HomeMy WebLinkAboutReso 108-1998 RESOLUTION NO. 108-98
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING CONSTRUCTION, RENOVATION AND
MAINTENANCE AGREEMENTS BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE SOUTH SAN FRANCISCO UNIFIED SCHOOL
DISTRICT
WHEREAS, there is a shortage of modern educational and recreational facilities in the City of South San
Francisco; and
WHEREAS, the South San Francisco School District (" School District") owns several properties
requiring construction, renovation, and maintenance of educational and recreation facilities; and
WHEREAS, the City of South San Francisco (" City") desires to assist in the development of the School
District's properties in exchange for use of the improvements by the City's residents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that:
The City Council hereby approves the agreement, attached hereto as Exhibit A, to
construct, renovate and maintain a parking lot for the reconfiguration of a soccer field
adjacent to the West Orange Library.
The City Council hereby approves the agreement, attached hereto as Exhibit A, to
renovate classrooms located adjacent to the Spruce Gymnasium at the Spruce
Elementary School.
o
The City Council hereby approves the agreement, attached hereto as Exhibit A, to
construct, renovate, and maintain a parking lot and play areas at the Alta Loma Middle
School.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council
of the City of South San Francisco at a Spec i a ] meeting held on the 11 t h day of Au qtl $ t ,
1998 by the following vote:
AYES: Councilmembers James L. Datzman, Joseph A. Fernekes,
Matsumoto, John R. Penna and Mayor Eugene R. Mullin
NOES: None
ABSTAIN: None
ABSENT: None
C:\My Documents\RESO\ssfschool. res.doc
ATTEST:
Karyl
City Clerk
JUL-~?98 FRI 15:35
~EYERS,NAYE, RIBAOK&SILV,
FAX NO, 510 351 4481
EXHIBIT A TO RESOLUTION NO. 108-98
AGREEMENT BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE SOUTH SAN FRANCISCO
UNIFIED SCHOOL DISTRICT RELATING TO THE
CONSTRUCTION OF A PARKING LOT AND
RECONFIGURATION OF A SOCCER FIELD ADJACENT
TO THE WEST ORANGE LIBRARY
P, 02/20
This Agreement is entered into by and between the City of South San
Francisco, a municipal corporation (hereinafter "City,") and dae South San Francisco
Unified School District (hereinafter "District.").
RECITALS
WHEREAS, the District owns land adjacent to the West Orange Library; and
WHEREAS, the parties desire to construct a parking lot upon the premises for
the joint use of the parties; aad
WHEREAS, the City desires to make certain improvements to a soccer field
adjacent to the premises;
WHEI~, the City and the District desire to enter into an agreement to
govern construction and maintenance of such improvements;
NOW, THEREFORE, the parties hereto agree as follows:
AGREEMENT
I. PREMISES. Real property owned by the District located at 825
Southwood Drive, South San F~ancisco, California, used as the adult education
school owned by District, measuring ninety-one (91) feet by ninety (90) feet,
adjacent to the West Orange Library as shown on Exhibit "A" attached hereto.
2. LICENSE. The District hereby grants to City a noncxdusive irrevocable
Iicen.qe to enter the premises for tile construction of a parking lot and all necessary
facilities and improvements upon the premises, and for the use of such parking lot
and improvements for the duration of the license. The construction of improvements
on the premi,es shall include, but is not necessarily limited to, a parking lot,
J: \ W P D~{'N I~S ~'~,05 \01 kAGREL~'k/LrN 08IVgOR-&NG E-AGT I
JUL-3~:98 FRI 15:36 MEYERS, NhVE, RIBhCK&SILV. FhX NO. 510 351 4481 P. 03/20
including new paving, striping, landscaping, lighting, and other improvements as
deemed necessary by the City and the District. The none×elusive irrevocable license
shall exist for a period of twenty (20) years from the date this Agreement is executed.
Upon termination of the license, the parties intend to enter into a Joint Powers
Agreement CJPA") to govern the cost and responsibility for the continued joint
ma/ntenance and use of the premises.
3. RIGHT OF ENTRY. The District hereby grants to City the right to enter
upon and have ingress and egress from a soccer field area owned by the District,
located adiacent to the premises, in order for the City to construct improvements and
reconflgure the soccer field. The reconfiguration is necessary to make room for the
parking lot improvements constructed under this Agreement. The right of entry shall
commence on September 1.1998, and shaJl terminate at such time as the City
notifies the Disuicc d~at the necessary improvements to the soccer field are complete.
In no event shall the right of entry last longer than one year. The plans and
specifications for the recortfiguration of the soccer field shall be subiect to inspection
and approval by the District.
;i. USE OF THE PREMISES. Each party shall have ac. cess to the parking lot
during such times as shall be mutually agreed upon by the City Librarian and the
principal of the school that operates on the District's property upon which the
premi.~e~ is located. The principal and librarian may annually renegotiate thc hours
of access to the premises. The parties shall h~v¢ ioint control and access of the gate
that services the prernises.
5. COST OF IMPROVEMENTS. Thc cost of the improvements will be
paid for by thc City using developer fees, grant funds, and/or other funding as
deemed appropriate by the City.
6. MAINTENANCE. Responsibility for maintenance of the improvements
constructed under this Agreement shall be the responsibility of the City. Said
responsibility slxall be &fined and described in a Master Maintenance Agreement
approved by the partie~ and thereafter made a part of this Agreement.
7. CITY AS LEAD AGENCY. The City shall be designated the lead agency
for said construction and maintenance of the improvements provided in this
Agreement. City shall prepare the plans and epedfications, shall award the bid, and
shall managc the project to its completion.
8. ASSIGNMENT PROHIBITED. No party to this Agreement may assign
any right or obligation pursuant to this Agreement. Any attempted or purported
J:\WPD\M NP, SW~O~01 ~-G 1~ i~ ~k,H.,~9 ~,WO ~GE-AOT 2
MEYERS, NRVE, RiBRCE&S[LV. FAX NO. bIU 35! 4481
JULy31-98 FRI 15:36
assigru~t of any right or obligation pursuant to this Agreement shall be void and of
no effect.
9. INSURANCE. a. General Liability - City agrees to maintain and pay
for a general liability policy, naming District, its officers and employees as additional
insureds and insmmg them against liability or financial loss resulting from iniurie$
occurring to persons or property, in or about or in connection with the work to be
performed under this Agreement. Each policy of Insurance. shall provide primary
coverage on an occurrence basis in a company satisfactory to District in the following
minimal amounts: personal iniury - $1,000,000 for each pcrson and $1,000,000 per
occurrence; property damage - $1,000,000 per occurrence. Each policy shall provide
that it shall not be canceled ~vithout 30 day's prior written notice to District. The
general liability policy shall provide (a) if District, its officers ot employees have other
imurance against thc loss covered by said policy said other insurance shall be ~xcess
insurance only, and (b) that District, its officers and employees are not precluded
from claim under said policy against other insured parties.
b. Workcrs Compensation - City agrees to comply with all State
requirements relating to workers compensation insurance and to provide the ~ame for
its employees.
c. Automobile Iiability- including comprehensive form, owned,
hired and non-owned, w/th a limit of $1,000,000 for bodily injury and property
damage combined.
d. City shall file certificates and endorsements of insurance with
District in a form satisfacto~ to District attorney upon execution of this Agreement
evidencing ~aid coverage and the requirements of this paragraph. The certificates and
endorsement shall contain a reference to the date and title of this Agreement..
10. INDEMNIFICATION. It is agreed that City shall defend, hold harmless,
and indemnify District, its officers, agents, and employees, from any and all claims
for injuries or damage to persons and/or prope~'3', which arise out of the terms and
c~)nditions of this Agrecment and which result from the negligent act or omissions of
City, its officers, agents, and/or employces.
It is furthcr agreed that District shall defend, hold harmless, and indemnify
City, its oificers, agents, and employces fwm any and all claims for injuries and/or
damages to persons and/or property which arise out of the terms and conditions of
this Agreement and which result from the negligent actg or omissions of District, its
officers, agents, and/or employees.
~:\WI'D~t N 8.5 W'x405\01XAGREE~ uNgg\'~/O~XNC, I~. AGT 3
~EYERS,NAVE, RIBACK&SILV, FAX NO, 510 351 4481 ?,05/20
JUL-3.1-gB FRI 15:37
The duty to indemnify and save harmless ~ set forth herein shall include the
duty to defend as set forth in section 2778 of the Califorllia Civil Code.
In the event of concurrent negligence of City, its officers, agents, and/or
entpIoyees, and District, its officers, agents, and/or employees, then the liability for
any and all claims for injuries or damages to persons and/or property which arise out
of terms and conditions of this Agreement shall be apportioned according to the
Califorrtia theory' of comparative negligence.
11. AMENDMENT. This Agreement may be amended o~' modified only by a
written agreement signed by bodx parties.
12. MEDIATION. Should any dispute arise out of this Agreement, the parties
shall meet and attempt to reach a resolution with the assistance of a mutually
acceptable mediator. Either party shall be permitted to file a legal action after
meeting in mediation and making a good faith attempt to reach a mediated
resolution. The costs of the mediator, if any, shall be shared equally by the parties.
If a mediated settlement is readaed, neither party shall be deemed the prevailing
party for purpose.~ of the settlement and each party shall bear its own legal costs.
I3. NOTICE, Any written notice to City shall be sent to:
City Manager
400 Grand Avenue
South San Frm~cisco, California 9~080.
Arty written notice tO District shall be sent to;
14. ADDITIONAL AGREEMENTS, Both parties to this Agreement
recognize that additional agreements between the parties may be necessary to fully
effectuate thc purpose of this Agreement. Both parties agree to provide all required
documents, permits, and approvals as necessary, to complete this project in a timely
lIlarliler.
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HEYERS,NAVE,RIBACK&SILV,
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1
~ecuted a~ of this. day of~
City of South San Frandsco,
a munidpa) corporation
,1998.
Michael & Wilson, City Manager
Atte3t.:
By:
Barbara Battaya, City Clerk
Approved as to Form
South San Francisco Unified School District
By:
Steven T. Mattas, City Attorney
By:
Approved as tO forlTt
By:
7:\ WPDklviN R~W~0 a\01 ~AG KEI~IUN 9~'xWORANGE.A OT
JUL-31-98 FRI 15:43 IIEYERS, NAVE, RIB~OK&SILV,
07/15/1995 10:~2 41587~2241
FAX NO, 510 351 4481
P. 20/20
~EYERS,~AVE, RIBACK&SILV. F'AX NO,
jUL-81-98 FRI 15:37
EXHIBIT A TO RESOLUTION NO. 108-98
AGREEMENT BF~TWEEN THE CITY OF SOUTH S~l'
FRANCISCO AND THE SOUTH SAN FRANCISCO
UNIFIED SCHOOL DISTRICT FOR
IMPROVEMENTS TO CLASSROOMS ADJACENT
TO THE SPRUCE GYMNASIUM
This Agreement is entered into by and between the City of South San
Francisco, a municip',d corporation existing under the laws of the State of California
("City") and the South San Francisco Unified School District ("District").
RECITALS
WHEREAS, the parties entered hxto a Development Agreement for Spruce
Gymnasium that was approved by the City on June 1 i, 1985; and
WI-tEREAS, the City and the District recognize a need for additional
educational and recreational facilities in the cornmmfity; and
WHEREAS, the City and the District desire to cooperate in the construction
and renovation of classroom t:adlities ad}acent to the Spruce Gymnasium to the
mutual benefit of each party; and
NOW, THEREFORE, the parties hereto agree as follows:
AGREEMENT
1. PREMISES. Those classrooms owned by District located adjacent to
the Spruce Gymnasium in the City of South San Francisco as shown on Exhibit A
attached hereto, located on the grounds of the Spruce Elementary School, 501
Spruce Avenue, South Sma Francisco, California.
2. IMPROVEMENTS. City shall have the exclusive right to design, inspect,
renovate, construct, and maintain classroom facilities on the premises. The City shall
comply with all statuto~ building requirements for construction or renovation of all
school classroom facilities including, but not limited to, the Field Act. City shall
obtain all inspections, approvals, and permits for construction of all school classroom
facilities. The improvements shall not extend to specified food storage facilities
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%UL-21-98 FRI 15:28
located on the premises that shall be maintained by District as a storage area.
improvements constructed pursuant to this Agreement shall be owned by the
District.
3. TERM, This Agreement shall commence on ,199R, and
shall contim~e for a period of fifteen (15) years, until. ,2013. The
City has the right to renew this Agreement for an additional fifteen (15) years,
provided that City give notice to the District at least six (6) months prior to the
termination of the original £dteen-year term, subiect to the District's right to enter
the premises as provided in Section 5 of this Agreement.
4. TERMINATION. The City shall have the exclusive right to design tire
imp~ovemems and inspect the premises, and, if prior to the commencement of
construction, the City determines that the cost of the improvements will exceed the
mount that thc City desires to expend for this proiect, the City ~hall have the right
to terminate this Agrcement by delivering written notice to the District. Upon such
termination, the City shall make any repairs necessary to mitigate any damage mused
by the inspecxion approved herein.
5. USE OF PREMISES. The City shall have exclusive right to control and
usc the improvements throughout the term of this Agreement for purposes of
recreation, day care, social services, and other uses as deemed appropriate by the
City. If, at any time during thc term of this Agreement, the District determines that
the improvements constructed under this Agreement are required tbr public school
classroom purposes, District shall have the exclusive right to enter the premises and
use the improvements for such purposes, provided that the District gives thc City at
least six (6) months' written notice and pays the reimbursement set forth in Section
6. In thc event that the District enters and takes ovcr only a portion of the
improvements, thc City's obligations under this Agreement shall bc prorated as
agreed by the parties at that time,
6. REIMBURSEMENT. In the event that the District takes over use of the
premtse_~ within the first fiftecn (15) years of this Agreement, the District shall
reimburse the City for one-Fifteenth (I/15) of thc cost to construct the improvement~
for each year remaining under the original term of this Agreement. If the District
takes over only a portion of the premises, the District shall reimburse the City o~xly
for the portion of the improvements taken by the District. If the District takes over
use of the premises during the renewal period (i.e. after the original fifteen-year term
has expired), District shall not be required to reimburse the City for the cost of
improvements.
JAMrPD\MNR.$'W\40$\01 ~,.AG P.~Ex~J UN98XSPRUCE.AGT
MEYERS, NAVE, RIBACK&SILV. FAX NO. 510 351 4481 P, Og?20
JUL-31-98 FRI 15:38
7. MAINTENANCE. Responsibility for maintenance of thc improvements
constructed trader this Agreement shall be the rcsponsib/lity of the City as long as die
City has exclusive use of the pre~ses. Said responsibility shall be defined and
described in a Master Maintcnmxce Agreement approved by the parties and thereafter
made a part of this Agreement.
In the event that tl~c District takes over use o£ all the improvements
constructed pursuant to this Agreement, as specified under Section 5 of this
Agreement, this Agreement shall terminate. In thc event that the District takes over
only a portion of the improvements, the responsibility for maintenaatcc under this
Agreement shall be proportionate to the use of the improvements by each party as
agreed by the parties at that time.
g. CITY AS LEAD AGENCY. The City .~halI be designatcd thc Icad agency
for said consm~ction and maintenance of the improvements provided in this
Agrccmcm. City shall prepare the plans and specifications, shall award the bid, and
shall manage the project to its completion. District agrees to provide the City and its
contractors access to the sire.
9. ASSIGNMENT. The City shall have the right to assign its fights and
obligations under this Agreemet~t to a third party, subject to consent by thc District
which shall not be tmreasonably withheld.
10. INSURANCE. a. General Liability - City agrees to maintai~ and pay
for a general liability policy, naming District, its officers and employees as additional
insureds and insuring them against liability or financial loss resulting from injuries
occurring to persons or property, in or about or in connection with d~¢ work to be
performed under this Agreement. Each policy of insurance shall provide primary
coverage on an occurrence basis in a company satisfactory to District in the following
minimal amounts: personal injury- $1,000.000 for each person and $1,000,000 per
occurrence; property damage - $1,000,000 per occurrence. Each policy shall provide
that it shall not be canceled without 30 day's prior ~'ri~ten notice to District. The
general liability policy shall provide (a) if District, its officers or employees have other
insu.rm~ce against the loss covered by said policy said other insurance shall bc excess
insurance only, and (b) that District, its officers and employees are not precluded
from claim under said policy against other insured parties.
b. Workers Compensation - City agrees to comply with all State
rcquircmer~rs relating to workers compensation insurance and to provide the same for
its employees.
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YIEYERS,NAVE, RIBACK&$ILV. FAX NO. 510 351 4481 P. lO/20
JUL-3.t-98 FRI 15:39
C. Automobile liability - including comprehensive form, or-ned,
hired and non-owned, with a limit of $1,000,000 for bodily miury and property
damage combined.
d. City shall file certificates and endorsements of insurance with
District in a form satisfactory to District attorney upon execution of this Agreement
evidencing said coverage and tke requirements of this paragraph. The certificates and
endorsement shall contain a reference to the date and tine of this Agreement.
11, INDEMNIFICATION. It is agreed that City shall defend, hold harmless,
and indemni .fy District, its officers, agents, and employeeg, from any and all claims
for injuries or damage to persons and/or property, which arise out of the terms and
conditions of this Agreement and which result from thc negligent act or omissions of
City. its officers, agents, and/or employees.
It is further agreed that District shall defend, hold haxmless, and indemnify
City, its officers, agents, and employees from any and all claims for injuries and/or
damages tn persons and/or property which arise out of the terms and conditions of
dxis Agreement and which result from the negligent acts or omissions of District, its
officers, agents, and/or employees.
The duty to indemnify and save harmless as set forth herein shall include the
duty to defend as set forth in section 277@ of the California Civil Code.
In the event of concurrent negligence of City, its officers, agents, and/or
employees, and District, its officers, agents, and/or employees, then the liability for
any and all claims for injuries or damages to persons and/or property which arise out
of terms and conditions of this Agreement shall be apportioned according to the
Califori~ia theory of comparative negligence.
12. AGREEMENT. This Agreement may be amended or modified only by a
written agreement signed by both parties.
13. MEDIATION. Should any dispute arise out. of this Agreement, the parties
shall meet in mediation and attempt to reach a resolution with the assistance of a
mutually acceptable mediator. Either party shall be permitted to file a legal action
after first meeting in mediation and making a good faith attempt to reach a mediated
resolution. Ihe costs of the mediator, if any, shall be shared equally by the parties.
If a mediated settlement is reached, neither party shall be deemed the prevailing
party for purposes of thc settlement and each party shall bear its own legal costs.
S:\WPD\M NP,,S V~4,qfix01 ~, OREI~k/L'Ngg~.q PRU'CE.AG T
FAX NO. 510 351 4481 P. 11/20
JUL~3t-98 FRI 15:39
~EYERS,NAVE,RIBACK&SIL%
14.
NOTICE. Any written notice to City shall be sent to:
City Manager
400 Grand Avenue
South San Francisco, Cali£omia 9't080.
Any written notice to District shall be sent to:
15. ADDITIONAL AGREEMENTS. Both pames to this Agreement
recognize that additional agreements between the parties may be necessary to fully
effectuate the purpose of this Agreement. Both parties agree to provide all required
documents, permits, and approvals as necessary so complete this project in a timely
J:\W~D~,NI~,$Wk,*0S t01%%G REEt,/UN98',$1~RUCti. AG T
JUL-S1-98 FRI 15:40
liEYERS,NAVE, RIBACK&SILV,
FAX NO, 510 351 4481
P, 12/20
Executed as of tiais
City of South San Francisco,
a municipal corporation
day of
· 1998.
By:
Michael A. Wilson, City Manager
Attest:
By:
Barbara Battaya, City Clerk
Approved as to Form
South San Francdsco Unified School District
Steven T. Mattas, City Attt;mey
By:
Approved as to Form
By:.
I:\WPDkMNRSW~O5\OI',AGREE',.IL~Pg~PRUCE.AGT
510 351 4481 ?.14/20
JUL-31-98 FR1 15:41
)iEYERS,~AVE, RIBACK&SILV,
EXHIBIT A TO RESOLUTION NO. 108-98
AGREEMENT BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE SOUTH SAN FRANCISCO
UNIFIED SCHOOL DISTRICT RELATING TO THE ALTA
LOMA MIDDLE SCHOOL PLAY AREA AND PARIrd1~G
LOT IMPROVEMENTS
This Agreement is entered into by and bet~veen the City of South San
Francisco, a municipal corporation (hereinafter "City") and the South San Francisco
Unified School District (hereinafter "District").
RECITALS
A. The District owns the Alta I, oma Middle School, I 16 Rortmcy Avenue,
South San Francisco, and the play areas that are located on this property.
B. The City and the District wish to cooperate in the construction of
improvements to the play areas at the Alta Loma Middle School.
NOW, THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
AGREEMENT
1. Premises. Real property owned by the District currently utilitized as
the Alta l_oma Middle School, 116 Ronmey Avenue, South San Francisco, California,
for renovations and improvement~ to existing ballfields and surrounding play area~,
and a parking lot subject to a bid alternate, as provided in this Agreement.
2. Term. This Agreement shall commence on ,1998. and
shall continue for a period of fifteen (15) years, until ,2013. The
City has an op6on to renew this Agreement for an acklitional fifteen (15) years,
provided that City provide notice to the District at least six (6) months prior to the
termination of the original fifteen-year term. The District may reasonably withhold
consent it: it determines that thc premises are required by the District for school
p~iposes.
3. Improvements. Thc City and the District agree to construct improvements
to the play areas at Alta t.oma Middle School as hereirmfter specified. During non-
school hours, the ballfields improved pur.~uant to this Agreement shall be available
for public use, to be scheduled by the City, for fifteen (I 5) years from completion of
j:\VCPD\MNRSWW, OSVOI~AOREE~.IAVOfaALTALOMA.AGR
MEYERS, NflVE, RIB~¢K&$ILV, FfiX NO, 510 351 4481 P, 15/20
JUL-31-g8 FRI 15:41
the ballfield improvements. During normal sdaool hours, the District shall have
exclusive right to use tl~e ballfields.
'~. City aq Lead Agency. Thc City sha/l be designated the lead agency for saXd
construction and shall prepare the plans and spccificacions, shall award the bid, and
shall manage the proiect to its completion.
5. D_escr/ption of improvements. All improvements constructed pursuant to
this Agreement shall be turned by the District. The improvements to the play areas
shali include the following:
a. Renovations to the exming balLqclds, including grading, drainage,
irrigation, turf, landscape, bleachers, back stops, and other renovations as deemed
necessa ,ry by the City and the District.
b. Renovations to the existing asphalt area, including new basketball
standards, striping, picnic tables, turf, and other renovations as deemed necessary by
the City and the District.
6. Cost of Improvements. The cost of these improvements, estimated to
be approximately $.500.000, will be paid for by die City using developer fees, grant
funds, and/or other tuncung as deemed appropriate by the City,
7. ~Bid Alternate. In bidding this pro{cox, the City shall also include a bid
alternate for the construction of a parking lot on Alta Loma Middle School ground~
to provide additional parking during non.school hours for members of the general
public who will be utilizing the Alta Loma Middle School play areas or Alta Loma
Park. The parking lot would be available for usc by the Alta Ix)ma Middle School
during normal school hours. It shall be within the discretion of the Disuict as to
whether to acccpt thc bid made orl the bid alternate. Should the District choose to
accept the bid made on the bid alternate thc District shall be responsible for fully
reimbursing the City/bt the bid price.
8. Maintenance. Responsibility for maintenance of the improvements
constructed under this Agreement shall be the responsibility of the City. Said
responsibility shall be defined and described in a Master Maintenance Agreement
approved by the parties and thereafter made a part of this Agreement.
9. Scheduligg. During non-school hours, the City shall have thc responsibility
of scheduling the use of thc ballfields. During normal school hours, the District shall
have the responsibility of scheduling the use of thc ballfields.
.r;\Wl' D~M NRSW'~01 ~.GKEE~IAY98~LTALOM ,', .A GR ~
JUL-21-~t~
D~y~KS, N~V~,KI~UK&SILV, DfiX NU. blU ~bl 44~1
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10. Assignment Prohibited. No party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any atteanpted or purported
assignment of any right or obligation pursuant to thia Agreement shall be void and of
no elf cox.
i I. Insurance. a. General Liability - City agrees to maintain and pay
for a gerleral liability policy naming District, its officers and employees as additional
insureds and insuring them against liability or financial loss resulting from injuries
occurring to persons or property, in or about or in connection with the work to be
pexformed under this Agreement. Each policy of iIlsuranee shall provide p~rnary
coverage on an occurrence basis in a company satisfacto~ to District in the following
minimal amotmts: personal injury- $1,000,000 for each pc~on and $1.000,000 per
occurrence; property damage - $1,000,000 per occalrrence. Each policy shall provide
that it shall not be canceled without 30 day's prior written notice to District. The
general liability policy shall provide (a) if District, its officers or employees have other
insurance against the loss covered by said policy said other insurance shall be excess
insurance only, and (b) that District, its officers and employees are not precluded
from claim under smd policy against other insured parties.
b. Workers Compensation - City agrees to comply with all State
requirements relating to workers compensation iasurance and to provide the same for
its employees.
c. Automobile liability - including comprehensive form, owned,
hired and non-owned, with a limit of $1,000,000 for bodily injury and property
damage combined.
d. City. shall file certificates and endorsements of insurance with
District in a form satisfactory to District attorney upon execution of fids Agreement
evidencing said coverage and the requirements of this paragraph. The certificates and
endorsement shall contain a reference to thc date and title of this Agreement.
12..Indemnification. It is aRceed that City shall defend, hold harmless, and
indemnify District, its officers, agents, and employees, from any and all claims for
injuries or daanage to pezsons and/or property, which arise out of the terms and
conditions of this Agreement attd which result f~om the negligent act or omissions of
City, its officers, agents, and/or employees.
It is further agreed that District shall defend, hold harmless, and indemni .fy
City, its officers, agents, and employees from any and ali claims for injuries and/or
damages to persons arid/or property which arise out of d~e terms and conditions of
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JUL-31-98 FRI 15:42
liEYERS, NAVE,RIBACK&SILV. FAX NO. 510,351 4481
?, 1Y/20
tkis Agreement and ~vhich result from the negligent acts or omissions of District, its
officers, ageatts, and/or employees.
The duty to indemnify and save harmless as set forth hercin shall include the
duty to defend as set forth in section 2778 of the California Civil Code.
In the event of concurrent negligence of City, its officers, agents, and/or
employees, and District, its officers, agents, and/or employees, then the liability for
any and all claims for injuries or damages to persons and/or property which arise out
of terms and conditions of this Agreement shall be apportioncd according to the
California theory of comparative negligence.
13. Amendment. This Agreement may be amended or modified only by a
written agreement signed by both parties.
14. Mediation. Skouid any dispute arise out of tiffs Agreement, the parties
shall meet and attempt to reach a resolution with the assistance of a mutually
acceptable mediator. Eirhex party shall be permitted to file a legal action after first
meeting in mediation and making a good faith attem[2t to reach a mediated
resolution. The costs of the mediator, if any, shall be shared equally by the parties.
If a mediated settlement is reached, neither party shall be deemed the prevailing
party for purposes of the settlement and each party shall bear its own legal costs.
15. Notic.~__~e. Any written notice to City shall he sent to:
City Manager
400 Grand Avenue
South San Francisco, California 9~t080.
Any written notice to District shall be sent to:
16. Additional Agreements. Both parties to this Agreement recognize that
additional agreements between the parties may be necessary to fully effectuate the
purpose of this Agreement. Both parties agree to provide all required documents,
permits, and approvals as necessary to complete this project in a timely manner.
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MEYERS,NAVE,RIBACK&SILV, FAX NO. 510 351 4481 P. 18/EU
JUL-31-98 FRI 15:43
Executed as of LILis
City of South San Francisco,
a municipal corporation
day of
,1998.
Michael A. Wilson, City Manager
Attest:
By.'
Barbara Battaya, City Clerk
Approved as to Form
South San Francisco Unified School District
By:
Stev~n T. Mattas, City Attorney
By:_
Approved as to Form
By:
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