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8oWN o< ioS sA�os COUNCIL AGENDA REPORT DATE: December 5, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 12/16/13 ITEM NO: 8 SUBJECT: AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH SANTA CLARA STADIUM AUTHORITY AND CITY OF SANTA CLARA THAT SETS FORTH TERMS AND CONDITIONS UNDER WHICH TOWN POLICE OFFICERS MAY BE AUTHORIZED TO WORK AS RESERVE OFFICERS FOR THE CITY OF SANTA CLARA AT THE NEW LEVI STADIUM RECOMMENDATION: Authorize Town Manager to execute an agreement with Santa Clara Stadium Authority and City of Santa Clara that sets forth terms and conditions under which Town Police Officers may be authorized to work as Reserve Officers for the City of Santa Clara at the new Levi Stadium. BACKGROUND: The Santa Clara Stadium Authority is a public entity created by the City of Santa Clara to construct and own the new Levi Stadium in the City of Santa Clara. Beginning in 2014, the stadium will be the home of the San Francisco 49ers. In addition to football games, the stadium will host a variety of other events including other sporting events and concerts. The stadium is expected to need security personnel for football games and special events in numbers well beyond what the City of Santa Clara can provide with their own personnel. The City of Santa Clara and the Stadium Authority have been working to develop a mechanism to allow for the use of police officers from the region, primarily Santa Clara County, to supplement Santa Clara's officers. The alternative that has been chosen is called "double - badging" in which a police officer of another local agency, with the approval of his/her chief, is also appointed to the City of Santa Clara as a reserve police officer. The reserve officers from the Town of Los Gatos would be trained and supervised by Santa Clara Police Department staff for Stadium events. Reviewed by: Assistant Town Manager Town Attorney PAGE MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH SANTA CLARA STADIUM AUTHORITY AND CITY OF SANTA CLARA THAT SETS FORTH TERMS AND CONDITIONS UNDER WHICH TOWN POLICE OFFICERS MAY BE AUTHORIZED TO WORK AS RESERVE OFFICERS FOR THE CITY OF SANTA CLARA AT THE NEW LEVI STADIUM December 5, 2013 When working at the stadium as a reserve officer, such officers would wear the uniform and abide by the rules of the City of Santa Clara, although the officers would be required to use their Town "safety equipment" which includes a firearm, taser, baton, chemical spray, duty belt, and vest. State law permits police officers to be police officers in more than one agency at a time; a practice more common in Southern California than Northern California. The Town of Los Gatos retains priority over the assignment of an officer and can refuse to allow an officer to work for the second agency when needed for Town special events, disasters or to cover shortages in staffing. Under existing Town personnel rules, a discretionary outside work permit would be required of any officer seeking reserve employment with the City of Santa Clara. The police chiefs in Santa Clara County support this approach to provide security to Levi Stadium. Use of officers from throughout the region ensures a sufficiently large resource of officers to staff the various events while not overtaxing any single agency or requiring limited double - badged officers to work every event. The Town's Police Department anticipates that a small number of officers from Los Gatos will request to participate in this program. The cities of Campbell and Morgan Hill already approved this agreement. The cities of Mountain View, Palo Alto, Milpitas, and Gilroy will consider approval of the agreement as well. The cities of Sunnyvale and San Jose are expected to establish their own specific agreement with the City of Santa Clara, as opposed to using the "double badging" method, due to their relationship with Santa Clara and proximity to the stadium. DISCUSSION: The attached agreement sets forth the terms and conditions under which Los Gatos officers and other local agencies would allow their officers to be hired by City of Santa Clara as reserve officers to be assigned duties at the stadium. The main points of the Agreement include the following terms: 1. The Officer's duties to the Town Police Department will take priority over any reserve assignment with Santa Clara; 2. Town Officers will also be hired by City of Santa Clara and serve as reserve officers assigned to the stadium. The officers will wear a Santa Clara uniform and badge, but will use their own duty belt, firearm, taser, baton, chemical spray and vest issued by the Town of Los Gatos. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH SANTA CLARA STADIUM AUTHORITY AND CITY OF SANTA CLARA THAT SETS FORTH TERMS AND CONDITIONS UNDER WHICH TOWN POLICE OFFICERS MAY BE AUTHORIZED TO WORK AS RESERVE OFFICERS FOR THE CITY OF SANTA CLARA AT THE NEW LEVI STADIUM December 5, 2013 3. The City of Santa Clara and the Stadium Authority will indemnify and defend the Town of Los Gatos for any losses or damages arising out of any civil claims or lawsuits involving a Town police officer while on duty at the stadium. 4. The City of Santa Clara and the Stadium Authority will provide insurance coverage and name the Town of Los Gatos as an additional insured to cover any losses or damages arising out of this agreement; In the event that an officer from Los Gatos is injured while on duty working for Santa Clara, the officer's injuries would be covered by Santa Clara. The officer would receive disability pay in an amount less than the officer's full pay at Los Gatos. That issue is not a Town matter, but rather a decision for the officer to weigh prior to accepting a Santa Clara assignment. The Agreement would not cover or reimburse the Town for costs incurred by Los Gatos to pay someone else to cover shifts /assignments in the event that our officer cannot report for duty in Town. Any permanent disability claims arising out of an injury received during their work at Santa Clara would be resolved according to current workers' compensation law. The Santa Clara Police Department conducted a review of injuries to security personnel across stadiums throughout the United States and determined that the incidence of injury from security assignments is low. The proposed agreement tries to minimize risks from litigation and liability, and also explicitly affirms the Towns authority to limit officer employment with Santa Clara as deemed necessary for Town needs. The Town might benefit from this agreement through Los Gatos police officer training, networking, and compensation, as well as participation in needed security for regional events attended by many Los Gatos residents as well. CONCLUSION: Authorize the Town Manager to execute an agreement with Santa Clara Stadium Authority and City of Santa Clara that sets forth terms and conditions under which Town of Los Gatos -Monte Sereno Police Officers may be authorized to work as Reserve Officers for the City of Santa Clara at the new Levi Stadium. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH SANTA CLARA STADIUM AUTHORITY AND CITY OF SANTA CLARA THAT SETS FORTH TERMS AND CONDITIONS UNDER WHICH TOWN POLICE OFFICERS MAY BE AUTHORIZED TO WORK AS RESERVE OFFICERS FOR THE CITY OF SANTA CLARA AT THE NEW LEVI STADIUM December 5, 2013 ENVIRONMENTAL ASSESSMENT: The action is not a project defined under CEQA and no further action is required. FISCAL IMPACT: The Agreement does not have any identifiable or recurring costs to the Town. The agreement seeks to limit litigation risks and liability for the Town, but does not ensure replacement staffing costs for long term employee absence or disability. Attachment: 1. Agreement for Indemnity AGREEMENT by and between the SANTA CLARA STADIUM AUTHORITY, CITY OF SANTA CLARA, and the CITIES OF CAMPBELL, GILROY, MILPITAS, MORGAN HILL, MOUNTAIN VIEW and PALO ALTO, and the TOWN OF LOS GATOS FOR INDEMNITY PREAMBLE This agreement for indemnity ( "Agreement ") is made and entered into on this day of 2013, ( "Effective Date ") by and between the Santa Clara Stadium Authority, a Joint Powers Authority, with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ( "Authority "), the City of Santa Clara, a chartered municipal corporation, located at 1500 Warburton Avenue, Santa Clara, California 95050 ( "Santa Clara "), the City of Campbell, a municipal corporation, located at 70 N. First Street, Campbell, California 95008 ( "Campbell'), the City of Gilroy, a chartered municipal corporation, located at 7351 Rosanna St., Gilroy, California 95020 ( "Gilroy "), the City of Milpitas, a municipal corporation, located at 455 E. Calaveras Blvd., Milpitas, California 95035 ( "Milpitas "), the City of Morgan Hill, a municipal corporation, located at 17575 Peak Ave., Morgan Hill, California 95037 ( "Morgan Hill'), the City of Mountain View, a chartered municipal corporation, located at 500 Castro St., Mountain View, California 94039 ( "Mountain View "), the City of Palo Alto, a chartered municipal corporation, located at 250 Hamilton Ave., Palo Alto, California 94301 ( "Palo Alto "), and the Town of Los Gatos, located at 110 E. Main St., Los Gatos, California 95030 ( "Los Gatos ") (Campbell, Gilroy, Milpitas, Morgan Hill, Mountain View, Palo Alto, and Los Gatos may be collectively referred to herein as "Agencies" and individually as an "Agency "). Authority, Santa Clara and Agency may be referred to individually as a "Party" or collectively as the "Parties" to this Agreement." RECITALS A. Authority and Santa Clara agrees to provide indemnity and insurance coverage to Agency regarding the performance of the law enforcement functions described herein. B. Agency is agreeable to allow its off -duty police officers to participate in such law enforcement services pursuant to the terms and conditions set forth in this Agreement. The Parties agree as follows: AGREEMENT PROVISIONS 1. DOUBLE BADGING OF OFFICERS. A. Santa Clara and Authority require supplemental special detail law enforcement services for events taking place at the new Santa Clara Levi Stadium ( "Stadium ") site and surrounding areas during the term of this Agreement. Santa Clara will be hiring off -duty law enforcement officers from other local agencies, including Agencies, as City of Santa Clara Police Reserve Officers. These officers will be Reserve Police Officers of the City of Santa Clara in accordance with the Santa Clara Police Department Operations Manual, General Order 16.3 or any other applicable order. AGREEMENT FOR INDEMNITY ATTACHMENT Page 1 of 1 The Reserve Police Officers will be issued badges and uniforms by the City of Santa Clara. B. Santa Clara is authorized to and does hereby provide consent, pursuant to Penal Code section 830.1(a)(2), for any Agency peace officer providing services hereunder to exercise full peace officer authority within Santa Clara's jurisdiction. C. Reserve Police Officers from Agency will be using their home Agency equipment including firearms, vests, duty belts, and tasers. Communication devices (radio) shall be provided by Santa Clara. D. Subject to the terms and provisions of this Agreement, Agency shall allow its police officers to serve as City of Santa Clara Reserve Officers for the purposes described in this Agreement when off -duty from their assignments with the Agency. Agency also authorizes them to use the Agency equipment described in paragraph C of this section, subject to the terms and provisions of this Agreement. E. The Parties understand and agree that the officers' duties and assignments to Agency shall have priority over any assignments as a City of Santa Clara Reserve Officer, and that the Agency may recall the officer for duty to the Agency at any time, without prior notice to Santa Clara or the Authority. However, Agency will cooperate in good faith to avoid any scheduling conflicts. F. The Parties further understand and agree that while serving as a City of Santa Clara Reserve officer, the officer will be under the supervision of the City of Santa Clara Police Department. 2. HOLD AGENCY HARMLESS. Agency shall not be responsible for any act or omission of its law enforcement officer(s) while serving as a City of Santa Clara Reserve Officer or the act or omission of law enforcement officers from other Agencies pursuant to this Agreement.. To the extent permitted by law, Santa Clara and Authority agree to indemnify, protect, defend with counsel reasonably acceptable to Agency and hold harmless Agency, its Council, officers, employees, volunteers and agents from and against any claim, action, injury, liability, loss, cost, and /or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim, arising from, or alleged to arise from any negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the performance of the services by Agency, its employees, officers or agents or the use of Agency equipment under this Agreement, except for any claim, injury, liability, loss, cost, and /or expense or damage directly and proximately caused by the sole and active negligence or willful misconduct of Agency. The provisions of this section are intended to fully allocate all responsibility between the Parties for claims, demands, actions or suits brought by any third party concerning the services contemplated under this Agreement. Neither Santa Clara nor the Authority shall have any rights in law or equity, or otherwise, to any indemnity or contribution from Agency for matters covered by this section. Page 2 of 2 AGREEMENT FOR INDEMNITY In the event of a dispute between and /or Authority and any Agency, or if an Agency employee is named in an action due to service as a Santa Clara Reserve Officer, the other Agencies named in this Agreement are not necessary parties and need not be named or involved as parties to that dispute. 3. INSURANCE. During the term of this Agreement, Santa Clara and Authority shall purchase, and maintain in full force and effect, at least the following insurance policies: A. Commercial general liability insurance; B. Comprehensive automobile injury insurance (bodily injury and property damage) with respect to employees and vehicles assigned to the performance of work pursuant to this Agreement; C. Workers' compensation, employer's liability, if required by law; and, Santa Clara and Authority shall, during the term of this Agreement, and at no expense to Agency, maintain the insurance policies, with limits of coverage, endorsements and with the required certificates as set forth in the attached Exhibit "A" entitled "Insurance Requirements." The scope and form of each respective insurance coverage shall be subject to approval of Agency's City Attorney's Office so that the protection afforded to Agency by Santa Clara and Authority with respect to this Agreement will be accomplished. Agency must approve all insurance coverages and carriers prior to commencement of work under this Agreement. Santa Clara and /or Authority may elect to self - insure with written notice of such self - insurance provided to Agency(ies). 4. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by the Parties and shall terminate June 30, 2016, unless terminated sooner or extended in whole or in part as provided for herein. 5. TERMINATION. A. Any Party may terminate this Agreement as to that Party with or without cause by giving not less than sixty (60) days advance written notice to the other Parties. A termination by one Party other than Santa Clara or the Authority shall not terminate this Agreement as to the remaining Parties. A termination of this Agreement by Santa Clara or the Authority shall terminate this Agreement as to all Parties hereto. B. Notwithstanding the foregoing, Agency may terminate the Agreement on at least twenty (20) days advance notice, or less in the event of exigent circumstances, if Agency concludes that there are insufficient personnel to provide the agreed upon services and still perform other Agency duties as solely determined by Agency in its unfettered discretion. Page 3 of 3 AGREEMENT FOR INDEMNITY C. In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination. The duty to hold harmless, indemnify, protect, and defend in accordance with Section 2 above shall survive termination of this Agreement. 6. NOTICES. All notices to the Parties shall, unless otherwise requested in writing, be sent and addressed as follows: Santa Clara Stadium Authority Attention: Executive Director 1500 Warburton Avenue Santa Clara, CA 95050 Fax: (408) 241-6771 And to Santa Clara as follows: City of Santa Clara Attention: City Manager 1500 Warburton Avenue Santa Clara, CA 95050 Fax: (408) 241-6771 And to Agencies addressed as follows: Campbell: City Manager 70 N. First Street Campbell, CA 95008 Fax: (408) 374-6889 Gilroy: City Administrator 7351 Rosanna Street Gilroy, CA 95020 Fax: (408) 846-0500 Los Gatos: Town Manager 110 E. Main St. Los Gatos, CA 95030 Fax: (408) 399-5786 Milpitas: City Manager 455 E. Calaveras Blvd. Milpitas, CA 95035 Fax: (408) Page 4 of 4 AGREEMENT FOR INDEMNITY Morgan Hill: City of Morgan Hill 17575 Peak Avenue Morgan Hill, CA 95037 Attn: City Manager or Chief of Police Fax: (408) Mountain View: City Manager 500 Castro St. Mountain View, CA 94039 Fax: (650) Palo Alto: City Manager 250 Hamilton Ave. Palo Alto, CA 94301 Fax: (650) The workday that a facsimile is sent shall control the date notice was deemed given if there is a facsimile machine generated document on the date of transmission. A facsimile transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday. LAW GOVERNING CONTRACT AND VENUE. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara. 8. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which in the aggregate shall constitute one and the same instrument; and the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties. [Signatures follow on next pages.] The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. Page 5 of 5 AGREEMENT FOR INDEMNITY CITY OF SANTA CLARA, CALIFORNIA, a chartered California municipal corporation APPROVED AS TO FORM: RICHARD E. NOSKY, JR. City Attorney ATTEST: ROD DIRIDON, JR. City Clerk APPROVED AS TO FORM: JULIO J. FUENTES City Manager 1500 Warburton Avenue Santa Clara, CA 95050 Telephone: (408) 615 -2210 Fax: (408) 241 -6771 "SANTA CLARA" SANTA CLARA STADIUM AUTHORITY a Joint Powers Authority RICHARD E. NOSKY, JR. Authority Counsel ATTEST: ROD DIRIDON, JR. Secretary AGREEMENT FOR INDEMNITY JULIO J. FUENTES Executive Director 1500 Warburton Avenue Santa Clara, CA 95050 Telephone: (408) 615 -2210 Fax: (408) 241 -6771 "AUTHORITY" Page 6 of 6 City of Campbell G MARK LINDER City Manager 70 N. First Street Campbell, California 95008 Telephone: (408) 866 -2125 Fax: (408) 374-6889 APPROVED AS TO FORM: LINDA A. CALLON City Attorney ATTEST: SHAWNA FREELS City Clerk Town of Los Gatos Greg Larson, Town Manager Approved as to Form: Judith J. Propp, Town Attorney Approved as to Form: "CAMPBELL" "GILROY" "LOSGATOS" WILLIAM R. SELIGMANN City Attorney THOMAS J.HAGLUND City Administrator 7351 Rosanna Street Gilroy, California 95020 Telephone: (408) 846 -0202 Fax: (408) 846-0500 Page 7 of 7 AGREEMENT FOR INDEMNITY APPROVED AS TO FORM: MICHAEL J.OGAZ City Attorney "MILPITAS" Approved as to Form: RENEE A. GURZA City Attorney THOMAS C. WILLIAMS City Manager 455 E. Calaveras Blvd. Milpitas, CA 95035 Telephone: (408) 586 -3050 Fax: (408) 586 -3056 STEVE PANGELINAN Chief of Police 1275 North Milpitas Blvd. Milpitas, CA 95035 Telephone: (408) 586 -2426 Fax: (408) 586 -2492 CITY OF MORGAN HILL a California general law municipal corporation By: STEVE RYMER Its: City Manager "MORGAN HILL" AGREEMENT FOR INDEMNITY Page 8 of 8 APPROVED AS TO FORM: Jannie L. Quinn City Attorney FINANCIAL APPROVAL: Patty J. Kong Finance and Director ATTEST: Lorrie Brewer City Clerk Administrative Services CITY OF PALO ALTO City Manager James Keene CITY OF PALO ALTO Police Chief Dennis Burns APPROVED AS TO FORM In Assistant City Attorney City of Palo Alto Daniel H. Rich City Manager City of Mountain View 500 Castro Street Mountain View, CA 94041 Telephone: 650- 903 -6301 Fax: 650- 962 -0384 "MOUNTAIN VIEW" "PALO ALTO" 1: \49em \STADIUM AUTHORITY \Caw Enforcetnent Security Agreements \CITY SANTA CLARA INDEMNITY AGREEMENT FINAL.doc Page 9 of 9 AGREEMENT FOR INDEMNITY AGREEMENT FOR INDEMNITY AND INSURANCE EXHIBIT "A" INSURANCE REQUIREMENTS Santa Clara and Authority, and subcontractor(s), if any, shall purchase and maintain the insurance policies set forth below on all of its operations under this Agreement at its /their sole cost and expense. Such policies shall be maintained for the full term of this Agreement and the related warranty period (if applicable). For purposes of the insurance policies required under this Agreement, the term "Agency" shall include the duly elected or appointed council members, commissioners, officers, agents, employees, and volunteers of the Agency (city), California, individually or collectively. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES. The following policies shall be maintained with insurers authorized to do business in the State of California and shall be issued under forms of policies satisfactory to the Agency: A. COMMERCIAL GENERAL LIABILITY INSURANCE POLICY ( "CGL"). Policy shall include coverage at least as broad as set forth in Insurance Services Office (herein "ISO ") Commercial General Liability coverage (Occurrence Form CG 0001) with policy limits not less than the following: $2,000,000 each occurrence (combined single limit); $2,000,000 for personal injury liability; $4,000,000 aggregate for products- completed operations; and, $4,000,000 general aggregate applying separately to this project. B. BUSINESS AUTOMOBILE LIABILITY POLICY ( "BAL "). Policy shall include coverage at least as broad as set forth in Insurance Services Office Business Automobile Liability coverage, Symbol I "Any Auto" (Form CA 0001). This policy shall include a minimum combined single limit of not less than one million ($1,000,000) dollars for each accident, for bodily injury and /or property damage. C. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY ( "WC /EL "). (A Workers' Compensation Policy is required.) These policies shall include at least the following coverages and policy limits: 1. Workers' Compensation insurance as required by the laws of the State of California; and 2. Employer's Liability insurance with coverage amounts not less than one Page 10 of 10 AGREEMENT FOR INDEMNITY million ($1,000,000) dollars each accident/Bodily Injury (herein "BI "); one million ($1,000,000) dollars policy limit BI by disease; and, one million ($1,000,000) dollars each employee BI by disease. 2. DEDUCTIBLES AND SELF - INSURANCE RETENTIONS. 3. Any deductibles and /or self - insured retentions which apply to any of the insurance policies referred to above shall be declared in writing by Santa Clara and or Authority and approved by the Agency before work is begun pursuant to this Agreement. At the option of the Agency, Santa Clara shall either reduce or eliminate such deductibles or self - insured retentions or provide a financial guarantee satisfactory to the Agency guaranteeing payment of losses and related investigations, claim administration, and/or defense expenses. All of the following clauses and endorsements, or similar provisions, are required to be made a part of the required insurance policies indicated in parentheses below: A. Additional Insureds The Agency, its City Council, commissions, officers and employees are hereby added as additional insureds in respect to liability arising out of the scope of work of this Agreement, providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2010, 1985 Edition, or insurer's equivalent (CGL); B. General Aggregate The general aggregate limits shall apply separately to Santa Clara and Authority stadium events under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL); C. Primary Insurance This policy shall be considered primary insurance with respect to any other valid and collectible insurance Agency may possess, including any self - insured retention Agency may have, and any other insurance Agency does possess shall be considered excess insurance only and shall not be called upon to contribute with this insurance (CGL & BAL); and D. Notice of Cancellation No cancellation shall be effective until written notice has been given at least thirty (30) days prior to the effective date of such cancellation to Agency at the address set forth below, except the insurer may give ten (10) days notice for non - payment of premium (CGL, BAL, WC /EL & PL). E. Waiver of Subrogation. The policy shall provide a waiver of any right to subrogation which any insurer of Santa Clara or the Authority may acquire against the Cities by virtue of any loss under such insurance. This provision applies whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Page 11 of 11 AGREEMENT FOR INDEMNITY 4. ABSENCE OF INSURANCE COVERAGE. Agency may direct Santa Clara or Authority to immediately cease all activities with respect to this Agreement if the Agency determines that Santa Clara fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. 5. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION. A Certificate of Insurance, on an Accord form, and implementing endorsements shall be provided to Agency by each of Santa Clara's and Authority's insurance companies as evidence of the stipulated coverages prior to commencement of work under this Agreement, and annually thereafter at least ten (10) days prior to termination of existing coverage for the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Agreement at any time. All of the insurance companies providing insurance for Contractor shall have, and provide evidence of, a Best Rating Service rate of "A VI" or above. The Certificate of Insurance and coverage verification and all other notices related to cancellation shall be mailed to the persons identified in the Agreement as receiving notices. Page 12 of 12 AGREEMENT FOR INDEMNITY City of Campbell M. MARK LINDER City Manager 70 N. First Street Campbell, California 95008 Telephone: (408) 866 -2125 Fax: (408) 374-6889 APPROVED AS TO FORM: LINDA A. CALLON City Attorney ATTEST: SHAWNA FREELS City Clerk Town of Los Gatos Greg Larson, Town Manager Approved as to Form: Robert Schultz, Town Attorney Approved as to Form: "CAMPBELL" "GILROY" "LOS GATOS" C WILLIAM R. SELIGMANN City Attorney THOMAS J. HAGLUND City Administrator 7351 Rosanna Street Gilroy, California 95020 Telephone: (408) 846 -0202 Fax: (408) 846-0500 Page 7 of7 AGREEMENT FOR INDEMNITY THIS PACE INTENTIONALLY LEFT BLANK