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HomeMy WebLinkAboutExhibit BCOUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT B — VEHICLE USAGE AND INSURANCE & BONDING REQUIREMENTS This AGREEMENT is made by the COUNTY OF SAN DIEGO, HHSA, AGING & INDEPENDENCE SERVICES, herein called "AIS" and City of National City, called "Contractor." WHEREAS, Contractor desires to take possession from AIS, the fo[lowing vehicles for its use under Contrac: Number 547767: 1. 2004 Ford Ranger Hotshot; VIN#1FTYR11U24PB03143; License#1156571; County ID#338 2. 2008 Ford Ranger Hotshot; VIN#1FTYR10U78PB01735; License#1315992; County [D#356 3. 2013 Ford F-150 Hotshot; VIN#1FTMF1CM5DFC14067; License#1413787; County ID#381 AIS agrees to provide County Identification Numbers, subject to the requirements set forth below and AIS' grant/contract with our funding source, enabling Contractor to provide transportation services for seniors. NOW THEREFORE, AIS and Contractor agree as follows: 1. The vehicles shall be registered "San Diego County Aging & Independence Services" as the lien holder, and Contractor AND San Diego County Aging & Independence Services as registered owners. 2. Contractor shall be solely responsible for all maintenance, repair and proper usage of the vehicles, in accordance with the manufacturer's requirements and standards. Contractor is responsible for all repairs necessary as a result of normal operating usage and/or accident. Records of all maintenance and repairs will be maintained and made available to AIS upon request. 3. Contractor shall utilize the vehicles only for the purpose of transporting seniors to the congregate site/home-delivered meals to seniors and further uses as specified in the contract and/or addendum to this agreement. Any other use of these vehicles requires AIS written approval. 4. Contractor shall operate the vehicles only within the geographical San Diego County boundaries. Any requests to make outside trips must be submitted in writing to AIS for review before the trip is taken. 5. That, when possible, Contractor shall coordinate with other senior providers to maximize the availability of transportation to seniors. 6. That Contractor shall comply with all rules and regulations of the State of California Department of Motor Vehicles regarding the public transportation of passengers. 7. That AIS vehicles and all advertisement regarding the vehicles identify the County of San Diego, Aging & Independence Services as the provider of the vehicles. The AIS logo must be maintained, remain free of obstruction and clearly visible. Any damage to the logo must be repaired within (30) days at Contractor's expense. 8. That Contractor shall report to the County of San Diego, Aging & Independence Services within twenty-four (24) hours, any accidents in which the vehicles are involved, within ten (10) working days Contractor must submit a written report to AIS which includes a copy of the police report, the amount of damage and the steps to be taken by the Contractor to repair or replace the vehicles. 9. That on or before September 1, and on or before that date of each succeeding year in which the vehicles are used, Contractor shall file a report with AIS consisting of the vehicles log, the. Exhibit 13 — Vehicle Usage and Insurance & Bonding Requirements Contract # 547767 City of National City Page 1 of 4 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT B — VEHICLE USAGE AND INSURANCE & BONDING REQUIREMENTS vehicles maintenance record, and a general summary of the current condition and use of the vehicles and the current location at which the vehicles are being utilized. 10. That Contractor shall notify AIS immediately if the vehicles are stolen or otherwise not in Contractor's possession. 11. When Contractor determines they no longer can utilize the vehicles for their stated purposes, Contractor shall immediately contact AIS in writing and AIS will determine the vehicle's disposition. If it is determined that the vehicles are to be disposed of, Contractor shall be responsible for returning the vehicles to AIS, as directed by AIS staff. 12. That Contractor shall make available the vehicles for inspection to AIS or a County designee requested by AIS. 13. Contractor agrees to place AIS vehicle identification number decals on the vehicles as instructed. The identification numbers are to remain free of obstruction and if damaged shall be replaced at Contractor's expense within thirty (30) days. 14. Within thirty (30) days written notification, via Unilateral Amendment, County may terminate the provisions specific to vehicle possession and usage included in Exhibit B. ARTICLE 1 INSURANCE REQUIREMENTS FOR CONTRACTORS Without limiting Contractor's indemnification obligations to County, Contractor shall provide at its sole expense and maintain for the duration of this contract, or as may be further required herein, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the Contractor, his agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Commercial General Liability, Occurrence form, Insurance Services Office form CG0001. B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA0001. C. Automobile Physical Damage providing ACV Comprehensive and Collision on Program vehicles. D. Workers' Compensation, as required by State of California and Employer's Liability Insurance. 2. Minimum Limits of Insurance Contractor shall maintain limits no less than: A. Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Contractors Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be $2,000,000. B. Automobile Liability: $1,000,000 each accident for bodily injury and property damage. C. Automobile Physical Damage: Coverage shall include a Loss Payable clause to the County of San Diego. Maximum deductible of $2,500 per occurrence C. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego. Exhibit B — Vehicle Usage and Insurance & Bonding Requirements Contract N 547767 City of National City Page 2 of 4 COUNTY CONTRACT NUMBER 547767 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT B — VEHICLE USAGE AND INSURANCE & BONDING REQUIREMENTS 3. Deductibles and Self -Insured Retentions Any deductible or self -insured retention must be declared to and approved by County Risk Management. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the County guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 4. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: A. Additional Insured Endorsement Any general liability policy provided by Contractor shall contain an additional insured endorsement applying coverage to the County of San Diego, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. B. Primary Insurance Endorsement For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C. Notice of Cancellation Notice of Cancellation shall be provided in accordance with policy provisions. D. Severability of Interest Clause Coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds. General Provisions 5. Qualifying Insurers All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating guide, or a company of equal financial stability that is approved in writing by County Risk Management. 6. Evidence of Insurance Prior to commencement of this Contract, but in no event later than the effective date of the Contract, Contractor shall furnish the County with certificates of insurance and amendatory endorsements effecting coverage required by this clause. Renewal certificates and amendatory endorsements shall be furnished to County within thirty days of the expiration of the term of any required policy. Contractor shall permit County at all reasonable times to inspect any required policies of insurance. 7. Failure to Obtain or Maintain Insurance; County's Remedies Contractor's failure to provide insurance specified or failure to furnish certificates of insurance and amendatory endorsements or failure to make premium payments required by such insurance, shall constitute a material breach of the Contract, and County may, at its option, terminate the Contract for any such default by Contractor. 8. No Limitation of Obligations Exhibit B — Vehicle Usage and Insurance & Bonding Requirements Contract # 547767 City of National City Page 3 of 4 COUNTY CONTRACT NUMBER 54776'7 COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT B — VEHICLE USAGE AND INSURANCE & BONDING REQUIREMENTS The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification. 9. Review of Coverage County retains the right at any time to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. T0. Self -Insurance Contractor may, with the prior written consent of County Risk Management, fulfill some or all of the insurance requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to utilize such self-insurance if in the opinion of County Risk Management, Contractor's (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the lack of other insurance coverage required by this Contract. Contractor's utilization of self-insurance shall not in any way limit liabilities assumed by Contractor under the Contract, IT. Subcontractors' Insurance Contractor shall require that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractors coverage does not comply with the foregoing provisions, Contractor shall defend and indemnify the County from any damage, loss, cost or expense, including attorney fees, incurred by County as a result of Subcontractors failure to maintain required coverage. 12. Waiver of Subrogation Contractor and County release each other, and their respective authorized representatives, from any Claims (as defined in the Article entitled "Indemnity" of the Contract), but only to the extent that the proceeds received from any policy of insurance carried by County or Contractor, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of insurance provided by Contractor hereunder shall be a standard waiver of rights of Subrogation against County by the insurance company issuing said policy or policies. Exhibit B — Vehicle Usage and Insurance & Bonding Requirements Contract 4 547767 City of National City Page 4 of 4