HomeMy WebLinkAbout13-Development Services
ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
Valerie C. Ross, Director
Subject:
Resolution approving an Agreement with
Omnitrans to provide a Shuttle Service
for Metrolink riders during construction
of the Realignment of Viaduct Boulevard
(SS04-34 & SS07-32).
Dept:
Development Services
Date:
February 10,2009
MCC Date: March 2, 2009
Synopsis of Previous Council Action:
12-15-08 Adopted Resolution No. 2008-451 approving an agreement with Placo San
Bernardino, LLC for provision of space for temporary parking for Metrolink riders
during realignment of Viaduct Boulevard (SS04-34 & SS07-32) and construction of
the Metrolink parking structure. (GB04-19).
Recommended Motion:
Adopt Resolution.
Vl!JAWv R~
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer
Phone:
~?01
Supporting data attached:
Staff Report, Reso, Attachment "A"
(Agreement)
Ward:
All
FUNDING REQUIREMENTS: Amount:
$40,000
Source: (Acct. Nos) Account No. 129-367-5504-7319
Acct. Description: (SS04-32) 3rd Street & 2nd Street Intersection
Improvements.
Council Notes:
Finance:
hso 2009- 42-
Agenda Item No.
--13
3"~-0CI
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving an Agreement with Omnitrans to provide a Shuttle Service for Metrolink
riders during construction of the realignment of Viaduct Boulevard (SS07-32 & SS04-34)).
Backl!round:
On December 15, 2008, the Mayor and Common Council adopted Resolution No. 2008-451
approving an agreement with Placo San Bernardino, LLC for provision of space for temporary
parking for Metrolink riders during realignment of Viaduct Boulevard and construction of the
Metrolink parking structure (GB04-l9). The purpose of the Agreement is to provide an auxiliary
parking lot for Metrolink riders displaced during the realignment of Viaduct Boulevard near the
Santa Fe Depot. During the realignment project, it will be necessary to close Viaduct Boulevard to
all traffic and displace approximately 70 parking spaces in the Metrolink parking lot.
The Agreement authorizes the City to utilize parking areas within the Carousel Mall property near
"G" Street. Several locations were offered as options; however, the parking area at the northeast
comer of "G" Street and 2nd Street has been determined to be the most advantageous location for
all concerned. The parking area, known as Option #3, is paved and lighted and is not currently
being used.
Since this auxiliary parking lot is approximately 3 miles from the Metrolink Station, staff has
negotiated with Omnitrans to provide a fare-free shuttle service, Monday through Friday, between
the Metrolink Station and the auxiliary parking lot. Omnitrans has submitted the attached San
Bernardino Metrolink Station Shuttle Plan for approval by the City.
The proposed plan provides for a morning shuttle, which will run at 10 to IS-minute intervals
between 5:30 a.m. and 8:30 a.m. An evening shuttle will run at 10 to IS-minute intervals between
3:50 p.m. and 7:30 p.m. The shuttle service is expected to start in mid-March 2009 and may be
needed until July 2009. The shuttle will be discontinued as soon as the parking at the station is
fully restored.
For riders who arrive off-peak, Omnitrans regular Bus Route I currently runs along 2nd Street on
IS and 30-minute intervals. The eastbound bus stops adjacent to the McDonalds at "G" Street
and the westbound bus stops at "F" Street. However, the westbound stop will be temporarily
moved to "G" Street for this project. Riders with a valid Metrolink ticket or pass can ride for free
on Route I.
The estimated cost of the shuttle service is $10,000 per month. The service can be cancelled upon
two weeks notice to Omnitrans, so the total cost will depend on the duration of the construction
that displaces the parking spaces near the Metrolink Station. The construction contract provides
that the contractor complete the work in the parking area within 40 working days. We expect
some delay due to rain, so the duration may be 3 to 4 months. The cost should not exceed
$40,000.
2
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
Staff anticipates that construction on the realignment of Viaduct Boulevard will start in mid March
2009. The Agreement provides that the shuttle service will be available by March 9, 2009. The
actual start date may be later depending on the construction start date.
Approximately two weeks prior to start of construction, staff will take the following actions to
alert users:
I. Signs will be installed in the vicinity of the parking spaces to be displaced, advising of the
closure and the availability of the auxiliary parking lot and free shuttle service.
2. A letter-type flyer, including maps, may be placed in seats (seat drop) of the San Bernardino
trains to alert riders to the closure of some parking spaces and availability of parking
alternatives.
3. A press release will be issued to local newspapers to publicize the project and to alert users to
the displacement of parking spaces and alternatives available.
4. A notice or sign may be posted in the vicinity of the boarding platform, if Metrolink will allow
it.
Financial ImDact:
Sufficient funds are available in Account No. 129-367-5504-7319 "SS04-34 3'd Street and 2nd
Street Intersection Improvements & Entrance to Parking Lot" to cover the cost of this Agreement.
Recommendation:
Adopt Resolution.
3
1
to{pv
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 EXECUTION OF AN AGREEMENT WITH OMNITRANS TO PROVIDE A SHUTTLE
SERVICE FOR METROLINK RIDERS DURING CONSTRUCTION OF THE
4 REALIGNMENT OF VIADUCT BOULEVARD (SS04-34 & SS07-32).
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
7
8 directed to execute on behalf of said City, an Agreement with Omnitrans to provide a Shuttle
9
10
Service for Metrolink riders during construction of the Realignment of Viaduct Boulevard
(SS04-34 & 5S07-32), as shown in the Agreement. A copy of said Agreement is attached as
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16 III
17 III
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Attachment nA" and made a part hereof
SECTION 2. The authorization to execute the above-referenced Agreement is rescinded
if the parties to the Amendment fail to execute it within sixty (60) days of the passage of this
resolution,
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3 - d-Oj
=ft/'3
- 1 -
1 RESOLUTION ... AUTHORIZING EXECUTION OF AN AGREEMENT WITH
OMNITRANS TO PROVIDE A SHUTTLE SERVICE FOR METRO LINK RIDERS
2 DURING CONSTRUCTION OF THE REALIGNMENT OF VIADUCT BOULEVARD
3 (SS04-34 & SS07-32).
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof. held on the
6
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,2009, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
(VACANT)
KELLEY
JOHNSON
MC CAMMACK
City Clerk
,2009.
The foregoing resolution is hereby approved this day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN.
City Attorney
By: ~~ ? /c:--<-<-_
I
V
- 2 -
ATTACHMENT "A"
February 10. 2009
Durand L. Rail,
CEO/General Manager
OMNITRANS
1700 W. Fifth Street
San Bernardino, CA 92411-2499
Mark F. Weinberg,
Interim City Manager
City of San Bernardino
300 North D Street, 6th Floor
San Bernardino, CA 92418
Subject: Omnitrans - City of San Bernardino Letter of Agreement for a
temporary public shuttle service between San Bernardino Metrolink Station
and Carousal Mall parking lot.
The term of this Letter of Agreement shall be effective March 9, 2009, and will
remain in effect until completion of the Metrolink Station Parking Lot construction
project or either party cancels or amends the Agreement by giving fifteen days
notice to the other party. The term of this Letter of Agreement shall not exceed
twelve months from the effective date.
The attached exhibits marked Exhibits A through F constitutes the entire
understanding of the parties with respect to the subject matter hereof, and there
are no other representations, promises, warranties, covenants or undertakings
with respect thereto. Attachments:
A: Cost estimate & service assumptions
B: Shuttle alignment
C: Route 1 alignment
0: City's agreement with Placo San Bernardino (Carousel Mall)
E: Carousel Mall Site Plan
F: Omnitrans Liability Insurance
Omnitrans, the public transit provider of San Bernardino Valley agrees to operate
a public transit line open to the public, at no cost (free) to the passengers, at the
request of the City of San Bernardino. The City of San Bernardino agrees to
subsidize the total operating cost as stated in Exhibit A not to exceed $63,004.
The City, its officers and employees are hereby designated as a "Covered Party"
as defined under Section IV (D) of Omnitrans' Memorandum of Liability Coverage
(Exhibit F).
Letter of Agreement for a temporary public shuttle service between San Bernardino
Metrolink Station and Carousal Mall parking lot (Page 2 of 2)
In witness thereof, the parties have caused this Letter of Agreement to be
executed by their respective officers.
OMNITRANS
CITY OF SAN BERNARDINO
By:
By:
Durand L. Rail
CEO/General Manager
Mark F. Weinberg
Interim City Manager
Date:
Date:
Approved as to form:
- ?-~~~
James F. Penman
City Attorney
~.
Page 2 of7
Exhibit A
Tn;
S30AM
7JOPt,l
Cost of Vehicle 2.
Dates' MafthXX 2009 ttI Al.IIlust XX 2009. (SlItHectfot1l
o MOMlIV' i:"noav ON~ y
Cost Of Vehicle 1.
DIlI$ M.cll"f:1.., 2009 to AUQUSI XX 2009 Isu!l<<t to eMln el
o M -Fnll ONLY
6.66
F.
V",
Fale
Cost.
5.30"'" ID
150 PM to
E IO.,Smlnutes
2
8:30AM
730PU
5:30AM tD
3SOPl.l to
Ev. 10.1SmnlJleS
T...
V.,
F..
Cost'
FIH&O ntotl1eou,"h~
Free & oDtln 10 \fll oubhc
6662
666
c..-
U37
"""',
6662
110Ul$
c..-
58.567
Cost'Hr
HOUI$
CommunlcallOllS 'MIo? Ss
. Cost of service paid by SANBAG/City of San 8eman:lino
.. a.ed on 22 ~ pel' monltllor SIl months (Mar-A.ug)
-e.&edonl0aays,fn!.two...uonry
Commun'canons 'MIa?
ITotal cost estimate forthe above scenario:
$
63.004 I
Con,"-cts:
TSO
Assumplions (per Dee 11, 2001 me.ting):
1 25 Passengers per traIn - City esllmate
2. Operate two vehicles dunn; Ihe fd's! two weeks Continue to openllte second vehiCle after two weeks only if demand warrants
3. City of S8 has a permit to use Ihe Carousel Mall panung 101. {Exhibit DJ
" Us. Carousel Matt parking lot Option - 3. due to Its prolill'T1ityto Route 1 bus SlOP at 2nd ~ G_ (Exhibit E)
5. Route 1 will provide backup Hf\/\Ce. Regular fare polieyflnlnsler poltey applies Wlth a valid Metrollnk lIeket
8. Route 1-wiU be on detour during construction. (Exhibit C)
7. Approximately 70 panung spaces wilt be displaced at the SB Metrolink Station during construction.
8. 40 passenger Nh size buses and the 17 passenger vans will tumaround at the Santa Fe Depot. (Exhibit B)
9 The Metrollnk Station shuttle is a free service and it will be open to the pubtic_ The City of San Bemardlno will pay for operatJng the sel'vu:.e
10. The City of San Bemaramo IS the proJed owner and the lead agency for construCllon, communications, public Information
11. SeN'lc.e can be discontinued with two weeks of notice.
Page 3 of7
Exhibit B
ear RIDER ALERT e-
51 Metrolink Shull.
Effective March 9, 2009
METROLlNK SHUTTLE LOOP
-..
..
-
--
Carousel .
MaD .
SAN
BERNARDINO
-..
II IIII I Ilfll III II II
rl r I Tr 1lllllJI
r (
,
DEPOT ) i
g
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.......- ......
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,li:,
Due to the displa:;errent of approximalely 70 San Bernardino Metrolink parking
spaces caused by a six-month construction project at Viaduct Blvd. & 3rd St., a free
IlJblic Omnrtrans shuttle will operate Monday - Friday between the De(X)t and the
Carousel Mall parking lot, as shown. The shuttle will operate al10 - 15 minute
intervals between 5:30 - 8:30 am. and 3:~ - 7:30 p.m.
Customers also may utilize Omnitrans Route 1, which operates between 5:00 a.m. -
10:00 p.m. and will detour on 2nd Sl to serw the Depot (please call or visit website
for details).
For infomation, plene call
1(8001 9.DMIIIlJS or visit
....omitra.s.org
Page 4 of7
Exhibit C
RIDER ALERT
e. IOUTE 1 er.
Effective March 9, 2009
Due to the displacement of approximately 70 San Bernardino
Metrolink parking spaces caused by a six-month construction
project at Viaduct Blvd. & 3rd St., Route 1 will detour as shown
at its south end on 2nd St. to more directly serve the depot for
customer convenience. Valid Metrolink tickets/passes are
good for one free ride on Route 1.
A free Omnitrans shuttle also will be available Monday - Friday
between the Depot and Carousel Mall (call or visit website for details)
@-ii :
411151. TnmtMalQ
ii=
" ~Q
4TH 8T
.1;;
c
=-= COI.RT
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--.t
Long-Term Detour
X Temporary Stop
F.r l1.re inf.r.atiaD. please call
1-900-9-0MNIBUS or visit
www.omitralS..rg
Page 5 00
Exhibit D
2008-1,51
-
PLACO SAN BERNARDINO, LLC
OW1\F.RS .~'"[) orFRATORS or CAROUSEl. MAI.I
September 18, 2008
Mr. Robert Eisenbeisz, P.E.
City Engineer
City of San Bernardino
300 Nortl1 "0" Street
San Bernardino, CA 92418
RE: Temporary Parking for Metrolink Rlde~
Dear Mr. Eisenbeisz:
Placo San Bernardino, LLC does not object to the temporary use of approxImately 70 parking spaces by the City of
San Bernardino as proposed in your letter dated August 14, 2008 in the area delineated as Option 1 on the
attached ExhibIt A. subject ~c the following cmCiitic!"!s'
1. The use will be temporary for a period of SIX months commencing March 1, 2009 and ending August 31,
2009, for the purpose of parkIng Metrolink riders disolaced by the construction of a parking structure at the
Santa Fe Depot/Metrolink location on West Third Street.
2. Pursuant to the ReCiprocal Easement Agreement recorded December 24,1970, Section 13.1, the City shall
hold harmless Pia co San Bernardino. LLC and all other Parties from any claims or judgments arising from
the use of the parking area including, but not limited to, the temporary use set forth in paragraph one
above. Further, the City will provide eVidence of insurance as reQUired by Section 13.2(b) of the ReCiprocal
Easement Agreement.
3. The City agrees not to damage or penetrate the pari<mg areas with any fenclI"l9 or slgnage, and to confine
the temporary parking as outHned herein to the OPtion 1 area deSignated on the attached Exhibit A.
4. Placo San Bernardino, LLC shall, I" its sole discretion, have the nght to relocate the temporary parking
area to one of the areas shown as Option 2, 3 or 4 as d~signated on the attached Exhibit A.
If you agree to the above terms, ple~se 51gn where indIcated beiow and retum one of the copies WIth onginal
signatures to me.
Sincerely yours,
,~-'wl
::. rPR0'1'Ei) :':.S TO FORM:
t -~
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,;;_F-,' .".:.;n.
L::-. "..,;(';!"r't;:\
Salvatore F. catalano, CSM
General Manager
.~.,
-
SFC:rls
Attachments :
City of San Bernarrj;JJ /
Agr"edto: .~
S'gnatu re i"
Print Name: !v... fIiJ,---- ,F ~ \j c.., · \ ~""\ 7
Title: c.~ M..~4L-
Date:
\ 'v-I l3'l._
y
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~95 C4lrou~cl r.1.,U
San SernarclinQ, Ct. 92-l01
Phone ;'909} 864-0106 . Fax r909;' Bc5.6893
Exhibit E
Preferred Option #3
~ 0 _- -
i kaft...., ~'_'; ":~'- :;; --'.
i ~Sign -~--
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E
...' \~....\: ~. -
~tlC:..J 1.
Second Street
-11----- I~I----- I!r
_, CAROUSEL MALL Site Plan ~":"~:E~";:
'~, San Bernardino, California 4- ~~
,~ PYicoSan 8ernarc:hno,u.c North CIlIEJ'ISIClNSNQ.ORSQ.Wl.E
'....AL.". 215 Carousel Mall nu.TAU..DlY~""'.s{
~ iii' "'lHEF1!I.D. ALLDlr.tEHSlClti
SlnBamlrCina,CA 92~1 '?OP.a.ITS"ATnEFJII:lNTF,o
TtI(9::J9)B84-01D6 SfOREISLOCAmCX'CACOFl
Page 7 of7
EXlllBIT "F"
A JOINT POWERS INSURANCE AUTHORITY
~
CalTIP
95811
p. 800-5-41-4591
f. 9,6-244-1l98
www.CalTlP.org
Date:
~(:'C'~
v,,4y ~D
Members of the California Transit Insurance Pool (~(jJj ?;> ~R
Micheon Balmer, CalTlP Deputy General Manager ~ a};
l'lc(:'
~~..
--
:.. J~
~1-.~
18JI K Strut
SdC"Tamrnto, CA
ULlfO'RN1A T RA.NSIT
INSVUNCE POOL
To:
From:
May 22, 2008
Subject: Important - 2008-09 Uability Proaram and Vehicle Phvsical Damaae
Proaram Coveraae Documents
Enclosed for your records are the following 2008-09 CalTlP Coverage documents for the
Uability and Vehicle Physical Damage programs. Please retain the enclosed documents for
future reference.
Liability Proaram
. Memorandum of Coverage and Declaration
. Excess insurance binder - Please note that onlv the binders oertainino to vour
or~anization's selected limit of liability within CalTlP have been enclosed.
w Lexington Insurance Company = $5 million in excess of $5 million; total
of $10 million in coverage.
CJ Arch Specialty Insurance Company = $10 million in excess of $1Ci
million; total of $20 million in coverage.
Vehicle Phvsical Damaae Proaram
. Memorandum of Coverage and Declaration (including Vehicle Schedule)
· Excess insurance binder
;:J Fireman's Fund Insurance = $10 million in coverage.
Also, enclosed is a directory of CalTlP Staff. To access the complete directory, including a
list of all CalTlP Board members, Committees, and consultants, please refer to the CalTlP
Website at www.caltio.oro.
If you have any questions, please feel free to contact me. at (800) 541-4591, ext. 1143.
Enclosures
.,
.
A JOINT POWERS INSURANCE AUTHORITY
-Ii
CalTIP
1831 K Street
Sacramento, CA
~f1'~....
..~
~ ~/'"
~ .';h
95811
CALIFORNIA TllANSIT
IWSUIANCI. PoOL
MEMORANDUM OF LIABILITY COVERAGE
Declarations
1. Property:
OMNITRANS
2. Limit of Liability:
$5,000,000 Ultimate Net Loss Each Occurrence
3. Retention:
$50,000 Ultimate Net Loss Each Occurrence
4. Program:
Program I
5. Coverage Period:
12:01 a.m., May 1, 2008 to 12:01 a,m., May 1, 2009
6. Memorandum No.:
0809-L-35
7. Deposit:
$1,382,799
Attached to and forming part of this Memorandum of Coverage is Form :-10, L\fOC - 1,
Approved:
~7,t, ~wt
Gregory L. Trout, CalTlP General Manager
May 1. 2008
[TillS IS NOT AN Th'VOICE]
Memorandum of Liability Coverage
p. 800-54'-459'
f. 916-244-1198
www.CalTIP.org
,
MEMORANDUM OF LIABIUTY COVERAGE
Fonn LMOC - 1
CONTENTS
I. WHAT THE AUTHORITY PAYS ON. PROPERTY'S BEHALF
A Coverage of Property
B. Defense of Property
II. AUTHORITY'S LIMIT OF LIABILITY
III. RETENTION
IV. WHO IS A COVERED PARTY
V. WHAT THE AUTHORITY WILL NOT COVER (EXCLUSIONS)
VI. WORDS AND PHRASES WITH SPECIAL MEANING
VII. CONDITIONS
Page 1 of 12
, ,
CALIFORNIA TRANSIT SYSTEMS JOINT POWERS INSURANCE AUTHORITY
MEMORANDUM OF LIABILITY COVERAGE
Each word shown in bold type has a special meaning which is defined in Section VI.
I. WHAT THE AUTHORITY PAYS ON PROPERTY'S BEHALF
A. COVERAGE OF PROPERTY
The Authority will pay the ultimate net loss the covered party becomes legally
obligated to pay as damages by reason of liability imposed by law, or assumed by
contract for:
1. Bodily injury
2. Property damage
3. Public officials errors & omissions
4. Personal injury
This coverage applies only to damages caused by, or arising out of an occurrence
to which this memorandum applies.
B. DEFENSE OF PROPERTY
With respect to occurrences to which this memorandum applies:
1. If the Property participates in Program I as stated in item 4 of the
Declarations, the Authority has the right and duty to defend any suit against
the covered party. The Authority may, at its discretion, investigate,
negotiate, or settle any claim or suit. The Authority shall not be obligated to
pay any claim or judgment or to defend any suit after the limit of liability has
been exhausted.
or
2. If the Property participates in Program II as stated in item 4 of the
Declarations, the Authority shall not be called upon to assume charge of the
investigation or defense of any claim. However, the Authority, at its own
expense, has the right to control the negotiation, investigation, defense,
appeal, or settlement of any claim or proceeding which, in its opinion may
result in an ultimate net loss exceeding the retained limit. The covered
party shall fully cooperate in all matters pertaining to such claim or
proceeding. No claim shall be settled for an amount in excess of the retained
limit without the prior written consent of the Authority.
Rev. April 3D, 2008
Page 2 of 12
.
CaITIP
Uability Program
Fonn LMOC . 1
Memorandum of Coverage
II. AUTHORITY'S LIMIT OF L1ABILllY
Regardless of the number of (1) covered parties, (2) persons or organizations who sustain
injury or damage, or (3) claims made or suits brought, the Authority's liability for the
ultimate net loss from anyone occurrence shall not exceed the coverage limit shown in
the declarations for anyone occurrence, arising out of bodily injury, property damage,
public officials errors & omissions, or personal injury, or any combination thereof.
For the purpose of determining the limit of liability:.
All damages arising out of continuous or repeated exposures to substantially the
same general conditions are considered to arise out of one occurrence..
. An occurrence extending over more than one coverage period shall be treated as a
single occurrence arising in the coverage period in which the occurrence began.
III. RETENTION
The Authority's obligation to pay damages on behalf of the covered party applies only to
ultimate net loss in excess of the amount shown in item 3 of the Declarations. The
amount shown in item 3 of the Declarations shall be exhausted by sums paid or payable in
satisfaction of the ultimate net loss.
IV. WHO IS A COVERED PARTY
Each of the following is a covered party to the extent set forth below:
A. The Property as set forth in the Declarations, any and all commissions, agencies,
districts, authorities, boards (including the governing board) or similar entity coming
under the Property's direction or control or for which all of the Property's board
members sit as the governing body. The Property includes all departments and
constituent agencies of the Property.
B. Any persons who are past or present elected or appointed officials, employees, or
authorized volunteers ofthe Property, whether or not compensated, while acting for
or on behalf of the Property, including while acting on outside boards at the
direction of the Property.
C. Any person, while using an owned, non-owned or hired vehicle, and any person
legally responsible for the use thereof, provided the actual use thereof is authorized
by the Property. The coverage extended by this Section C shall not apply to:
Rev.ApriI30,2008
Page 3 of 12
earnp
Uabllity Program
Fonn LMOC - 1
Memorandum of Coverage
1. Any person or organization, or to any agent or employee thereof, engaged in
selling, repairing, servicing, delivering, testing, road testing, parking, or
storing vehicles, with respect to any occurrence arising out of any such
occupation; or
2. The owner, or a lessee of any hired or non-owned vehicle, or their agent or
employee, except the Property and its employees or volunteers.
D. Any person or organization the Property has agreed in a written contract to include
as a covered party. Such person or organization is a covered party solely for
facilities or personal property owned by such person or organization and used by
the Property or for operations performed by or on behalf of the Property for such
person or organization.
V. WHAT THE AUTHORllY WILL NOT COVER (EXCLUSIONS)
This memorandum does not apply to:
A. Bodily injury, property damage, or personal injury arising out of the ownership
or maintenance or use or operation of any airfield or similar aviation facility.
B. Liability arising out of the ownership or maintenance, loading or unloading, or use or
operation of any aircraft.
C. Liability arising out of the ownership or maintenance, loading or unloading, or use or
operation of any watercraft over 17 feet in length.
D. Any obligation for which the covered party, or any insurer or insurance pool
therefore, may be held liable under any workers' compensation, unemployment
compensation, or disability benefits law, or under any similar law.
E. Liability for loss of past or future salary, wages, employee benefits, or other similar
compensation of any employee or official of the covered party arising out of
unlawful discrimination, harassment, retaliation, wrongful termination, violation of
civil rights or other workplace tort.
F. Liability for bodily injury to any employee of the covered party arising out of and in
the course of employment by the covered party, except with respect to liability of
others assumed by the covered party under contract.
G. Liability of any employee with respect to bodily injury of another employee.
H. To liability for property damage to:
1. Personal or real property owned by the covered party;
. Rev. April 30, 2008
Page 4 of 12
CaITIP
Uability Program
Fonn LMOC - 1
Memorandum of Coverage
2. Personal or real property owned by others for which the covered party has
assumed liability under contract, unless the covered party would have been
liable for damage in the absence of such a contract.
I. To any liability arising from pollutants, except pollutants released:
1. As result of collusion, upset or overtum of a vehicle when pollutants
originate from the operating systems used to power or run the vehicle.
2. As a result of uncontrolled fire, flood, or fire fighting efforts affecting property
owned, leased or occupied by the Property.
3. At any location on which any covered party is performing work, or a
contractor or subcontractor is performing wor1< on behalf of the covered
party, if pollutants were not brought to the location by the covered party, or
its contractor or subcontractor.
J. To liability arising out of any governmental direction or request that the Property
test for, monitor, cleanup, remove, contain, treat, detoxify, or neutralize pollutants.
K. To any claims made against covered parties arising out of, or connected with the
application of the principles of eminent domain, condemnation proceeding,
retroactive condemnation, inverse condemnation or reverse condemnation, by
whatever name caned, regardless of whether such claims are made directly against
the covered party, or by virtue of any agreement entered into by or on behalf of the
covered party.
L. To fines or punitive damages.
M. Under, public officials errors & omissions to:
1. Bodily injury or personal injury.
2. Physical injury to or destruction or disappearance of tangible property,
including all resulting loss of use of that property.
3. Refund of taxes, fees, or assessments.
4. Liability of a covered party (a) arising in whole or in part out of a covered
party obtaining remuneration or financial gain to which the covered party
was n6t legally entitled, or (b) arising out of the willful violation of a penal
code or ordinance committed by or with the knowledge or consent of a
covered party. However, this exclusion shall not apply to the vicarious
liability of the Property.
5. Liability arising out of exceeding estimates of probable cost or cost. or faulty
preparation of bid specifications or plans, including architectural plans.
Rev. April 30, 2008 Page 5 of 12
CaIT1P
Liability Program
Fonn LMOC - 1
Memorandum of Coverage
6. Failure to perform or breach of a contractual obligation.
7. Liability imposed under the "Employee Retirement Income Security Act of
1974" or any amendatory or similar law, or fiduciary liability for employee
benefit plans.
N. To liability arising from the hazardous properties of nuclear material.
O. To liability arising out of war, however, this exclusion shall not apply to the first
$1,000,000 of ultimate net loss.
P. All loss, cost or expense arising out of or related to, either directly or indirectly, any
"NBCR Terrorist Activity" as defined herein, and any action taken to hinder, defend
against or respond to any such activity. This exclusion applies regardless of any
other cause or event that in any way contributes concurrently or in any sequence to
such loss, cost or expense.
"NBCR Terrorist Activity" shall mean any deliberate, unlawful act that includes,
involves or is associated with, in whole or in part, the use or threatened use of, or
release or threatened release of, any nuclear, biological, chemical or radioactive
agent, material, device or weapon, that:
1. is declared by any authorized govemmental official to be or to involve
terrorism, terrorist activity or acts of terrorism; or
2. is related, in whole or in part, to any intention to:
(a) promote, further or express opposition to any political, ideological,
philosophical, racial, ethnic, social or religious cause or objective; or
(b) influence, disrupt or interfere with any government related operations,
activities or policies; or
(c) intimidate, coerce or frighten the general public or any segment of the
general public; or
-,
(d) disrupt or interfere with a national economy or any segment of a
national economy.
However, this exclusion does not apply to the first $1,000,000 of ultimate net
loss.
a. To liability arising out of securities laws or regulations, however, this exclusion shall
not apply to the first $2,000,000 of ultimate net loss.
Rev. April 30, 2008
Page 6 of 12
CaIT1P
Uability Program
Fonn LMOC - 1
Memorandum of Coverage
VI. WORDS AND PHRASES WITH SPECIAL MEANING
Aircraft means a vehicle designed for the transport of persons or property principally in the
air.
Authoritv means the California Transit Systems Joint Powers Insurance Authority.
Bodilv iniurv means bodily injury, sickness or disease, including death resulting
therefrom, and also includes care and loss of services by any person or persons.
Covered party means any person or entity set forth in Section IV of this memorandum.
Defense costs means all fees and expenses caused by and relating to the adjustment,
investigation, defense, or litigation of a claim including court costs and interest on
judgements 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, nor the expenses of a claims administrator
engaged by any covered party.
Hired vehicle means a vehicle used under contract on behalf of or loaned to the
Property, provided such vehicle is not owned by or registered in the name of (1) the
Property, or (2) an employee or volunteer of the Property or a member of their household.
Non-owned vehicle means a vehicle not owned or leased by the Property or hired by a
covered party for use for or on behalf of the Property.
Nuclear material means secure material, special nuclear material or by-product material
all as defined by the Atomic Energy Act of 1954 and its amendments.
Occurrence as respects bodily injury or property damage means an accident or event
which, during the coverage period, results in bodily injury or property damage, neither
expected nor intended from the standpoint of the covered party and, as respects public
officials errors & omissions and personal injury, means an act, accident, omission or
event during the coverage period that results in injury or damage.
Owned vehicle means a vehicle owned by or under long-term lease to the Property.
Personal iniurv means (a) false arrest, malicious prosecution, or wrongful detention; (b)
libel, slander, or defamation of character, (c) invasion of privacy; (d) wrongful entry or
eviction, or other invasion of the right of private occupancy; (e) assault and battery; and
(f) discrimination or civil rights violations.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials
to be recycled, reconditioned, or reclaimed. The term pollutant as used herein does not
apply to potable water, agricultural water, or water furnished for use as a fire suppressant.
Rev. April 30, 2008
Page 1af12
CaIT1P
Uability Program
Fonn LMOC - 1
Memorandum of Coverage
Property means the transit system designated in the Declarations.
Property damaQe means (1) physical injury to or destruction of tangible property, including
the loss of use thereof, or (2) loss of use of tangible property that has not Deen physically
injured or destroyed.
Public officials errors & omissions means any and all breaches of duty by the covered
party arising from negligent action or inaction, mistake, misstatement, error, neglect, or
omission by the covered party in the discharge of their duties for the Property.
Terrorism means activities against persons, organizations or property of any nature:
1. That involve the following or preparation for the following:
(a) Use or threat of force or violence; or
(b) Commission or threat of a dangerous act; or
(c) Commission or threat of an act that interferes with or disrupts an
electronic, communication, information or mechanical system; and
2. When one or both of the following applies:
(a) The effect is to intimidate or coerce a government or the civilian
population or any segment thereof, or to disrupt any segment of the
economy; or
(b) It appears that the intent is to intimidate or coerce a government, orto
further political, ideological, religious, social or economic objectives, or
to express (or express opposition to) a philosophy or ideology.
Ultimate net loss means the sum actually paid or payable in cash in the settlement or
satisfaction of losses for which the covered party is liable, either by (1) adjudication or
(2) compromise, after making proper deduction for all recoveries and salvages collectible,
and includes defense costs.
Vehicle means a land motor vehicle or trailer licensed for highway use.
War means, whether declared or not, war or civil war, martial law, insurrection, revolution,
invasion, bombardment or any use of military force, usurped power or confiscation,
nationalization or warlike action by any government, military or other authority.
VII. CONDITIONS
A. Deposit/Adiustment. All deposits and retrospective adjustments for this
memorandum shall be computed and paid in accordance with the Joint Powers
Agreement, Bylaws, and the cost allocation plan adopted by the Board of Directors.
B. Inspection and Audit. The Authority shall be permitted but not obligated to inspect
the Property's property and operations at any time. The Authority may examine
and audit the Property' 5 books and records at any time prior to the cessation of the
Rev. April 30, 2008 Page 8 of 12
CamP
Uabllity Program
Fonn LMOC - 1
Memorandum of Coverage
Property's financial obligations underthe Joint Powers Agreement Any inspection
conducted by the Authority is solely for the benefit of the Authority and does not
constitute a determination that the Property's premises, property or operations are
safe, healthful or in compliance with applicable laws.
C. Property's Duties in the Event of Occurrence. Claim. or Suit
1. Program I Property's Duties
If the Property participates in Program I as stated in Item 4 of the
Declarations:
(a) The Property shall report as soon as practicable, and in writing, all
occurrences likely to result in a claim to the Authority's claims
administrator, except as provided in (c) below.
(b) Written notice containing particulars of the occurrence being reported
shall be sufficient to identify the covered party, and also reasonably
obtainable information with respect to the time, place, and
circumstances thereof, and the names and addresses of injured
persons and available witnesses, shall be given by or for the
Property to the Authority's claims administrator.
(c) The Property may elect to directly pay up to $2,500 for property
damage claims.
2. Program II Property's Duties
If the Property participates in Program II as stated in Item 4 of the
Declarations, the Property shall report as soon as practicable in writing to
the Authority's claims administrator:
(a) Claims with estimated damages exceeding 50% of the Property's
self-insured retention.
(b) Claims alleging or involving:
Fatalities
Amputations
Spinal cord injuries (paraplegic or quadriplegic)
Paralysis
Sensory loss
Severe head injury or brain damage
Serious bum
Disfigurement
Loss of major organ
Loss of use of body functions
Rev. April 30, 2008
Page 9 of 12
Camp
Liability Program
Form LMOC . 1
Memorandum of Coverage
Extended disability (greater than six months)
Significant psycho-neurotic involvement
Sexual harassment or molestation claims
Multiple injuries and property damage
Catastrophic property damage
Class action suits
Civil rights violations
Employment practices
(c) Claims alleging public officials errors & omissions.
3. Duties of All Properties
(a) If claim is made or suit brought against a covered party for an
occurrence reportable under 1 or 2 above, the Property and any
other involved covered party shall immediately forward to the
Authority's claim administrator every demand, notice, summons, or
process received.
(b) The Property and covered party shall cooperate with the Authority
and, upon the Authority's request, assist in:
i. Making settlements.
ii. The conduct of suits.
Hi. Enforcing any right of contribution or indemnity against any
person or organization liable to the covered party for loss paid
or payable under this memorandum.
(c) The covered party shall attend hearings and trials and assist in
securing and giving evidence and obtaining the attendance of
witnesses. The covered party shall not, except at the covered
party's cost:
i. Voluntarily make any payment.
Ii. Assume any obligation.
Hi. Incur any expense other than for first aid or damage mitigation.
The Authority shall not be liable for occurrences, suits, or claims in
which the Property fails to comply with this Condition C.
Rev. April 3D, 2008
Page 10 of 12
CamP
liability Program
Fo"" LMOC - 1
Memorandum of Coverage
D. Action Aaainst Authoritv.
1. If the Property disagrees with any recommendation of the Authority's
claims administrator, the disagreement shall be settled in accord with the
Claim Dispute Resolution Procedure in the Bylaws.
2. Other than as provided in item 1 above, covered parties have no right of
action under this memorandum unless they have fully complied with all of the
its terms and the amount of the covered party's obligation has been finally
determined either by judgment against the covered party, after actual trial,
or by written agreement of the covered party, the claimant, and the
Authority.
3. Any person or organization or their legal representative, having secured
judgment or written agreement, shall be entitled to recover under this
memorandum to the extent it provides coverage. No person or organization
has a right under this memorandum to join the Authority in any action
against the covered party to determine the covered party's liability. The
Authority shall not be brought into or subject to an action' by the covered
party or the covered party's legal representative except as allowed in item
2 above. Bankruptcy or insolvency of the covered party or of the covered
party's estate shall not relieve the Authority of any of its obligations
hereunder.
E. Other Coveraae. The coverage afforded in this memorandum is excess of and shall
not contribute with any valid and collectible insurance or pooled coverage available
to the covered party, other than any excess or umbrella insurance procured by the
Authority or the Property that is specifically meant to apply in excess of the
coverage afforded by this memorandum. This condition does not apply to any
covered party the Property has agreed to protect on a primary basis who qualifies
as a covered party in section IV, item D.
F. Subroaation. The Authority is subrogated to the covered party's rights of
recovery for payments made by the Authority against any person or organization.
The covered party shall execute and deliver instruments and papers and do
whatever else is necessary to 'secure such rights. The covered party shall do
nothing after loss to prejudice such rights. Any amount recovered shall be
apportioned as follows:
1. First to the provider of the highest layer of coverage and last to the
Property's retention, until the amount recovered is exhausted.
2. Expenses incurred in recovery activities shall be paid by recovery proceeds
before any such apportionment.
3. To the extent recovery proceeds are insufficient to discharge recovery
expenses, the Authority shall pay such expenses.
Rev. April 30, 2008 Page 11 of 12
.. . . .
c.mp
Uability Program
Form LMOC . 1
Memorandum of Coverage
G. Withdrawal/Cancellation. The Property may withdraw from the Authority and
cancel this coverage only:
1. At the end of the Authority's fiscal year; and
2. Three or more years following its first day of coverage; and
3. After ninety (90) days' advance written notice of withdrawal is received by
the Authority.
The Authority may cancel the Property's participation in the Authority and cancel
this coverage upon two-thirds vote of the Authority's Board of Directors. However,
any canceled Property shall be given ninety (90) days' written notice before such
cancellation becomes effective, unless the Property's participation is canceled for
non-payment of the deposit or retrospective adjustments, then ten (10) days' written
notice applies.
H. Chances. This memorandum shall not be changed, except by written endorsement
hereto.
Issued by the Califomia Transit Systems Joint Powers Insurance Authority.
By: &i~"t. ~.;K
Gregory L. Trout, Camp General Manager
Date: May 1. 2008
Rev. April 30, 2008
Page 12 of 12