GRANT AGREEMENT AND PERMIT TO ENTER

Transcription

1 GRANT AGREEMENT AND PERMIT TO ENTER Between Good Tidings Foundation and San Francisco Recreation and Park Department (dated June 23, 2016 for reference purposes) This Grant Acceptance Agreement and Permit to Enter (the Agreement ), is dated for reference purposes only as of, 2016, by and between the City and County of San Francisco ( City ), acting through the Recreation and Park Department (the Department or RPD ), and Good Tidings Foundation ( Good Tidings ), a California nonprofit public benefit corporation (collectively referred to herein as the Parties ). RECITALS WHEREAS, The Department operates and maintains real property owned by the City and County of San Francisco ("City") bounded by Baker Street, Stanyan Street, Oak Street, and Fell Street commonly known as the Golden Gate Park Panhandle ( the Park ); and WHEREAS, Good Tidings Foundation is a 501(c)(3) charity that supports athletics, arts and education for youth, and in partnership with professional sports franchises, builds and refurbishes athletic facilities throughout the Bay Area; and WHEREAS, the Golden State Warriors Community Foundation ( Warriors Community Foundation ) is a 501(c)(3) charity associated with the Golden State Warriors basketball franchise, which partners with Good Tidings to refurbish basketball courts throughout the Bay Area; and WHEREAS, in 2000, Good Tidings, in partnership with the Warriors Community Foundation, gave the Department a grant-in-place of renovation of the Park s basketball courts (the Courts ), in honor of former Warrior player Nate Thurmond; and WHEREAS, The Courts are now in need of maintenance and repairs including resurfacing, new painting and line striping, and replacement of the backboard and hoop systems, and due to budget and staffing constraints the Department may not be able to perform these repairs within the near future; and WHEREAS, in partnership with the Warriors Community Foundation, Good Tidings proposes to give the Department a grant-in-place, valued at approximately $25,000 to perform maintenance and repairs to the Courts (the Grant ) including, without limitation: Resurfacing the courts Painting new court lines and center court symbol Demolishing the existing basketball post and backboard systems Installing new basketball post and backboard systems; and WHEREAS, RPD and Good Tidings have developed a scope of work for the Grant and the Department has reviewed and approved the scope of work set forth in Exhibit A ( the Court Maintenance ); and 1

2 WHEREAS, Good Tidings proposes to hire and pay for the services of a contractor to perform the Court Maintenance, which contractor shall be approved in advance by RPD. Any contractor or contractors hired by Good Tidings for any portion of the services shall be referred to herein as Contractor ; and WHEREAS, On the Recreation and Park Commission approved the acceptance of the Grant from Good Tidings as Resolution No:. Now, therefore, it is agreed as follows: Good Tidings hereby grants, and subject to and contingent upon approval by the San Francisco Recreation and Park Commission, the Department accepts the Grant from Good Tidings and authorizes Good Tidings to perform the Court Maintenance subject to the following terms and conditions: 1. Grant in Place a. Permission to Enter; Term. RPD confers to Good Tidings, its agents and Contractor a revocable, personal, unassignable, non-exclusive and non-possessory privilege to enter upon and use the identified area in the Park more particularly described in Exhibit B attached hereto (the Permit Area ) for the limited purpose and subject to the terms, conditions and restrictions set forth below. The privilege given to Good Tidings, its agents and Contractor pursuant to this Agreement is temporary only and shall commence when the dates are confirmed and agreed to by the Parties in accordance with Section 1.b.iv below. Without limiting any of its rights hereunder, City may at its sole option freely revoke this Agreement at any time prior to such expiration date, without cause and without any obligation to pay any consideration to Good Tidings, its agents or Contractor. b. Scope of Work. Good Tidings, its agents and Contractor may enter and use the Permit Area for the sole purpose of conducting the Court Maintenance and for no other purpose whatsoever. Good Tidings, its agents and Contractor may perform the Court Maintenance in the Permit Area only upon satisfaction of the following conditions, which are for the sole benefit of City: i. Good Tidings, its agents and Contractor shall perform the Court Maintenance in accordance with specifications approved in advance and in writing by RPD. The scope of work may only be modified through written amendment to this Agreement executed by the Parties. ii. Good Tidings shall bear all costs or expenses of any kind or nature in connection with its use of the Permit Area, including payment to the Contractor to perform the Court Maintenance, and shall keep the Permit Area free and clear of any liens or claims of lien arising out of or in any way connected with its use of the Permit Area. 2

3 iii. Good Tidings shall provide evidence satisfactory to the City of the acknowledgment of Contractor and any of its subcontractors that the City is not financially liable, and shall not be invoiced, for any costs incurred in performing any work related to the Court Maintenance, except as expressly approved by the City in writing. iv. Good Tidings shall coordinate with the RPD Superintendent of Golden Gate Park to determine appropriate start and finish date and time for Contractor to perform the Court Maintenance that does not interfere with the Department s regular work, permits, and reservations in the Park. RPD shall establish the start and finish date in its sole discretion. Good Tidings shall not authorize Contractor to commence work until the Department has approved the start date(s) and time(s) in writing executed by the RPD Superintendant of Golden Gate Park. v. Exercise of Reasonable Care. Good Tidings shall use, and shall cause Contractor to use, reasonable care at all times to avoid any damage or harm to City's property and to native vegetation and natural attributes of the Permit Area. Good Tidings shall cause Contractor to take such soil and resource conservation and protection measures with the Permit Area as City may request. City shall have the right to approve and supervise any excavation work. Good Tidings shall ensure that under no circumstances shall Contractor damage, harm or take any rare, threatened or endangered species on or about the Permit Area. Good Tidings shall cause Contractor to do everything reasonably within its power, both independently and upon request by City, to prevent and suppress fires on and adjacent to the Permit Area attributable to Good Tidings use hereunder. vi. Covenant to Maintain Permit Area. In connection with its use hereunder, Good Tidings shall at all times, at its sole cost, maintain the Permit Area in a good, clean, safe, secure, sanitary and sightly condition, so far as the Permit Area may be affected by Good Tiding s or Contractor s activities hereunder. vii. Restoration of Permit Area. Immediately following completion of the Court Maintenance, Good Tidings shall cause Contractor to remove all debris and any excess dirt and restore the Permit Area to its condition immediately prior to Good Tiding s and Contractor s use hereunder, to the satisfaction of the City. viii. Repair of Damage. If any portion of the Permit Area or any property of the City located on or about the Permit Area is damaged by any of the activities conducted by Good Tidings or Contractor hereunder, Good Tidings shall immediately, at its sole cost, repair or cause Contractor to repair any and all such damage and restore or cause Contractor to restore the Permit Area or property to its previous condition. c. Limitation on Obligation; Evidence of Available Funds. RPD shall not be obligated to fund any funding shortfall pursuant to this Agreement or any other agreement unless such party expressly so agrees in writing. 3

4 d. Restrictions on Use. Good Tidings agrees that, by way of example only and without limitation, the following uses of the Permit Area by Good Tidings, Contractor, or any other person claiming by or through Good Tidings are inconsistent with the limited purpose of this Agreement and are strictly prohibited as provided below: i. Improvements. Neither Good Tidings nor Contractor shall construct or place any temporary or permanent structures or improvements on the Permit Area, or alter any existing structures or improvements on the Permit Area, except for the Court Maintenance. ii. Dumping. Neither Good Tidings nor Contractor shall dump or dispose of refuse or other unsightly materials on, in, under or about the Permit Area. iii. Hazardous Material. Good Tidings shall not cause, nor shall Good Tidings allow Contractor or any of its other Agents or Invitees (as defined below) to cause, any Hazardous Material (as defined below) to be brought upon, kept, used, stored, generated or disposed of in, on or about the Permit Area, or transported to or from the Permit Area. Good Tidings shall immediately notify City when Good Tidings learns of, or has reason to believe that, a release of Hazardous Material has occurred in, on or about the Permit Area. Good Tidings shall further comply with all laws requiring notice of such releases or threatened releases to governmental agencies, and shall take all action necessary to mitigate the release or minimize the spread of contamination. In the event that Good Tidings, Contractor, or Good Tiding s other Agents or Invitees cause a release of Hazardous Material, Good Tidings shall, without cost to City and in accordance with all laws and regulations, return the Permit Area to the condition immediately prior to the release. In connection therewith, Good Tidings shall afford City a full opportunity to participate in any discussion with governmental agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise proceeding involving Hazardous Material. For purposes hereof, "Hazardous Material" means material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to public health, welfare or the environment. Hazardous Material includes, without limitation, any material or substance defined as a "hazardous substance, pollutant or contaminant" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et seq., or pursuant to Section of the California Health & Safety Code; a "hazardous waste" listed pursuant to Section of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the Permit Area or are naturally occurring substances in the Permit Area, and any petroleum, including, without limitation, crude oil or any fraction thereof, natural gas or natural gas liquids. The term "release" or "threatened release" when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing 4

5 in, on, under or about the Permit Area. For purposes hereof, the term "Agents" shall include the agents, employees, officers, contractors and representatives of Good Tidings, and the term "Invitees" shall include the clients, customers, invitees, guests, licensees, or assignees of Good Tidings. iv. Nuisances. Neither Good Tidings nor Contractor shall conduct any activities on or about the Permit Area that constitute waste, nuisance or unreasonable annoyance (including, without limitation, emission of objectionable odors, noises or lights) to City, to the owners or occupants of neighboring property or to the public. v. Damage. Neither Good Tidings nor Contractor shall do anything about the Permit Area that will cause damage to any of City s property. 2. Contractor/Installation Requirements. Good Tidings shall, at its own expense and at no cost to the City, hire a Contractor selected by Good Tidings and approved by City to perform the Court Maintenance. Good Tidings shall require Contractor or agents it procures for the Court Maintenance to comply with the following requirements in performing work at the Park: a) Obtain any and all necessary City permits and comply with applicable laws including disability access laws and with required noticing procedures before closing any sidewalks. b) Post signs in the Park alerting the public to the date and time the Court Maintenance will take place. c) Implement appropriate measures to ensure public safety while working in the Park, including, but not limited to, erecting safety barriers and caution signage and/or tape. d) Adhere to Occupational Safety & Health Administration standards related to paving contractor services. e) The contract that Good Tidings enters into with Contractor or any other contractor for all or any portion of the Court Maintenance shall contain the following provisions: (1) Insurance: Contractor shall maintain in force, during the full term of this Agreement, insurance in the following amounts and coverage: (a) Workers Compensation with Employer s Liability Limits not less than $1,000,000 each accident; and (b) Comprehensive General Liability Insurance with limits not less than $1,000,000 each occurrence, $2,000,000 General Aggregate, Combined Single Limit for Bodily Injury and Property Damage; and (c) Business Automobile Liability Insurance with not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property 5

6 Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable. Commercial General Liability and Business Automobile Liability Insurance policies must provide the following: (a) Name as Additional Insured the City and County of San Francisco, its Officers and Employees, in the City s role as the owner of the Property with respect to various liability arising from the negligence of Good Tidings. (b) That such insurance applies separately to each insured against whom claim is made or suit is brought. Regarding Workers Compensation, Contractor hereby agrees to waive subrogation which any insurer of the contractor may acquire from the contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. All policies shall provide thirty (30) days advance written notice to City of cancellation mailed to the address provided in Section 8 of this Agreement (Contacts/Notices), provided, however, that in the event of cancellation for nonpayment of premiums, only ten (10) days advance written notice to City shall be provide. Should any of the required insurance be provided under a claims-made form, Good Tidings Contractor shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the contract term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies. Should any required insurance be provided under a form of coverage that includes a general aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claim limits specified above. Before the Contractor commences any operations under this Agreement, Good Tidings on behalf of the Contractor, or the Contractor shall furnish to City certificates of insurance and additional insured policy endorsements, in form and with insurers satisfactory to City, such insurers shall have an AM Best rating of not less than A-, VIII, and shall be authorized to do business in the State of California; evidencing all coverages set forth above, and shall furnish complete copies of policies promptly upon City request. Acceptance of insurance coverage shall not diminish the liability of Good Tidings. 6

7 (2) Warranty. The contract shall require that the Contractor warrants and guarantees to the City that materials and equipment provided under the Contract will be first-class in quality and new, that the work will be free from defects and of the quality specified, and that the work will conform to the requirements of the Contract documents. Contractor additionally warrants manufacturers product warranties as may be required by the Contract documents. (4) Third Party Beneficiary: Good Tidings agrees that in any contract it enters into for the Court Maintenance, the City shall be named as a third-party beneficiary, including, without limitation, of all warranties of the work, and as an additional obligee of all required performance bonds. (5) Indemnification (a) Consistent with California Civil Code section 2782, Contractor shall assume the defense of, indemnify and hold harmless the City, its boards and commissions, and all of their officers, agents, members, employees, authorized representatives, or any other persons deemed necessary by any of them acting within the scope of the duties entrusted to them, from all claims, suits, actions, losses and liability of every kind, nature and description, including, but not limited to attorneys fees, directly or indirectly arising out of, connected with or resulting from the performance of the Contract. This indemnification shall not be valid in the instance where the loss is caused by the sole negligence or intentional tort of any person indemnified herein. (b) Contractor acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste or contaminated material as a result of the work performed under this Contract are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorney s fees, disbursements, and other response costs are expressly within the scope of this indemnity. (c) The City shall provide Contractor with prompt written notice after receipt of any claim, action or demand ( claim ) made by a third party against the City and/or other indemnified party, provided, however, that no delay on the part of the City or other indemnified party shall relieve Contractor from any obligation hereunder. Contractor shall obtain the City s and other indemnified parties consent for Contractor s choice of counsel and such consent shall not be unreasonably withheld or delayed, such that any responsive pleadings may be timely filed and in every instance, within thirty (30) days after City or other indemnified party has given notice of the claim, and provided further that City and other indemnified party may retain separate counsel co-counsel at their expense and participate in the defense of the claim. If the interests of Contractor and the City and/or other indemnified party conflict and counsel chosen by Contractor cannot, in City s or other indemnified parties reasonable opinion, 7

8 adequately represent Contractor, City and/or other indemnified party, then the cost and expense associated with the City and/or other indemnified party retaining separate counsel shall be borne by Contractor, otherwise, the cost and expense of separate co-counsel retained by City and/or other indemnified party shall be borne by the City or other indemnified party, as applicable. Subject to Contractor s obligation to reimburse City s and other indemnified parties costs of same, City and other indemnified parties will assist Contractor in the defense of the claim by providing cooperation, information and witnesses, as needed to the extent there is no material conflict of interest. i. So long as Contractor has assumed and is conducting the defense of a claim in accordance with the preceding subparagraph, (i) Contractor will not consent to the entry of any judgment or enter any settlement with respect to the claim without the prior written consent of City or other indemnified party, as applicable, which consent will not be unreasonably withheld, unless the judgment or proposed settlement involves only the payment of money damages by Contractor and does not impose any obligation upon the City and/or other indemnified party in connection with such judgment or settlement and Contractor obtains the full and complete release of City and/or other indemnified parties; and (ii) City and/or other indemnified parties will not consent to the entry of judgment or enter into any settlement without the prior written consent of Contractor. ii. If Contractor does not assume and conduct the defense of claim as required above, (i) City or other indemnified party may defend against, and consent to, the entry of any judgment or enter into any settlement with respect to the claim in any manner it reasonably may deem appropriate, and City or other indemnified party need not consult with, or obtain any consent from, Contractor, and (ii) Contractor will remain responsible for any losses City and/or other indemnified party may suffer resulting from, arising out of, relating to, in the nature of, or caused by the claim to the fullest extent provided in this Section 6 (Indemnification). 3. Compliance With Laws. Good Tidings shall, at its expense, conduct and cause to be conducted all activities on the Permit Area allowed hereunder in a safe and prudent manner and in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity (including, without limitation, the Americans with Disabilities Act), whether presently in effect or subsequently adopted and whether or not in the contemplation of the parties. Good Tidings shall, at its sole expense, procure and maintain in force at all times during its use of the Permit Area any and all business and other licenses or approvals necessary to conduct the activities allowed hereunder. Good Tidings understands and agrees that City is entering into this Permit in its capacity as a property owner with a proprietary interest in the Permit Area and not as a regulatory agency with police powers. Nothing herein shall limit in any way Good Tidings or Contractor s obligation to obtain any required regulatory approvals from City departments, boards or commissions or other governmental regulatory authorities or limit in any way City's exercise of its police powers. 4. Indemnification. To the fullest extent permitted by law, Good Tidings shall indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall 8

9 defend them against any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Good Tidings and its Contractors or loss of or damage to property, arising directly or indirectly from Good Tidings and its Contractors performance of this Agreement, including, but not limited to, Good Tidings and its Contractors use of facilities or equipment provided by City or others, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement, and except where such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of City and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on Good Tidings, its subcontractors or either s agent or employee. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and City s costs of investigating any claims against the City. Good Tidings shall indemnify and hold City harmless from all loss and liability, including attorneys fees, court costs and all other litigation expenses for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by City, or any of its officers or agents, of articles or services to be supplied in the performance of this Agreement. The obligations set forth in this section shall survive termination of this Agreement. 5. Insurance. (a) Without in anyway limiting Good Tidings liability pursuant to the Indemnification section of this Agreement (Section 4), Good Tidings shall maintain in force at all times during the term of this Agreement insurance in the amounts and coverage specified in Exhibit C of this Agreement (Insurance) and shall as an additional insured the City and County of San Francisco, its Officers, Agents, and Employees. Before commencing any operations under this Agreement, Good Tidings shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement. Compliance with the provisions of this section shall in no way relieve or decrease the Good Tidings indemnification obligations under this Agreement or any of Good Tidings other obligations hereunder. (b) Regarding Workers Compensation, Good Tidings hereby agrees to waive subrogation which any insurer of the contractor may acquire from the contractor by virtue of the payment of any loss. Good Tidings agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Good Tidings, its employees, agents and subcontractors. 6. Public Relations. RPD, Good Tidings and the Warriors Community Foundation shall use good faith efforts to cooperate on matters of public relations and media responses related to the Project. The Parties shall also use good faith efforts to cooperate with any inquiry by the other Parties or by the public in regard to this Agreement. This Agreement, and any report or memorandum between the Parties, shall be subject to the disclosure requirements of the City's Sunshine Ordinance and the California Public Records Act. Any response to an inquiry 9

10 by a news or community organization to RPD, Good Tidings or the Warriors Community Foundation in reference to the Project shall include a recommendation to contact the other Parties. Neither RPD, Good Tidings nor the Warriors Community Foundation shall issue a press release in regard to this Agreement without providing prior notice to the other party. To facilitate the execution of this Section, the City, Good Tidings and the Warriors Community Foundation have each designated one person as a spokesperson with respect to this Agreement. All media contacts to RPD will be directed to the Deputy Director of Policy and Government Affairs at the address provided for RPD in Section 9 below. All media contacts to Good Tidings will be directed to the Founder and Chairman at the address provided for in Section 9 below. All media contacts to the Warriors Community Foundation will be directed to the Warriors Director of Corporate Communications at the address provided for in Section 9 below. Nothing in this Agreement shall prohibit RPD, Good Tidings or the Warriors Community Foundation from discussing this Agreement in response to inquiries from the public or the press. 7. Final Acceptance. Upon notice from Good Tidings that the Court Maintenance is complete, in accordance with the approved plans, RPD shall, within 10 working days of such notice, perform a final inspection. Upon RPD s inspection and decision to accept the work as being in accordance with the approved plans, RPD will, no later than 5 days from such decision to accept the work prepare a letter of final acceptance (the Acceptance Letter ) addressed to Good Tidings. Upon receipt of the Acceptance Letter, Good Tidings shall immediately remove all of its property from the Park and shall repair, at Good Tidings cost, any damage to the park caused by such removal or caused by Good Tidings construction activities in the Park, and shall restore the Park to its condition prior to construction of the Court Maintenance undertaken by Good Tidings. 8. Termination. The Department may terminate this Agreement and the Court Maintenance to be performed by Good Tidings or any other entity associated with the Grant or the Court Maintenance project for any reason and without cause, upon not less than seven (7) days written notice to Good Tidings. 9. Contacts/Notices RPD: 501 Stanyan Street, San Francisco, CA Media and Public Relations Golden Gate Park Partnerships Alex Randolph, Deputy Director of Policy and Government Affairs Eric Andersen, Superintendent Nathan Tinclair, Assistant Director alex.randolph@sfgov.org Eric.anderdsen@sfgov.org Nathan.tinclair@sfgov.org (415) (415) (415) Contacts/Notices Good Tidings Foundation: 1469 Rollins Road, Burlingame, CA Founder and Chairman Larry Harper larry@goodtidings.org (800)

11 Contacts/Notices Warriors Community Foundation: 1011 Broadway, Oakland, CA Foundation Corporate Communications Jose Gordon, Executive Director Lisa Goodwin, Director (510) (510) Miscellaneous. a) This Agreement may be amended or modified only in writing signed by Good Tidings and the Department. b) This Agreement (including the Exhibits hereto, which are incorporated herein by reference) contains the entire understanding between the Parties as of the date of this Agreement, and all prior written or oral negotiations, discussions, understandings and agreements are merged herein. c) All actions described herein including but not limited to the performance of the Court Maintenance as permitted herein, are subject to and must be conducted and accomplished in accordance with the applicable requirements of the City s charter, its municipal code and applicable state and federal laws, building codes and regulations. d) Except as expressly provided to the contrary, all approvals, consents and determinations to be made by the City hereunder may be made by the General Manager of RPD or his or her designee in his or her sole and absolute discretion. 11

12 IN WITNESS WHEREOF, the Parties have indicated their approval effective as of the respective dates set forth by their names. Approvals: Larry Harper, Founder and Director Date Phil Ginsburg, General Manager Date Good Tidings Foundation Recreation and Park Department 1469 Rollins Road 501 Stanyan Street Burlingame, CA San Francisco, CA APPROVED AS TO FORM: DENNIS J. HERRERA CITY ATTORNEY By: Manu Pradhan Deputy City Attorney Attachments: Exhibit A: Approved Scope of Work Exhibit B: Permit Area Exhibit C: Insurance Requirements 12

13 EXHIBIT A SCOPE OF WORK 13

14

15

16 EXHIBIT B PERMIT AREA 14

17 Golden Gate Park Panhandle Basketball Court Resurfacing Permit Area

18 EXHIBIT C INSURANCE REQUIREMENTS 1) Workers Compensation, in statutory amounts, with Employers Liability Limits not less than $1,000,000 each accident, injury, or illness; and 2) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence and $2,000,000 general aggregate for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and 3) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence, Combined Single Limit for Bodily Injury and Property Damage, b. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide: 1) Name as Additional Insured the City and County of San Francisco, its Officers, Agents, and Employees. 2) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought. c. All policies shall be endorsed to provide thirty (30) days advance written notice to the City of cancellation for any reason, intended non-renewal, or reduction in coverages. Notices shall be sent to the City address set forth in the Section entitled Notices to the Parties. d. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the contract term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies. e. Should any required insurance lapse during the term of this Agreement, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance. f. Before commencing any Services, Contractor shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Approval of the insurance g. The Workers Compensation policy(ies) shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. h. If Contractor will use any subcontractor(s) to provide Services, Contractor shall require the subcontractor(s) to provide all necessary insurance and to name the City and County of San Francisco, its officers, agents and employees and the Contractor as additional insureds. 15