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HomeMy WebLinkAboutItem 3.3 Alameda County Insurance Agreement (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 12 , 1983 SUBJECT Insurance Agreement between City and County of Alameda EXHIBITS ATTACHED Letter from County Administrator dated 8/16/83 ; Addendum to Service Agreements and Insurance Agreement RECOMMENDATION Authorize Mayor to execute agreement FINANCIAL STATEMENT: All additional insurance costs will be borne by Alameda County DESCRIPTION During Fiscal Year 1982-83 the City Council agreed to add the County of Alameda to the City ' s liability insurance policy for the purpose of covering the County for services it provides under contract to the City of Dublin . In accordance with the City Council ' s action, the County reduced the City ' s overhead charges on those contractual services provided to the City accordingly. The attached addendum to the City ' s 1983-84 service agreements with the County provides for the addition of the County to the City ' s insurance policy in accordance with the terms and conditions originally agreed upon during Fiscal Year 1982-83 . No change has been made to the addendum and insurance agreement . ----------------------------------------------------------------------------- COPIES TO: Judy Adams 12 Mel Hing ITEM NO. --1 .1-3 Ben Fernandez COUNTY ADM I N ISTRATOR �L1FOFlC1 MEL HING STEPHEN A. HAMILL COUNTY ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR . . August 16, 1983 RECEIVED AUG 18198 ; Richard Ambrose, City Manager City of Dublin CITY OF DS'KN P.O. Box 2340 Dublin, Ca. 94568 Dear Mr. Ambrose: SUBJECT: 1983-84 Insurance Agreement Attached is the 1983-84 insurance agreement between the County of Alameda and the City of Dublin. The agreement is the same as that in effect during FY 1982-83 and references the 1983-84 service contracts between the County and the City. Please return the original contract to my office as soon as it has been executed by the City for subsequent approval by the Board of Supervisors. Please contact Susan Muranishi at 874-6482 if you have any questions. Very truly yours, MEL HING COUNTY ADMINISTRATOR MH:SM:lb cc: County Counsel 3830C 1221 OAK STREET SUITE 555 OAKLAND. CALIFORNIA 94612 - 14151 874-6252 ADDENDUM TO SERVICE AGREEMENTS BETWEEN COUNTY OF ALAMEDA AND CITY OF DUBLIN AND INSURANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 1983, by and between the COUNTY OF ALAMEDA (hereinafter "COUNTY" ). and the CITY OF DUBLIN (hereinafter "CITY") amends and modifies the several presently existing service agreements between the aforesaid public agencies and establishes an insurance relationship between said public agencies relating to all services which COUNTY provides to CITY on a contractual basis. RECITALS: a. COUNTY is desirous of acquiring adequate insurance protection with respect to all services COUNTY provides to CITY under contract with CITY; and b. CITY is agreeable to the addition of COUNTY as a named insured to CITY'S applicable insurance coverage under the terms and conditions set forth below. NOW, THEREFORE, IT IS AGREED as follows: 1. CITY agrees, through its City Council, to immediately add COUNTY as a named insured to each and every contract of insurance held or maintained by CITY which is now or may be in the future applicable or provide coverage with respect to any and all services provided to CITY by COUNTY on a contractual basis whether such contract( s) are reduced to writing or otherwise. Such insurance protection provided to COUNTY will include, but not be limited to, protection under five presently existing contracts attached hereto as Exhibits "A" through "E" inclusive, and numbered by COUNTY as Contracts C-83-131, C-83-132, C-83-133, C-83-243, and C-83-244. CITY will immediately provide evidence of coverage (or any amended or changing coverage) to COUNTY, which coverage ( 1) must be in full force and effect and provide coverage retroactive to July 1, 1983, (2) must at all times be adequate in view of the exposure, and (3) must be acceptable in all particulars to the County Risk Manager or other appropriate County official, or otherwise COUNTY may immediately procure such substitute, additional or amended insurance coverage as in the good faith judgment of its Risk Manager or other appropriate County official is necessary and adequate. In this latter event any insurance coverage procured by COUNTY will be deemed an overhead expense of performing the underlying contractual services to CITY and CITY agrees to reimburse COUNTY for the full costs of said added overhead items, insurance premiums and related expenses. 2. COUNTY will pay the increased premium charges which are the direct result of and solely due to adding the COUNTY as a named insured to all insurance contracts under the provisions of Paragraph 1 above. 3. COUNTY agrees to pay its share of all premium increases which can be clearly and unambiguously ascertained to be the sole result of COUNTY'S negligent performance of services for which insurance protection is provided. Under no circumstances will this Paragraph apply to any premium increases as to which an itemization is not provided by the insurance carrier( s) regarding the cause( s) for said premium increase( s) . Also, under no circumstances will this Paragraph apply to any premium increase(s) which is assessed after the expiration of two years following the termination of a given contractual service to CITY by COUNTY and which premium increase( s) is attributable to said terminated service. COUNTY officials will meet with CITY officials in the event of a disagreement under this Paragraph relating to COUNTY'S proper share of a premium increase, but in the further event of a failure of the parties to agree, CITY will accept COUNTY'S good faith judgment regarding the matter and may thereafter terminate this agreement in the manner hereinafter set forth. CITY will also pay the portion of any premium increase which COUNTY does not pay in order that all insurance remains in force at all times. 4. This addendum and insurance agreement shall be effective on execution thereof, and may be terminated by either COUNTY or CITY upon sixty (60) days notice in writing. All insurance covered by this agreement shall be kept in full force and effect by CITY until this agreement is legally terminated as provided in this agreement. CITY OF DUBLIN ATTEST: By: . Mayor By: City Clerk APPROVED AS TO FORM: By: City At5rney COUNTY OF ALAMEDA ATTEST: By: RICHARD MOORE, COUNTY COUNSEL Chairman, Board of Supervisors By: 3360C