special nuclear material, or byproduct material.
"Source material," "special nuclear material," and "by-product material" have the meanings given to
them by the Atomic Energy Act of 1954 or in any law amendatory thereof.
14. "Occurrence" means:
(a) With respect to "bodily injury" or "property damage." an accident, including
continuous or repeated exposure to substantially the same generally harmful conditions,
which results in "bodily injury" or "property damage" neither expected nor intended from
the standpoint of the "covered party."
(b) With respect to "personal injury" and "public officials' errors and omissions"
respectively: an offense described in the definitions of those terms in this Memorandum.
15. "Personal injury" means injury, other than "bodily injury,". arising out of one or more of
the following:
(a) False arrest, detention or imprisonment, or malicious prosecution;
(b) Abuse of legal process;
(c) Wrongful entry into, or eviction of a person from, a room, dwelling or` premises
ibat the person occupies;
(d) Publication or utterance of material that slanders or libels a person or organization
or disparages a person's organizatian's goods, products or services, or oral or written
publication of material that violates a person's right of privacy;
(e) Unlawful discrimination or violation of civil rights; or
(t) injury resulting from the use of reasonable force for the purpose of protecting
persons or property.
16. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis, chemicals, airborne particles or fibers, molds and/or
fungus, fungal pathogens, electromagnetic fields, and waste. Waste includes materials to be
recycled, reconditioned or reclaimed. The terra pollutants, as used herein, do not mean potable
water, agricultural water, water furnished to commercial users, or water used for fire suppression.
1 T "Property damage" means:
(a) Physical injury to tangible property, including all resulting loss of use of that property;
or
(b) Loss of use of tangible property that is not physically injured or destroyed.
18. "Public officials', errors and omissions" means any actual or alleged misstatement or
misleading. statement or any actual or alleged error or omission by "covered individuals" individually
77 :......::.....:.:.....:.:_.:....:.:.:....
or collectively in the.' discharge of their duties with the "Entity" and resulting in damage neither
expected nor intended from the standpoint of the "covered party."All claims involving the same actual
or alleged misstatement or misleading statement or actual or alleged error or omission or a series
of continuous or interrelated actual or alleged misstatements or misleading statements or actual or
alleged error or omissions will be considered as arising out of one "occurrence."
19. "Ultimate net loss" means the sum actually paid or payable in cash in the settlement or
satisfaction, investigation or defense of losses for which the "covered party' is liable either by
adjudication or by compromise with the written consent of the Authority, after making proper
deduction for all recoveries and salvages and other collectible insurance. Ultimate net loss shall
include "defense costs" and related expenses incurred by the Authority. Ultimate net loss does not
include statutory attorney fees or costs awarded to a prevailing plaintiff unless such fees or costs
are related to a claim for "damages" covered by this Memorandum.
20. "Unmanned aerial vehicle" means an aircraft, aerial system, or device that is not designed,
manufactured, or modified after manufacture to be controlled directly by a person from within or on
the aircraft, aerial system, or device.
SECTION III -DEFENSE AND SETTLEMENT
With respect to claims or suits for "damages" to which this Memorandum applies, the Authority
shall have the right and duty to defend any claim or suit against the "covered party" even if any
allegations are groundless, false or fraudulent. However, in m.aldng the determination of its duty
to defend, the Authority may rely on the facts alleged within a third party's complaint, and those
extrinsic facts Imown to it. The Authority shall have no duty to speculate about unpled theories
of recovery in order to determine its obligations to defend or to indemnify, nor shall the
Authority be under any continuing duty to investigate whether a potential for coverage has arisen
at some future date.
The Authority shall have the right to manage, and the "covered party" shall fully cooperate in, all
matters pertaining to the investigation, defense, negotiation, and settlement of any claim or suit for
"damages" to which this Memorandum applies
The "covered party" shall be obligated to pay or reimburse the Authority for the entire "ultimate
net loss," up to the applicable self -insured retention. if the "intimate net loss" exceeds the "covered
party's" self -insured retention, the Authority shall be obligated to pay or cause to be paid the
"ultimate net loss" in excess of the applicable self -insured retention, up to the Limit of Liability. .
The Authority shall not be obligated to pay any judgment or settlement or to participate in the
defense of any claim or suit after the Authority's "limit of coverage" has been totally exhausted by
the payment of "defense costs" and/or judgments or settlements.
No claim or suit shall be settled for an amount in excess of the applicable self -insured retention.
without the prior written consent of the Authority, and the Authority shall not be required to
contribute to any settlement to which it has not consented.
If the "covered party" prevents settlement of any claim or suit for a reasonable amount, defined as
the amount the Authority is willing to pay and the claimant is willing to accept, increasing the
"covered party's" potential liability for "damages" and continued "defense costs," the "covered party"
77
_.... �.
0..,,, Fax; 4 `J...:z.:5) 9 A.6 <:..Pa a S...FY2.o1s.2U19.::
,..._:..
shall pay or shall reimburse the Authority for those "defense costs" incurred after the claim could
have been settled, and for any "damages" awarded or settlement agreed upon in excess of the
amount for which the claim could have been settled. This includes, but is not limited to, a refusal by
the "covered party" to agree to a reasonable non -monetary term of settlement.
The Authority, at its own expense, and with a two-thirds vote of the fu I 1 Board, shall have the
right to assume the control of the negotiation, investigation, defense, appeal or settlement of any
claim or suit that the Authority determines, in its sole discretion, to have a reasonable
probability of resulting in an "ultimate net loss" in excess of the applicable self -insured retention. If the
Authority assumes control of a claim or suit, the "covered parr" shall be obligated at the request of the
Authority, to pay any sum necessary for the settlement of the claim or suit, or to satisfy liability imposed
by law, up to its applicable self -insured retention, and to satisfy every other requirement to effect a final
resolution of the claim or suit. if the "covered party" refuses to pay its applicable self -insured retention on
request by the. Authority, the claim or suit shall not be covered under this Memorandum., except by
majority vote of the full Board.
SECTION IV - THE AUTHORITY'S LIMiIY OF LIABILITY
Regardless of the number of.
(1) Persons or "entities" covered under this Memorandum,
(2) Persons or organizations malting claims or bringing suits, or
(3) Claims made or suits brought,
the each "Occurrence" limit is the most the Authority will pay for "ultimate net lass" arising out of
any one "occurrence."
The "limit of coverage" for any additional "additional covered party" as defined in Section 2, ff
1, subject to the per "occurrence" limitation above, shall not exceed the limit stated in its
"additional covered party" certificate regardless of the limit which applies to the member.
SECTION V - COVERAGE PERIOD AND TERRITORY
This Memorandum applies to "bodily injury," "personal injury," "property damage" or "public
officials' errors and omissions" which occur anywhere in the world during the coverage period.
SECTION VI -"COVERED PARTIES"
The parties covered by this Memorandum are:
(A) The "entity."
(B) "Covered individuals."
(C) With respect to any "automobile" owned or leased by the "entity" or loaned to or hired for use
by or on behalf of the "entity," any person while using such "automobile" and any person or
organization legally responsible for the use thereof, provided the actual use is with the
permission of the "entity," and with respect to any "automobile" owned or leased by an
employee of the "entity" or by a member of the "entity's" governing board, if the "entity"
P C} BQx 67:* V+lainut Cree'ic;CR 945;97 * (925.j 94:3&UQ F'ax: �925) 94b 4183
reimburses or pays the employee or governing board member for use of such "automobile,"
and only if. such "automobile" is operated by said employee or governing board member in
the course and scope of employment and only to the extent that the coverage provided
hereunder shall be in excess of any other insurance for said "automobile." The foregoing
notwithstanding, this coverage does not apply to.
(l) Any person or organization or any agent or employee thereof, operating an "automobile"
sales agency, repair shop, service station, storage garage or public parking place, with
respect to an "occurrence" arising out of the operation thereof, or
(2) The owner or any lessee, other than the "entity," of a leased or hired "automobile" or
any agent or employee of such owner or lessee..
(D) Any "additional covered party."
(E} "Covered party" does not include any person, organization, trust or estate or any other type
of entity for any risk, claim, or loss which is incurred or occurs under any other joint
powers authority, or any joint powers agreement which creates a separate agency or entity,
unless added hereto by endorsement. However, as to any person who is an official, employee,
or volunteer of an "entity" named in the Declarations and is participating in the activities of
any other joint powers authority or any separate agency or entity created under any joint
powers agreement on behalf of that "entity," the coverage afforded in this Memorandums. of
Coverage will apply in excess of and shall not contribute with any collectible insurance or
other coverage provided to or through the other joint powers authority or Joint powers
agreement covering a loss also covered hereunder, whether on a primary, excess, or
contingent basis.
SECTION 'III -EXCLUSIONS
This Memorandum does not apply to:
1. (a) Claims arising out of the actual, alleged or threatened discharge, dispersal, seepage,
migration, plumage, release or escape of "pollutants" into or upon land, the atmosphere, or
any watercourse or body of water. This exclusion does not apply to fire fighting activities,
including training burns, or intentional demolition or burns for the purpose of controlling a
.fire, or the discharge of "pollutants" for the purpose of controlling a fire; or to police use of
mace, oleoresin capsicum (O.C.), pepper gas or tear gas; to weed abatement or tree spraying;
or spraying of any pesticide,
This exclusion does not apply to claims arising from sudden and accidental sewer backups.
This exclusion does not apply to claims arising from the sudden and accidental discharge,
dispersal, release, or escape of chlorine and other chemicals (gas, liquid or solid) which are
being used or being prepared for use in fresh or waste water treatment or in water used
in swimming pools, wading pools or decorative fountains.
ONE=__
1zv
x2'S 95:.4:8.. W ;a �;e._e.. k.�.,;`�.:.....:...::..... .>...:: .... �.:..:::... ). <. ....:.,..:.......
As used herein, "sudden" means abrupt or immediate, and occurring within a period not
exceeding twenty-four (24) hours; "accidental" means causing harm neither expected
nor intended by a "covered party."
This exclusion does not apply to claims arising from mold and/or fungus, with coverage limited
to an amount up to $100,000 over the "covered pariys" self -insured retention per "occurrence,"
This exclusion does not apply to claims arising from materials being collected as part of any
drop- off or curbside recycling program implemented and operated by the "covered
party," if the materials have not been stored by the "covered party" or "parties" for a
continuous period exceeding ninety (90) days.
(b) Any loss, cost, or expense arising out of any governmental order, directions or request that
the "covered party" or any other person or organization test for, monitor, clean up, remove,
contain, treat, detoxify, neutralize, remediate, or assess the effects of "pollutants."
(c) Any loss, cost or expense, including but not limited to costs of investigation or attorneys'
fees, incurred by a governmental unit or any other person or organization to test for, monitor,
clean-up, remove, contain, treat, detoxify, neutralize, remediate, or assess the effects of
"pollutants."
2. Claims arising out of the manufacture, mining, use, sale, installation, removal.or
distribution of or exposure to radon, asbestos, asbestos products, asbestos fibers,
asbestos dust, or other asbestos -containing materials and:
(a) Any obligation of the "covered party" to indemnify any party because of such claims, or .
(b) Any obligation to defend any suit or claims against the "covered party" because of
such claims.
3. Any claim (including attorney's fees or salary or wage loss claims) by any potential, present
or former employee or official of the "covered party" arising out of, but not limited to, a
violation of civil rights or employment -related practices, policies, acts, or omissions. This
exclusion applies to claims of negligent supervision and/or claims of failure to prevent
employment -related practices.
4. (a) Any claim by:
(1) Any present or former employee or co -employee of the "covered party" arising out
of or sustained in the course of employment with the "covered party," or
(2) The spouse, child, unborn child or fetus, parent, brother or sister of any such employee or
co- employee as a consequence of exclusion 3, 4(a) (1) or 4(b) herein.
This exclusion applies whether the "entity" may be held liable as an employer or in any other
capacity, except with respect to liability of others assumed under a "covered indemnity
contract."
B7`x 67?.* Wain`3 Cfee[c, CA 9g597 *t925j 94:3 114D *. FaX {92�j 9461$3
(b) Any obligation for which the "covered party" or any insurance company as its insurer may.
be held liable under any workers` compensation, unemployment compensation or disability
benefits law or any similar law.
S. Liability imposed under the "Employment Retirement Income Security Act of 1974" or any
law amendatory thereof, or any lava or liability arising out of fiduciary activities as respects
employee benefit plans.
6. The cost of providing reasonable accommodation pursuant to the Americans with Disabilities
Act, Fair Employment and Housing Act, or other similar law.
7. Liability imposed under the Fair Labor Standards Actor any law amendatory thereof.
8. Benefits payable under any employee benefit plan (whether the plan is voluntarily
established by the "entity" or mandated by statute).
9. Claims by any "entity against its own past or present elected or appointed officials,
employees, volunteers, or additional covered parties where such claim seeks "damages"
payable to the "entity."
10. Claims arising out of any professional "medical malpractice" except "medical malpractice"
committed by any employee of the "covered party," if that employee is licensed and certified
as an RN, LPN, LVN, EMT, paramedic or laboratory technician, and is not employed by or
working for any hospital or hospital operated out -patient, in -patient or other clinic at
the time of the "occurrence" giving rise to the loss.
Claims arising out of ownership, maintenance, management, supervision, or the condition or
operation of any hospital or airport.
12. Fines, assessments, fees, penalties, restitution, disgorgement, statutorily multiplied
(including but not limited to treble) damages, exemplary damages, or punitive damages,
whether awarded by a court or by an administrative or regulatory agency. Restitution and
disgorgement, as used herein, refer to the order of a court or administrative agency for the
return of a specific item of property or a specific sum of money, because such item of
property or sum of money was not lawfully or rightfully acquired by the "covered party."
13. "Bodily injury" or "property damage" arising out of the hazardous properties of "nuclear
material."
14. Claims arising out of or in connection with.
(a) Land use . regulation, land use planning, the principles of eminent domain,
condemnation proceedings or inverse condemnation by whatever name called,
resulting from deliberate decision making by the "covered' party" and whether or not
liability accrues directly against the "covered party" or by virtue of any agreement
entered into by or on behalf of any "covered party."
P 0; Box 67'# W;alnu,;t C�;eek,:.CR 94597 '� t925.} 94�3 11�D *. fax (92..5} 9�}6 4�83
However, the above exclusion shall not apply to inverse condemnation liability arising from
accidentally caused physical injury to or destruction of tangible property, including 'all
resulting loss of use of such property, for which the "covered parry" may be legally
responsible.
Further, the above exclusion shall not apply to claims for nuisance.
This exclusion does not apply to enforcement of parking ordinances or regulations.
Notwithstanding any of the above, this Memorandum of Coverage shall not apply to any claim
arising out of the design, construction, ownership, maintenance, operation, or use of anywater
treatment plant or waste water treatment plant, no matter how or under what theory such
claim is alleged, unless it is a claim based upon the accidental failure of the equipment
utilized or contained within the water treatment plant or waste water treatment plant.
(b) The initiative process, whether or not liability accrues directly against any "covered party"
by reason of any agreement entered into by or on behalf of any "covered party."
15. "Property damage" to:
(a) Property owned by the "enmity" or employee.
(b) Property rented to or leased to the "entity" where it has assumed liability for "damages" to
or destruction of such property, unless the "entity"' would have been liable in the absence
of such assumption of liability.
(c) "Aircraft," "'unmanned aerial vehicles," or watercraft in the "entity's" care, custody or control.
16. "Bodily injury" or "property damage" arising out of the ownership, operation, use or
maintenance of:
(a) any watercraft while being used for public commercial purpose; or
(b) any "aircraft"; or
(c) any "unmanned aerial. vehicle."
Ownership, operation, use or maintenance as used herein does not include static displays or
aircraft or watercraft in a park or museum setting,
This exclusion does not apply to claims arising out of the ownership, operation, use,
maintenance or entrustment to others of any "unmanned aerial vehicle" owned or operated
by or rented to or loaned by or on behalf of any "covered party" if operated at the time of the
"occurrence" in accordance with all applicable federal, state, and local laws, rules and
regulations, including but not limited to Federal Aviation Administration (FAA) Rules and
Regulations for Unmanned Aircraft: Systems detailed in part 107 of Title 14 of the Code of
Federal regulations and if also approved by the,governing body of the "entity" for use before
use.
17. "Bodily injury" or "property damage" arising out of the operation of any transit authority,
transit system or public transportation system owned or operated by the "entity,"' except a
transit system operating over non -fixed route systems such as dial -a -ride, senior citizen
transportation, or handicapped transportation.
1.8. Claims arising out of the failure to supply or. provide an adequate supply of gas, water,
electricity or sewage capacity when such failure is a result of the inadequacy of the "entity's"
facilities to supply or produce sufficient gas, water, electricity or sewage capacity to meet
the demand. if the electrical power generation plant or power -generating enterprise or
municipal utility is owned, operated, maintained, managed, or supervised bythe "entity," the
provisions of exclusion 19 apply in place of this exclusion.
1.9. Claims arising out of the ownership, operation, maintenance, management, supervision,
or the condition of any electrical power generation plant or power -generating enterprise
or municipal utility, including:
(a.) Any failure to supply or provide power from any such plant, enterprise, or utility;
(b) Any liability arising out of ownership, operation, maintenance, use, or entrustment of
any "automobile" while used in the operation of any such plant, division, or utility, or
(c) Any obligation, whether or not based on contract, of the "covered party" to indemnify
any person, entity, or governmental agency because of such claims.
20. "Bodily injury" arising out of the ownership, maintenance or use of any trampoline,
bungee jumping, or any other rebound tumbling device, including but not limited to bounce
houses, Bubble Soccer, or any inflatable aquatic/pool device that includes a trampoline
component.
21. "Bodily injury" arising out of the ownership, maintenance or use of (a) any skate or
skateboard park or other facility officially designated for use of spates, skateboards, or other
wheeled recreational devices, or (b) any bicycle park or other facility officially designated
for use of bicycles or mixed use of bicycles in a spate or skateboard park or facility, by the
member "entity."
This exclusion does not apply to "bodily injury" arising out of the ownership, maintenance or
use of such parks or facilities by a member "entity" if operated at the time of the "occurrence„
in accordance with all applicable federal, state, and local laws, rules and regulations, including
but not limited to California Health & Safety Code section 115800, and if written approval is
obtained bythe Authority prior to the "occurrence." Such written approval maybe conditioned
on the member "entity" meeting certain requirements, including but not limited to an
inspection of the plans for the parr or facility and the facility, and compliance with industry
standards related thereto.
22. "Bodily injury" arising out of the operation or sponsorship of any rollerblade hockey league,
program, class, or instruction.
This exclusion does not apply to "bodily injury" arising out of the operation or sponsorship of
any rollerblade hockey league, program, class, or instruction if operated at the time of the
"occurrence" in accordance with all applicable federal, state, and local laws, rules and
regulations, and if written approval is obtained by the Authority prior to the "occurrence."
23. ".Bodily injury" arising out of competition among students authorized by the instructor in
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martial arts classes, or arising out of martial arts tournaments or contests.
24. Under Coverage C, "public officials' errors and omissions," to "bodily injury" or "personal
injury."
25. Under Coverage C, "public officials' errors and omissions," to physical injury to tangible
property, including all resulting loss of use of that property.
26. Refund of taxes, fees or assessments.
27. Claims arising out of the intentional conduct done with willful and conscious disregard of
the rights or safety of others, or with malice. However, where the "entity" did not authorize,
ratify, participate in, consent to or have knowledge of such conduct by its past or present
employee, elected or appointed official, or volunteer, and the claim against the "entity, is
based solely on its vicarious liability arising from its relationship with such employee,
official or volunteer, this exclusion does not apply to said "entity."
This exclusion does not: apply to "bodily injury," "property damage," or "personal injury,"
as those terms are defined, resulting from the use of reasonable force to protect persons or
property.
29. Claims arising, in whole or in part, out of a "covered party" obtaining remuneration or
financial gain to which the "covered party" was not legally entitled.
29. Claims arising, in whole or in part, out of the violation of a statute, ordinance, order or decree
of any court or other judicial or administrative body, or rule of law, committed by or
with the knowledge or consent of a "covered party."
30. Claims arising out of oral or written publication of material, if done by or at the direction
of a "covered party" with knowledge of its falsity.
31. Claims arising out of estimates of probable cost or cost estimates being exceeded or
faulty preparation of bid specifications or plans, including architectural plans, unless
prepared by a qualified, licensed and/or registered engineer or architect who is the
appointed City Engineer or an employee of the "covered party."
32. Claims arising out of.
(a) A failure to perform, or breach of, a contractual obligation, or fraudulent inducement
to contract.
(b) "Bodily injury" or "Property damage" for which the "covered party" is obligated to
pay "damages" by reason of the assumption of liability in a contract or agreement. This
exclusion does not apply to liability for "damages:"
(1) Assumed in a contract or agreement that is a "covered indemnity contract," provided
the "bodily injury" or "property damage" occurs subsequent to the execution of the
contract or agreement, and then only to the extent required by the terms of the
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"covered indemnity contract," or
(2) That the "covered party" would have in the absence of the contract or agreement.
33. "Ultimate net loss" arising out of relief, or redress, in any form other than money „damages."
34. Claims arising out of liability imposed on any "covered party" under any
uninsured/underinsured motorist law or "automobile" no-fault law.
SECTION VIII -CONDITIONS
1. "Covered Party`s" Duties in. the Event of "Occurrence," Claim or Suit.
Asa condition precedent for the Authority to have any duty under this Memorandum,
including the duty to pay "ultimate net loss" or any portion thereof, a "covered party" shall
first have complied fully with (A) _ (E) below. A. "covered party's" failure to so comply shall
void the coverage described herein, unless coverage is extended by a two-thirds vote of the
full Board.
(A.) In the event of an "occurrence, "'written notice containing particulars sufficient to identify
the "covered party" and also reasonably obtainable information with respect to the
time, place and circumstances thereof, addresses of the injured or damaged party(ies)
.and the identity and addresses of available witnesses, shall be given by or for the "covered
party" to the Authority as soon as practicable.
Such notice must be given within 30 days of either: (1) notice of any claim reasonably likely
to exceed fifty percent of the "covered party's" self -insured retention; or (2) any notice of
"occurrence" involving any of the following:
• One or more fatalities;
• Loss of limb or amputation;
• Loss of use of any sensory.organ;
Spinal cord injuries, including but-notlimitedto quadriplegia and paraplegia;
• Third degree burns involving 10% or more of the body;
• Serious cosmetic disfigurement;
• Paralysis;
• Closed head injuries;
• Loss of use of any body function;
• Long-term hospitalization;
• Alleged sexual abuse, molestation, or harassment; or
• Title 42 U.S.C. section 1983 claims or other claims involving civil rights violations.
The Authority shall have the right, by two-thirds vote of the full Board, to deny coverage
under this Memorandum, or to reduce the "ultimate net loss" payable, for failure to provide
notice as required herein, including but not limited to the following:
1. A. reduction up to 25% in the "ultimate net loss" that would have been payable on
behalf ofthe "covered party" under this Memorandum had notice been timely given
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to the Authority, if notice is given between 31 days and 180 days after the date on
which it should have been given.
2. A reduction of 26% up to 50% in the "ultimate net loss" payable on behalf of the
"covered party' under this Memorandum had notice been timely given to the
Authority, if notice is given between 181 days and 278 days after the date on which
it should have been given.
3. A reduction of 51% up to 75% in the "ultimate net loss" payable on behalf of the
"covered part,' under this Memorandum had notice been timely given to the
Authority, if notice is given between 2.71 days and 365 days after the date on which
it should have been given.
4. A reduction of 76% up to No coverage, and no payment of any "ultimate net loss" if
notice is given more than one year after the date on which it should have been given.
(B) If claim is made or suit is brought against the "covered party," the "covered party" shall
be obligated upon demand to forward to the Authority every demand, notice, summons
or other process received by it or its representative.
(C) The "covered party" shall cooperate with the Authority and, upon its request, assist
in the conduct of suits and in enforcing any right of contribution or indemnity against
any person or organization who may be liable to the "covered party" because of "bodily
injury," "personal injury," "property damage" or "public officials` errors and omissions"
with respect to which coverage is afforded under this Memorandum of Coverage; and
the "covered party" shall, as deemed desirable by the Authority, attend hearings and
trials and assist in securing and giving evidence and obtaining the attendance of
witnesses. The "covered party" shall not, except at its own cost, voluntarily make any
payment,.assume any obligation or incur any expense on behalf of the Authority. The
"covered party" shall reimburse the Authority for the "ultimate net loss" up to its self -
insured retention.
(D) The "covered par. V' shall comply with all obligations set forth under Section 111
DEFENSE AND SETTLEMENT herein.
(E) Upon tender of a claim, the Authority shall be entitled to complete access to the
"covered party's" claim file, the defense attorney's complete file, and all investigation
material and reports, including all evaluations and information on negotiations. The
"covered party' shall be responsible to repoirt on the progress of the litigation and any
significant developments at least quarterly to the Authority, and to provide the
Authority with simultaneous copies of all correspondence provided to the "covered
party" by its defense attorneys and/or agents.
2. Bankruptcy or Insolvency:
Bankruptcy or insolvency of the "covered .party" shall not relieve the Authority of any of its
obligations hereunder.
3. Other Coverage:
If collectible insurance or any other coverage with any insurer, joint powers insurance
authority or other source respectively is available to the "covered party" covering a loss also
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covered hereunder (whether on a primary, excess or contingent basis), the coverage
hereunder shall be in excess of, and shall not co ntribu te. with, such other coverage. .
4. Severability of interests:
The term "coveted party" and its sub -terms including "entity," "covered individual" and
"additional covered party" are used.severally and not collectively, but the inclusion herein of
more than one "covered party' shall not operate to increase the limits of the Authority's
liability or the applicable self -insured retention per "occurrence."
S. Accumulation of Limits:
With respect to "personal injury" and "public official's errors and omissions," an "occurrence"
with a duration of more than one coverage period shall be treated as a single "occurrence"
arising during the coverage period when the "occurrence" begins.
"Property damage" or "bodily injury" with a duration of more than one coverage period shall
be deemed to occur during only one coverage period, and that coverage period shall be
when any "property damage" or "bodily injury" was first discovered. Coverage for such
"property damage" or "bodily injury" shall be provided by, at most, one Memorandum of
Coverage by the Authority.
6. Termination:
This Memorandum may be terminated at any time in accordance with the Joint powers
Agreement or by action approved by the Authority's Board of Directors.
7. Changes:
Notice to any agent or knowledge possessed by any agent of the Authority or by another
person shall not affect a waiver or a change in any part of this Memorandum of Coverage,
nor shall the terms of this Memorandum of Coverage be waived or changed, except by
endorsement issued to form a part of this Memorandum. of Coverage.
S. No action:
No person, organization or other entity shall have the right under this Memorandum of Coverage
to join the Authority as a party in any action against any "covered party" to determine the
Authority's liability.
9. Subrogation:
The Authority shall be subrogated to the extent of any payment hereunder to all the
"covered party's" rights of recovery therefore; and the "covered party" shall do nothing after
loss to prejudice such rights and shall do everything necessary to secure such rights. Any
amount so recovered shall be apportioned as follows:
(A) Any interest (including the "covered partyts") having paid an amount in excess of the
covered "ultimate net loss" hereunder shall be reimbursed on a pro-rata basis of the
respective share of the loss paid between the Member and Authority.
(B) The expenses of all such recovery proceedings shall be apportioned in the ratio of
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respective recoveries. If there is no recovery in the proceedings conducted solely by
the Authority, it shall bear the expenses thereof.
SECTION IX -RESOLUTION OF COVERAGE DISPUTES
THE PARTIES TO THIS MEMORANDUM UNDERSTAND THAT BY AGREEING TO THIS
MEMORANDUM OF COVERAGE THEY WAIVE ANY RIGHT THEY MAY HAVE TO A COURT OR JURY
TRIAL AND TO CERTAIN TYPES OF DAMAGES FOR THE PURPOSE OF ADJUDICATING ANY DISPUTE
OR DISAGREEMENT AS TO COVERAGE UNDER THIS MEMORANDUM.
1. .GENERAL
The following procedures shall be followed in resolving any dispute, claim,. or controversy
arising out of or connected with this Memorandum of Coverage, Such disputes shall be resolved
by either administrative proceedings or binding arbitration as provided herein,
Z. PROCEDURES FOR. RESOLVING DISPUTES
Decisions by the Authority whether to assume .control of the negotiation, investigation,
defense, appeal, or settlement of a claim, or whether or not coverage exists for a particular
claim or part of a claim, shall be made by the Board of Directors of the Authority. An appeal
to the Board from a written coverage opinion by staff or coverage counsel must be made in
writing to the Authority by the covered party within ninety (90) days of receipt of such opinion.
If, either prior to or following the Board's decision, a new coverage opinion is sent by staff or
coverage counsel to the covered party, a new ninety (90) day period commences from receipt
of such new opinion in which the covered party may appeal to the Board.
Any dispute concerning a decision by the Board must first be submitted to non -binding
mediation within sixty (60) days of written notification of the Board's decision. The parties shall
cooperate in selecting a mediator and scheduling a mediation within that timeframe. Each party
shall bear one-half the cost of the selected mediator. Except for the shared cost of the mediator,
each party shall be responsible for its own fees, costs and expenses of mediation.
If the dispute is not resolved at mediation, it shall be submitted to final binding arbitration
within ninety (90) days of the date such mediation is held. The arbitration shall be held before a
neutral arbitrator, selected by mutual agreement of the parties, who is a lawyer experienced in
contract interpretation or a retired federal or California State judge. The arbitrator shall not
be employed by or affiliated with the Authority, the covered party, or any Member of the
Authority. Such arbitration shall be conducted under the auspices of, and in accordance with,
the procedures and rules of the California Code of Civil Procedure. Any hearings held in
the course of such arbitration shall be held in Walnut Creek, California, unless the parties
mutually agree in writing to another location.
The selection of the arbitrator shall take place within twenty (20) calendar days from the receipt
of the request far arbitration. The arbitration hearing shall commence within forty-five (45)
calendar days from the date of the selection of the arbitrator. These timelines maybe extended
by agreement of the parties.
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�ach party shall bear one-half the cost of the selected arbitrator. Except for the shared cost of
oVVn, .ie: arbitrator, each party shall be responsible for its fees, -.costs and expenses of arbitration.
:Xcept for n0tification of appointment and as provided in the California Code of Civil
Tocedure, there shall be no communication between the parties and the arbitrator relating to
Ae.subject of the. arbitration other than at oral hearings, With the exception of briefing and
i ittenm tomunications copied to. all parties.
ri
`he decision of the arbitrator shall be final and binding; and shall not be subject- to appeal.
During the :c6urse-of the administrative and. arbitration proceedings.. of claim or... .lawsuit
herein provided herein. for which coverage is denied :the "covered par'y "' will be -responsible
for all fees ..-and exp enses for the deftse or litigation of Aclaim_.& lawsuit for which coverage
has ' been
en " edenied. In the..�event the arbitrator determines.. that .a duty ofdofeose applies, the
Authority -will reimburse the "covered party" for "defense costs" as defined in Section 11(9).
3. FUNDING'OF DEFENSE AND CLAIMS PENDING RESOLUTION. OF DISPUTE
Diiriftg the 0'utse.of the administrative and arbitration proceedings provided herein for which
e
:coverage is denied the "covered part *11. be responsible for all :fees �40 �expenses for the
domed,
' . o y wi
defense or litigation of a claim or lawsuit. In the event the -arbitrator determines that a duty
-of defense -applies, the 'Authority* will 'reimburse the "covered pOrty" for 'defense costs"' as
defined in'Section 11 (9).
4. 1EFFECTOFIARBITRATION , DECISIONS
All decisionson-appeals, whether by the Board ofI)irectors'(dftet the time. -to requ estarbittation
has expired) or by an arbitrator, shall be fl"nal 'and binding upon the "parties."
NOTAPPLICABLE TO EXCESS CARRIERS
These arbitration provisions are intended to bind only the Authority and -its, member agencies, They
are, 10t intended to be -binding upon any ofthe Auth6dty's excess carriers.
Adopted` june'21, 2018
Arnendedjuly 1, 2018
Issued By:
II ICIPAL POOLING AUTHORITY
Date:
ChiefA&Int er
MUNICIPAL POOLING AUTHORITY
PROGRAM _YEARJULY.1,2018 THROUGH JUKE 30,2019
ENDORSEMENT NUMBERI
This Endorsement, effective 12S01 a.m.- July 1, 2018,. and expiring on 12:00 am.,
July� .1j'201'9 forms apart ofthe. :Memorandu ofCovera fortheM -Pooling
M_ go. unicipal
Authority.
This Endorsement is intended to. supplement the. Memorandum of. Cov
erage, and to be
re , ad :111 conjunction with that document. Except :as, expressly amended herein, all
'Coverages, definitions, exclusions, and other terms. and --conditions contained in the
Meffior-cMdum of'Coverago apply to this Endorsement,. and governits interpretation.
In consideration Of underwriting requirements having beein met. Exclusion 10, set forth
.in Section V11 of the Memorandum of Coverage, is hereby modified by exempting
therefrom the member ent'ity(4) listed below, that have formally adopted a policy on
non -medical professional staff assisting with the -administration of medications to
participants in custodial care programs.
This egdprsement is issued to:
City ofAntioch; Town of Danville; City of Hercules; City of Lafayette; City
ofManteca; City of Martin ez;'Town. of Moraga; (ity.of Oakley; City or
0 rin da; City of Pin o le; City of Pittsb u rg; City of. San Pablo; City of Sian
Ram6n; City.of Walhu Creek
Date Lin a. Cox Chief Af *cer
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