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Home My WebLink AboutMETRO PRO ROAD SERVICES, INC. DBA A&P TOWING - 2013INSURANCE ON FILE WORK Nek, rR=EED UNTti_+y,eauRANCE EXPIRES ICLE:m Of COUNCIL Q)At E% SERVICE AGREEMENT N-2013-047 APR 2 5 2013 ROTATIONAL TOW PROVIDER a.s ? p cl> / ?or1 1? Cpl • M• hCtrhr,THIS AGREEMENT, made and entered into this _L day of 2013 by and between Metro Pro Road Services, Inc., dba A&P Towing, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing vehicle towing and storage services. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide vehicle towing and storage service at the request of the Santa Ana Police Department, on a rotational basis, in accordance with the terms and conditions set forth in the Scope of Service, attached hereto as Exhibit A and incorporated by this reference. The City intends to contract with several tow companies to provide necessary towing services on a rotational basis. Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, owner's request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services and administrative oversight of vehicles in the custody of the contractor. 2. COMPENSATION a. The parties intend that towing and storage fees will be paid by the vehicle owner at the rates and charges set forth in Contractor's then current and approved fee schedule, attached as Exhibit B and incorporated by this reference. b. When Contractor provides services chargeable to the City as set forth in Exhibit A, Section III, Subsection 1. The Contractor shall submit a monthly invoice by the 15th of the month to the City for any such services rendered in the prior month, if applicable. The invoice shall include all information enumerated in CVC § 22651.07(e) and include the following information: i. Contractor's invoice number ii. Santa Ana Police Department's case number c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance for professional towing services or in accordance with the standards set forth in this agreement. d. Adjustments to the Towing and Storage Fee Schedule The Police Tow Committee shall examine the towing and storage rates authorized in accordance with this agreement on an annual basis. The Police Tow Committee may adjust the towing and storage rates, not to exceed two percent (2%) annually, based on the most recent statistics, as follows: the two indices which will be used for determining adjustments to the towing and storage fee schedule shall be the prior twelve (12) months, reporting month December, Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside Consolidated Metropolitan Statistical Area, published by the United States Department of Labor's Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve (12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten (10%) percent. However, fee adjustments will only be made if justified and shall occur at the sole discretion of the Chief of Police based on recommendations from the Police Tow Committee. 3. TERM This Agreement shall commence on April 1, 2013 and continue through March 31, 2014, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended up to four (4) additional one-year periods, at the option of the Chief of Police. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance - the Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. b. Business Automobile Liability Insurance, or equivalent form, shall be maintained by the Contractor with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles as well as uninsured motorist coverage with a combined single limit of not less than $1,000,000 per occurrence. c. Worker's Compensation Insurance - in accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Contract, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Garage Liability and Garage Keeper's Liability Insurance - the Contractor shall maintain garage liability insurance to include all premises, operations and coverage for bodily injury and property damage with a combined single limit of not less than $1,000,000 per occurrence as well as garage keeper's liability insurance for vehicles in the care, custody and control of the operator in the storage facility with a single limit of not less than $100,000 per occurrence. e. On-Hook Insurance - the Contractor shall maintain on-hook insurance with limits not less than those required by the California Highway Patrol: 1. Class A tow truck - $25,000 2. Class B tow truck - $50,000 3. Class C or Class D tow truck - $100,000 f. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 1.) Commercial general liability and business automobile insurance policies shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (e) contain standard separation of insureds provisions. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2.) Certificates of insurance shall be furnished to the City upon execution of this Contract and shall be approved in form by the City Attorney. 3.) All of the Contractor's storage facilities shall be listed in the certificates of insurance. 4.) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. g. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Contract. Such termination shall not affect Contractor's right to be paid for services satisfactorily provided in accordance with this agreement prior to notification of termination. The Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. NOTICE With the exception of insurance certificates and renewals covered by Section 5.f.4., above, any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 With courtesy copies to: Santa Ana, CA 92702-1988 Fax 714- 647-6956 Office of the Chief of Police City of Santa Ana Santa Ana Police Department Traffic Division 60 Civic Center Plaza Santa Ana, CA 92701 Fax 714-245-8190 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: A&P Towing Mr. Brad Humpreys 2550 S. Gamsey St. Santa Ana, California 92707 Fax 714-556-7600 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT a. Inasmuch as this Contract is intended to secure the specialized services of Contractor, the Contractor may not sell, assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such sale, assignment, transfer, delegation or subcontract without the City's prior written consent shall nullify and void any existing contract with the City. b. Unless previously approved by the City, the sale or transfer of the controlling interest in a company shall be cause for immediate termination of this contract and the Contractor shall be replaced on the Rotational Tow List by another company on an existing eligibility list or during a future RFQ process. 11. TERMINATION a. The City reserves the right to immediately terminate the contract, without penalty, for cause. b. hi the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's Project Manager. If possible, the Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may terminate the Agreement forthwith by giving written notice to Contractor's Project Manager. The City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. c. As described in Exhibit A, Section III, Subsection T, concerning the investigation and disposition of complaints, the City may terminate this agreement immediately for cause if it has been determined by the Police Department's Tow Committee, with concurrence from the Field Operations Bureau Commander, that the Contractor has committed major or minor rule violations associated with this agreement, or has committed violations of the law, and termination of the contract is deemed to be the appropriate disposition. d. This agreement may be terminated without cause by City by written notice delivered to the Contractor either personally or by mail, thirty (30) days prior to the end of the then current term. Upon termination, City shall pay Contractor for services rendered as specified in the Agreement prior to the effective date of termination. 12. CONTRACTOR OPTION FOR TERMINATION The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event of nonpayment by the City. Such request will require ninety (90) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall make every effort to solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Contractor shall provide to City, a description of efforts and procedures used to notify residents of employment opportunities as they occur but, at a minimum, once each year prior to the City exercising its option to extend the contract. 15. CONTRACTOR'S PARTICIPATION AT COMMUNITY MEETINGS, EVENTS AND PUBLIC AWARENESS CAMPAIGNS If requested by City, the Contractor shall agree to participate in community meetings, community events and public awareness campaigns, such as National Night Out, DUI presentations or any other neighborhood or City event. Such participation shall be upon City request provided with reasonable notice of the event. Such events will not exceed four (4) requests per year. 16. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. 17. FINES The Contractor shall be liable for all violation fines levied against the City by any Federal, State or local agency, including but not limited to the Air Quality Management District (AQMD), and the Regional Water Quality Control Board, due to the action or failure to act by Contractor. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: '. -)1- Z J Rey" MARIA D. =AR Clerk of the Council CITY OF SANTA ANA CARLOSROJAS Chief of Police APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ` TA -4. i ? . Laura Sheedy Assistant City Attorney METRO PRO DBA A&P TO INC. EXHIBIT A SCOPE OF SERVICES 1. DESCRIPTION AND SCOPE OF SERVICES Contractor shall provide Police Rotational Towing and Storage Services as outlined in Santa Ana Municipal Code § 32-107. The Contractor(s) agrees to perform all services as outlined herein within the corporate city limits of the City of Santa Ana or any other jurisdiction as directed by a member of the Santa Ana Police Department. 1. Contractor(s) will collectively assume responsibility for all towing and storage needs, and all other related functions as described herein, for the Santa Ana Police Department on a rotational basis. 2. Contractor shall ensure that all employees working on this project meet the minimum personnel and training standards identified herein. 3. City Staff shall have the right to modify, reduce or delete rotational tow services and remove contract personnel with prior notice to Contractor. 4. The Contractor shall provide sufficient personnel and equipment, but in no case less than the minimum required, to carry out the duties required by this Contract within specified timelines. 5. The term of the contract is one (1) year, with a possibility of four (4) additional, one (1) year renewal options at the discretion of the City for a maximum total of five (5) years. II. USE OF ROTATIONAL TOW LIST A. CRITERIA AND RULES FOR USE BY POLICE EMPLOYEES The City agrees to utilize the rotational tow list for all service requests initiated by members of the Santa Ana Police Department except where provided for in this agreement. Therefore, the City agrees to operate under the following policy guidelines unless reasonably necessary to deviate due to exigent or unforeseen circumstances: 1. Whenever a driver or owner specifies a particular club, association or tow service to care for his/her vehicle, the garage or tow service requested shall be called and such calls shall not constitute a rotational tow call. When a driver does not specify a particular garage or tow service, the garage or tow service called shall be taken from the rotation list in the proper order. When more than one vehicle is to be towed from a collision scene and the drivers do not specify a preference, the rotation list shall be followed on the basis of one tow truck for each vehicle utilizing the proper rotational order. The rotation list shall be followed on a per vehicle basis rather than per collision or call for service. When multiple Contactors are called to the same incident, the distribution of vehicles shall be determined by the police officer at the scene. 3. If the eligible Contractor does not answer the telephone or acknowledge the call via a software dispatch system, is unable to respond, unable to perform the required services, refuses to respond or provide the requested service, or is cancelled due to an excessive response time, that company shall be passed over and shall not be eligible until the Contractor comes up on the rotation list again. 4. It shall be the responsibility of the Contractor to notify the Police Department if it is unable to respond within the required time limit or with the appropriate equipment for the type of service requested. 5. If it is determined the Contractor is not needed and is cancelled by the Police Department or the vehicle owner, the Contractor shall be placed back on top of the rotation list and no charge shall result from the call. 6. The rotation list shall be used on occasions where an officer stores or impounds a vehicle and the driver or owner is not consulted or is not present. All employees of the Police Department are specifically prohibited from soliciting or recommending any garage or tow service, either directly or indirectly. All officers are directed to ascertain from the party in charge of the vehicle as to their preference of a towing agency. A request of "no preference" by the person in charge will be relayed to dispatch by the officer and will result in a call to the Contractor that is next up on the rotation list. B. REPORTING PROCEDURES All officers requesting a tow truck from the rotational list for the towing, storing or impounding of a vehicle shall complete the Santa Ana Police Department storage/impound form when required by Departmental policy or procedure. The form shall be signed by both the officer and the driver of the tow truck. A copy of the Santa Ana Police Department storage/impound form shall be given to the tow truck driver prior to the vehicle being towed from the scene. III. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES A. WORK ASSIGNMENTS AND SCHEDULE The Contractor shall be available to provide services within the corporate limits of the City of Santa Ana 24-hours per day, seven (7) days per week, 365 days per year. There are no exceptions for holidays under the project. The Contractor shall also make reasonable accommodations for its personnel to attend meetings with City staff from the Police Department, City Attorney's Office or any other City Agency as required by the Project Manager. B. WORKING HOURS AND RESPONSE TIMES All services under this contact shall be available 24-hours per day, seven (7) days per week, 365-days per year without exception. 2. The Contractor's owner, principal or business manager shall have a minimum of five (5) years of verifiable experience in the towing for-hire industry. If the owner, principal or business manager possessing this requisite experience is no longer employed by the Contractor at any time during the course of the contract, the Contractor shall immediately report such change in condition to the City's Project Manager and participation on the rotation list shall be suspended until a new owner, principal or business manager is identified and approved. 3. The Contractor shall have a dispatcher on-duty 24-hours per day with the capability to communicate instantly with all trucks and/or drivers assigned to this project. 4. All requests for tow services shall be acknowledged or refused within three (3) minutes by the Contractor's dispatcher and response to the scene shall occur within 20 minutes from the time the Contractor is notified by the Police Department's Communications Division. a. The 20 minute response time applies only to tow requests requiring a Class A or Class B tow truck. b. The Contractor shall be required to comply with this requirement by providing appropriate staffing levels and, if necessary, strategically staging personnel during peak traffic times to allow drivers sufficient time to arrive while complying with all traffic laws and regulations in their response to service requests. c. For any request requiring a Class C or Class D tow truck, the Contractor shall have the necessary equipment on scene within 45 minutes of notification by the Police Department's Communications Division if a Department employee identifies the need for such equipment or when determined by the Contractor's employee after responding to the scene and assessing the situation. 5. The Contractor shall be required to have a minimum of one (1) driver on duty 24- hours per day, seven (7) days per week. In addition, the Contractor shall have at least one (1) other driver on-call or stand-by. C. CONTRACTOR AND PROJECT MANAGEMENT REQUIREMENTS The Contractor shall furnish all personnel necessary to fulfill the obligations of this Contract. A list identifying the names of all personnel assigned to work on this project on behalf of the Contractor shall be provided to the City's Project Manager or designee. This information shall include the name, date of birth, driver's license number, social security number, business and residence addresses, the Contractor's Project Manager and secondary supervisor, and all tow truck operators working pursuant to this agreement. 3. The Contractor shall identify the person assigned as the Contractor's Project Manager for this project. That person shall be available to the City during normal business hours and will be the primary contact between the City and the Contractor on matters relating to the enforcement services provided through this Contract. This person shall have substantial expertise and experience in tow and recovery operations as well as business operations for the company. 4. The Contractor's Project Manager shall be the primary daily operations contact to the City and as such, shall do the following: a. Respond to complaints from the Police Department, customers or the community. A copy of any complaints lodged directly with the Contractor regarding services provided under this contract shall be provided to the City's Project Manager or designee immediately as well as the steps being taking to resolve the complaint and the date a resolution can be expected. A copy of the final disposition shall also be provided to the Project Manager or designee within 15-days unless an extension has been granted in writing prior by the Project Manager. b. Meet with City's project manager as requested, up to once per month, to discuss and clarify operational assignments and expectations. c. Ensure Contractor personnel perform all duties as required. d. Prepare and submit monthly reports as required. 5. The Contractor shall be required to designate a second person that may be contacted in the absence of the Contractor's Project Manager. This person shall also have authority over the Contractor's personnel and shall be a member of the Contractor's staff with authority to represent the Contractor on policy matters. D. CONTRACTOR'S PERSONNEL REQUIREMENTS 1. Each of the Contractor's employees performing work pursuant to this Contract shall: a. Be approved by the Project Manager or designee to perform work on behalf of the City. b. Have ability to read, write legibly, speak and comprehend the English language - Bilingual fluency in Spanish or other language approved on the City's bilingual list is preferred. c. Be at least 18 years of age; d. All tow truck drivers employed by the Contractor and used for this project must be competent and proficient in all aspects of their duties related to tow and recovery services. This requirement shall provide that any tow driver responding to a scene will be capable of safely towing and/or recovering a vehicle under most circumstances without delay. e. All tow truck drivers employed by the Contractor shall complete an approved tow truck driver training program approved by the California Highway Patrol (CHP) pursuant to their Tow Service Agreement Advisory Committee (TSAAC) prior to performing any work related to this project. Proof of successful course completion, the name of the provider and the curriculum taught shall be provided to the Project Manager or designee prior to any driver performing any work on behalf of the City. 2. Pass a background and fingerprint check that shall include a review of the employee's criminal history that would pose a liability for the City including crimes of violence, moral turpitude, theft or unsafe driving practices. 3. The Contractor and all tow truck drivers shall be required to participate in a controlled substance and alcohol testing (CSAT) program and provide proof of enrollment. a. Drivers requiring a Class A, Class B or commercial Class C (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. b. Drivers not required to possess a Class A, Class B or commercial Class C license shall also be enrolled in a CSAT program substantially similar to the requirements outlined above. c. The Contractor shall ensure selection pools for commercial and non-commercial licensed drivers are maintained separately. d. A driver possessing a non-commercial driver's license who returns with a positive test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. 4. All employees assigned by the Contractor shall have a valid California driver's license and remain in good standing with the California Department of Motor Vehicles. a. Tow truck drivers must possess the proper license class, including endorsements, for any tow truck or combination of tow truck and vehicle they operate in the performance of their duties pursuant to this contract. Tow truck drivers shall remain certified and in compliance with CVC § 12520 at all times. b. The Contractor and all tow truck drivers shall be enrolled in the Employer Pull Notice (EPN) program. i. The Contractor shall provide a current list of drivers and a copy of the EPN report. ii. Newly hired tow truck drivers shall be enrolled in the EPN program and proof provided to the Santa Ana Police Department within 30 days of the employee's hire date. Only employees of the Contractor necessary to complete an assignment shall respond to the scene of a request for service (no spouse, children, animals, etc.). 6. Tow truck drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. Under no circumstances shall a Contractor's employee carry or be armed with any type of weapon whatsoever while providing service pursuant to this Contract. 8. The Contractor shall provide and pay for all uniforms for contract personnel assigned to work in the field. a. Uniform specifications shall include the name of the company and the employee's name affixed to the employee's shirt. b. The City's Project Manager or designee shall review and approve all uniforms. Uniforms shall fit properly without excessive wear. The uniform must be clean, free of any offensive odors and present a neat appearance. c. All tow truck drivers shall wear appropriate safety garments (e.g. vests, jackets, shirts, retroreflective clothing) in accordance with California Code of Regulations, Title 8, § 1598. If the tow truck driver is working on a Federal-aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high- visibility personal protective safety clothing to be worn that meets the Performance 2 or 3 requirements of the ANSI/ISEA 107-2004. The City's Project Manager or designee shall conduct the final review of all contract employees prior to being assigned to perform services related to this project on behalf of the City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion regarding personnel working under this contract. The Chief of Police or his designee may remove contract personnel, upon telephone notification to the Contractor. E. REQUIRED TOW VEHICLES AND EQUIPMENT 1. At a minimum, the Contractor shall possess and maintain the following classes of tow vehicles (meeting requirements as defined in the most current version of CHP 234B - Tow Truck Inspection Guide): a. Four (4) Class A tow trucks designed for light duty towing operations. b. One (1) Class B tow truck designed for medium duty towing operations. c. One (1) Class C tow truck designed for heavy duty towing operations. 2. In addition, the Contractor shall either possess and maintain, or have immediate access to, one (1) Class D tow truck designed for super heavy duty towing operations (meeting requirements as defined in the most current version of CHP 234B - Tow Truck Inspection Guide). 3. The Contractor shall provide a listing of all towing vehicles or any substitute vehicle that may be used pursuant to this agreement. Such list must provide the following information: a. Make, model, and year. b. Tow truck classification (e.g. Class A). c. Vehicle and engine identification numbers. d. Company identification number. e. California license number. f. Company vehicle color(s). The company name, business address, telephone number and tow truck identification number shall be permanently and properly affixed to each vehicle in a manner prescribed pursuant to CVC § 27907. 5. There shall be no words or language affixed to the vehicle associating the Contractor or the vehicle with the Santa Ana Police Department (e.g. "official police tow") without the prior written approval of the City's Project Manager. 6. At no time shall the Contractor exceed the gross vehicle weight rating (GVWR) and/or safe loading requirements of the tow truck, including, but not limited to, exceeding the tow trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or failure to maintain 50 percent of the tow truck's unladen weight on the front axle when lifting or carrying a load. 7. The authorized Towing and Storage Fee Schedule shall be posted in public view in all tow trucks. 8. Contractors shall not share equipment with any other Contractor with the limited exception of access to a Class D tow truck as specified above. 9. All of the vehicles identified above and used in accordance with this agreement shall be equipped with the minimum equipment required to perform towing operations as well as the equipment pursuant to CVC § 27700 and the "Service and Other Equipment" section of the CHP 2348 (Tow Truck Inspection Guide) form. The Contractor may also be required to carry any other safety devices reasonably required by the City. 10. The contractor shall maintain all vehicles and equipment in good repair for use by the Contractor's employees assigned to perform services pursuant to this agreement. The Contractor shall be responsible for, and pay for all operating expenses, equipment, maintenance and insurance for vehicles assigned to perform work related to this agreement. All tow trucks shall be equipped and maintained in accordance with applicable sections from the California Vehicle Code, Title 13 of the California Code of Regulations, the requirements of this Contract and industry standards. 11. All vehicles shall be kept clean, be free of offensive odors and maintain a professional appearance. 12. All tow trucks shall be inspected annually by the California Highway Patrol and maintain a current Commercial Vehicle Safety Alliance (CVSA) decal. The Contractor shall provide current copies of CHP 234B (Tow Truck Inspection Guide) and CHP 407F (Safetynet DriverNehicle Inspection Report) for each vehicle to the City's Project Manager or designee. 13. The Contractor agrees that the Santa Ana Police Department may inspect any vehicle, without prior notice, at any time during normal business hours. 14. The Contractor shall provide instant communication access via cellular phone or radio to all personnel while performing their duties. F. CONTRACTOR'S BUSINESS OFFICE REQUIREMENTS 1. The Contractor shall maintain an office and storage facility within the corporate limits of the City of Santa Ana and remain in compliance with any requirements imposed by the Police Department, the Planning Division or any other Department, Agency or Agent of the City of Santa Ana in accordance with federal regulations, state law, the Santa Ana Municipal Code and this agreement. 2. It is preferable that the office and storage facility be at the same location to minimize the impact on the community. However, should additional locations exist, the Contractor agrees to conduct all business from the primary facility and any costs associated with operating a secondary location and/or moving vehicles to or from that secondary location shall not be passed along to any customer covered under this agreement. 3. The primary facility shall have a sign clearly visible to the public that identifies the location as a towing service. 4. The business hours shall be clearly posted but, at a minimum, shall be Monday through Friday from 8:00 a.m. to 5:00 p.m. except for City recognized holidays. 5. The office shall be sufficiently staffed to allow customers to speak with a company representative during normal business hours without unnecessary delay. 6. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be posted in public view in the Contractor's office and/or storage facility in compliance with California Civil Code § 3070 and CVC § 22651.07. 7. The Contractor shall comply with the provisions of CVC § 22651.1. 8. The Contractor shall maintain records of all tow services furnished by the Contractor at the primary office location. a. Invoices shall contain the required itemized information pursuant to CVC 22651.07(e). b. Itemized invoices shall contain a distinct notice upon the invoice stating "Upon request, you are entitled to receive a copy of the "Towing Fees and Access Notice." This notice shall be contained within a bordered text box, printed in no less than 10-point type pursuant to CVC 22651.07(a)(1)(B)(3). 9. The operator's primary business office shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver's record of duty status (intrastate and/or interstate), and Federal Communication Commission licensing (if applicable). 10. The Contractor agrees that a representative from the Santa Ana Police Department may inspect all business records, facilities and vehicles without notice during normal business hours. 11. The Contractor shall permit the Santa Ana Police Department to make copies of business records at its place of business or remove business records for the purpose of reproduction. 12. Lien fees, or any fees related to the preparation of a lien, shall not exceed the amounts allowable in the Towing and Storage Fee Schedule and in compliance with all relevant provision of the California Vehicle Code and California Civil Code. G. STORAGE FACILITY AND VEHICLE STORAGE REQUIREMENTS It is preferable that the storage facility be located at the same location as the primary business office. However, if located at a different location than the main office, the storage facility must be within the corporate limits of the City of Santa Ana and have an on-site release office at all storage lots. Persons seeking to take possession of their vehicle or property shall not be required to travel to more than one location to recover their vehicle from the Contractor's custody. 2. The storage facility and all vehicles towed at the direction of the City shall be made available to police personnel 24-hours per day, 7-days per week. 3. The entire storage lot must be sufficiently well lit to deter theft. Other theft deterrent devices (e.g. cameras, alarms, on-site personnel, etc.) are highly desirable. 4. The storage lot must be completely secured by a wall or fencing and a gate that is able to be locked to maintain security for stored and impounded vehicles. The minimum height requirement for the fence and gate shall be six (6) feet. 5. The storage lot shall be large enough to hold a minimum of 100 vehicles at any given location. This requirement is the minimum area reserved for Santa Ana vehicles and additional space is highly desirable. All vehicles towed by the City shall be stored within the corporate city limits and the vehicle or any of its contents shall be made available for release within the corporate city limits. If multiple storage facilities are maintained, the Contractor shall only use the secondary lot when the primary lot is full and shall not charge for transportation beyond that of the main storage facility. 6. The Contractor shall also provide an inside storage facility, which must consist of four walls with a solid roof and a door equipped with a locking device. Additional security features are highly desirable. This facility shall be sufficient to reasonably protect vehicles from theft, tampering, weather, environmental conditions or any other circumstances that could cause the removal or contamination of evidence. Access to this area by employees or other individuals shall also be restricted. This facility shall be capable of storing a minimum of four (4) mid-sized vehicles for the City of Santa Ana and sufficient space to conduct forensic analysis of the vehicle on- site if necessary. 7. Vehicles impounded pursuant to CVC § 10751 shall be placed in an area of the storage facility that will provide sufficient space and privacy, allowing auto theft investigators to perform a vehicle inspection without delay. This requirement shall be required for the first ten (10) days of impound. 8. Vehicles will not be released, sold or dismantled until a signed release form has been obtained from the Santa Ana Police Department. The signed release form will be kept by the towing company as proof of authority for the release. 9. Release forms are required for all impounded vehicles. The release form will indicate they are from the Santa Ana Police Department and shall only be signed by authorized members of the Police Department. a. Stolen vehicles recovered by the Police Department will be released to the victim/owner by the Contractor with proof of ownership. Unless specifically noted, no release will be required from the Police Department. b. Stolen vehicles recovered by the Police Department requiring further investigation as determined by the handling officer will be impounded pursuant to CVC § 22655.5, thereby placing a hold on the vehicle. The impound box will be marked along with an explanation in the narrative. These vehicles will not be released until the victim/owner obtains a release from the Police Department. c. If the owner of the vehicle is unable to prove ownership to the tow agency, they will be referred to the Santa Ana Police Department and a release will be issued once ownership is established. 10. When a vehicle is impounded, the towing company will place the word "hold" or other similar notation on the windshield of the vehicle. This is to minimize unauthorized contact with the vehicle and to provide control measures to prevent the inadvertent release. The responsibility for determining and placing the word "hold" or other similar notation on the windshield of the vehicle will be the responsibility of the Contractor at the time of vehicle possession. The Contractor's employee signature on the storage/impound report will acknowledge an understanding of the type of report completed by the officer and any necessary holds. The Contractor should clarify any misunderstandings or omissions on the report at this time. 11. Vehicles towed or stored with an "evidence hold" shall not be touched, moved or tampered with in any manner without the written consent of the City's Project Manager or designee. 12. The Contractor agrees to tow and store vehicles taken pursuant to an "evidence hold" as defined in CVC §§ 22655.5 or 22655(a) without charge to the City and agrees to release the vehicle to the owner at the City's request. Unless waived in whole or in part by the City's Project Manager, the tow company may pursue collections from the registered owner for these charges but shall not exceed the cost of the tow and storage fees for a maximum of thirty (30) days. Furthermore, the Contractor may attempt to collect these fees, or make arrangements to collect these fees, at the time of release but shall not hold the vehicle in lieu of payment unless specifically authorized by the City's Project Manager or designee. 13. In any case where the Police Department inadvertently and/or erroneously causes the impound or storage of a vehicle, or fails to properly notify the owner in a timely manner, the Contractor agrees to release the vehicle at the request of the City's Project Manager or designee and waive all fees or charges associated with the tow. 14. Any personal property released from a vehicle shall occur at the business office or primary storage facility and shall require authorization from the Police Department. All property shall be released pursuant to CVC § 22851(b) and CVC § 22651.07. Personal property includes any property not affixed to the vehicle (e.g. clothes, cell phones, papers, pull-out / detachable face radios, etc.). H. CUSTOMER SERVICE Contractor shall provide service which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. Contractor's personnel are a reflection of the City of Santa Ana and, as such, are expected to: Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer's request has been fulfilled. Maintain a professional demeanor at all times that is free from rude, discourteous or harassing behavior. 4. Comply with all federal, state, county, and city laws and regulations. 5. Use adequate equipment that is kept clean and neat at all times. 6. Train other Contractor employees to be polite and courteous during public contact. 7. Employ truth and accuracy in reporting customer service records. 1. RATES AND FEES Notwithstanding other provisions of this agreement related to rates and fees, the Contractor agrees to comply with the following provisions as they relate to rates and fees charged in accordance with this agreement: 1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and other service fees from the vehicle owner at the time of release. Said fees shall comply with the Santa Ana Police Department's Towing and Storage Fee Schedule, attached hereto as Exhibit B, and incorporated by this reference. 2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for services rendered but nothing in this Contract shall preclude the Contractor from charging less than the maximum fee allowed. 3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a call requiring a lighter class tow truck to perform requested services. However, the Contactor acknowledges that fees may only be charged for the class necessary to perform the requested services and not necessarily for the class of tow truck dispatched to the call. 4. No fees maybe charged for personnel, equipment or services reasonably necessary to perform the required service. 5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently cancelled on-scene by the Santa Ana Police Department, unless the Contractor has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed pursuant to Civil Code § 3068(a). a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for any services performed or initiated and subsequently cancelled. b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any services performed or initiated, and subsequently cancelled by the department. However, in such cases, the incident shall not be considered a rotational call and the Contractor shall be returned to the top of the rotation list. 6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities and tow trucks pursuant to CVC § 22651.07. 7. Rate adjustments may be considered based on the criteria set forth in Agreement Section 2.d., "Compensation". 8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be subject to disciplinary action. 9. The Contractor shall not seek payment from the City of Santa Ana for services provided pursuant to this Agreement. However, the City shall be responsible for the following charges ordered by the City pursuant to this Agreement: a. Collision cleanup pursuant to Section III, Subsection L, below; b. Other services authorized by the City's Project Manager prior to the performance of said duties. J. MISCELLANEOUS PROVISIONS 1. The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP) permit, which shall be provided to the City's Project Manager or designee. The expiration or suspension of the MCP shall result in immediate suspension from the rotation list as well as possible disciplinary action. 2. There may be times when the Contractor comes across a vehicle blocking the roadway although not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This service shall be provided without cost to the City or vehicle owner, and shall not affect the Contractor's position on the rotation list. 3. The Contractor shall be held accountable for all vehicles, personal property and vehicle accessories once the vehicle is in the possession of the driver and/or stored at their facility. The Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once the vehicle is in the custody of the Contractor. 4. There shall be no photography or video recording at the scene of a tow or collision by the Contractor or any employee unless directly related to the towing operation. Photographs or video recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but in no case shall capture any image of a person(s) injured or killed at the scene. 5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a gratuity to any member of the City in violation of CVC § 12110(a). 6. The Contractor shall remain in compliance with CVC § 10652 as required. Due to the negative perception of Private Party Impounds (PPI's) and the nexus to predatory towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police Department have an interest in ensuring any Contractor working on its behalf is not associated with these practices. In addition, tow companies that engage in PPI's are subjected to complaints and investigations on a more frequent basis than those that do not participate in this facet of the towing business. Therefore, the City strongly discourages any Contractor assigned to the rotational tow list from engaging in PPI's within the corporate limits of the City of Santa Ana. Subject to the investigative process outlined in this Contract, any company found to be in violation of PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws or regulations associated with PPI's shall be subject to suspension or immediate removal from the rotation list for sustained complaints or convictions for violations of the law. K. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE The City intends to implement the use of Dispatch & Tracking Solutions (DTS) software in concurrence with this project. The Contractor shall utilize the most recent, updated, upgraded Dispatch & Tracking Solutions software program (DTS), or any other software solution selected by the City, to dispatch and track tow activity via a web-based Internet connection. All tow requests originating from the Santa Ana Police Department may be made utilizing this program. The Contractor's failure to have the DTS program in full operation and to acknowledge tow requests in a timely manner pursuant to this Contract shall result in a finding of default and shall result in immediate suspension from the tow rotation list. Failure to remedy the problem as set forth in Section 11. B. of the Agreement, shall be grounds for the termination of the agreement between the City and the Contractor. The Contractor must enter into a separate agreement, contract, or license for DTS software, or any other software solution implemented by the City, with the owner of that proprietary software. The City shall not provide the software program, any licensing or sub-licensing thereof or any intermediary services for the procurement by the Contractor of the software program. This Contract shall not be executed by the City until the Contractor has demonstrated to the City's Project Manager or designee satisfactory compliance with the requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and service charges required for the procurement and use of DTS software or any similar software solution. If the City should elect to use a different program than DTS at some point in the future, the Contractor agrees to comply with the above requirements as it relates to the new software solution after provided reasonable notice by the City and sufficient opportunity to procure said software program. L. RESPONSIBILITIES WHEN RESPONDING TO CALLS FOR SERVICE 1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the Contractor's employee will clean-up all debris at the scene in accordance with CVC § 27700 without charge to the City. a. If this service does not result in a vehicle tow, it shall not be considered a rotational call and the tow company shall be placed back on the top of the rotational tow list. b. Police employees should not call a rotational tow to the scene of a collision for the sole purpose of cleaning up debris. However, should this occur or become necessary, the Contractor may bill the City for the cost of the response in accordance with the City's Towing and Storage Fee Schedule. M. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS 1. Contractor acknowledges that the services provided under this contract are integral to the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore, the Contractor agrees to perform the duties of this contract regardless of weather or other adverse conditions including, but not limited to, any disasters whether man-made or acts of God. 2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing levels to meet the increased demands for service during these times. 3. Should the Contractor be unable to fulfill their responsibilities under the conditions described in this section, the Contractor shall be responsible for any and all costs incurred by the City should the need to hire outside contractors become necessary to meet the needs of the Police Department due to the Contractor's default. N. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES 1. The Contractor shall exercise due care and caution at all times for the protection of all persons and property. All fines, penalties and/or repair charges resulting from the Contractor's actions shall be the sole responsibility of the Contractor. 2. Understanding that the Contractor will respond to calls involving traffic collisions or traffic hazards, and pursuant to CVC § 22513, the Contractor shall only place or use equipment to block vehicle traffic lanes or render assistance to a motorist while exercising due care for the safety of the tow truck driver, the motorist and the motoring public. Tow truck drivers should be trained in scene management in accordance with this section. The Contractor shall ensure that all appropriate traffic safety warning devices are utilized as deemed necessary. 3. Contractors will be required to respond to calls where vehicles have collided with other objects and may have already caused damage to varying degrees. The methods proposed by the Contractor for towing and recovery services shall be reasonable and consistent with industry standards, best practices, and in a manner that shall not cause unnecessary additional harm, deface or damage any City or private property. In the event that damage to the City's right-of-way or private property has occurred due to the negligence of the Contractor, the Contractor shall be solely responsible for its repair or replacement in excess of the amount covered by the required insurance. 0. SPECIFICATIONS This Scope of Services is intended to cover all labor, material and standards of workmanship to be employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. P. RECORDS 1. The Contractor shall keep accurate records concerning all vehicle tows, vehicle storages and vehicle releases or disposition. 2. In addition, the Contractor shall maintain accurate records of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. 3. The Contractor shall complete a report each calendar month indicating the number of calls for service, the number of vehicles towed, the number of vehicles in storage (regular and secure) and their current status, vehicles released, vehicles sent to lien sale, the status of any other vehicles or services rendered by the Contractor on behalf of the City, GPS information (if requested by the City) or any other information as may be required by the City's Project Manager or designee. 4. A phone log will be submitted monthly of all calls from the Santa Ana Police Department to the Contractor, identifying whether or not those calls required a request for service, and a description of the action taken as a result of the call. 5. The Contractor shall provide monthly customer service phone logs from the public, indicating name, date, time and phone number of caller, reason for the call, any specific requests, the Contractor's response or action, and the amount of time required to address request. Such logs shall be accurate and truthful. 6. The Contractor shall permit the City to inspect and audit its books and records regarding City provided services at any reasonable time. Q. AUDITS AND INSPECTIONS The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s) assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms and conditions of this agreement. All work found during such audits or inspections to be substandard or failing to conform to the requirements of this agreement shall be corrected immediately by the Contractor and the City shall have the right to immediately suspend the Contractor from the rotation list until the issue(s) is/are corrected. Failure to correct in a reasonable timeline, as set forth in Agreement Section 11 b., may result in termination of the contract. R. POLICE TOW COMMITTEE The Police Tow Committee shall be used in furtherance of this agreement or to address other tow related concerns occurring in the City. Duties of the Police Tow Committee shall include, but not limited to: a. Conduct an annual review of Contractor's service and performance based on information and feedback from the City, members of the Police Department, Contractors, tow customers and the community, to ensure it continues to serve the intended goal of providing high quality towing and storage services to the community in a fair and equitable manner. b. Review the Towing and Storage Fee Schedule on an annual basis, conduct necessary research and make recommendations to the Chief of Police. c. Recommend modifications to any future agreements based on input from the above noted stakeholders. d. Engage stakeholders on any issues that require the City's attention related to rotational tow services. e. Review sustained complaints to ensure a fair, impartial and thorough investigation was completed. Based on the investigative findings, the Police Tow Committee shall make disciplinary recommendations in accordance with this agreement, taking into account aggravating and mitigating factors, the seriousness of the violation, the Contractor's complaint history and the Committee's past practice. Since the Traffic Commander may impose disciplinary actions and also has the discretion to reduce recommended discipline based on factors in mitigation, the Traffic Commander may engage in discussions but shall not vote on the Committee's recommended action. f. Address other tow related issues (e.g. private property towing procedures, allegations of unfair business practices by non-rotational tow companies, etc.) and identify measures to mitigate those concerns with the best interest of the community in mind. 2. The Police Tow Committee shall be comprised of the following individuals: a. The Traffic Commander- Chairperson. b. The Police Legal Advisor or other designee from the City Attorney's office. c. One (1) Sergeant from the Traffic Division. d. One (1) Corporal from the Traffic Division. e. One (1) Commercial Enforcement Officer from the Traffic Division. f. One (1) Supervisor from the Field Operations Bureau. g. One (1) Police Officer from the Field Operations Bureau. h. One (1) Detective assigned to investigate auto thefts from the Investigations Bureau. The Police Tow Committee shall meet when necessary. However, the Police Tow Committee may only convene if the Traffic Commander, Legal Advisor and at least three other members are present. 4. The Contractors assigned to the rotational tow list may designate one person to serve as a liaison to the Police Tow Committee. The liaison shall represent the collective interests of the tow companies or provide insight into the professional business practices of a towing company. The Contractors' designee is not a member of the Committee and shall not be present, or participate, during any discussions or actions related to the disciplinary process. S. INVESTIGATION OF COMPLAINTS, LAWS, RULES, OR TERMS AND CONDITIONS OF AGREEMENT Whenever a complaint or allegation is lodged against a Contractor or initiated by the Police Department, the Traffic Commander shall assign a supervisor from the Traffic Division to investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted and the findings documented for review. To the extent required by law, the Contractor shall cooperate fully in the investigation and provide any documentation requested by the investigator to assist in making a finding. In addition, the Contractor shall be given the opportunity, either orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator. The City expects that the Contractor will demonstrate professional business practices and truth in reporting as it relates to any records or information requested. Minor infractions shall include, but not be limited to, situations such as poor customer service, failure to comply with non-safety related terms of the agreement, or minor equipment or facility deficiencies. Major infractions shall include, but not be limited to, situations involving honesty, integrity, safety, security, gross overcharging of a customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658 as it relates to PPI's, criminal violations (moral turpitude, DUI, drug related offenses, theft, etc.), or significant, repeated or flagrant violations of this agreement. If it is determined that criminal charges are appropriate, the assigned investigator shall document the incident on a crime report and present the case to the appropriate prosecuting authority for review. Based on the nature and seriousness of the misconduct being investigated, the Chief of Police may temporarily suspend the Contractor, or its agent individually, from the rotation list until the investigation is completed and a proper disposition is reached. The standard for sustaining a complaint against the Contractor or the Contractor's agent shall be a preponderance of the evidence, regardless of the nature of the violation. Other investigative findings may include unfounded (false or factually incorrect), exonerated (action occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive due to insufficient evidence or independent witnesses). All complaints shall be forwarded to the Traffic Commander for review and approval. Once approved, the results of the investigation shall be sent to the Contractor and any sustained complaints will be forwarded to the Police Tow Committee for review and recommendation. T. DISCIPLINARY ACTION The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms and conditions of this agreement shall be cause for administrative disciplinary action. However, nothing in this agreement shall preclude the City from taking appropriate enforcement action for violations of the law. As soon as reasonably practical, the Traffic Commander shall call a meeting of the Police Tow Committee to review the findings of the investigation and recommend disciplinary action if appropriate. The Police Tow Committee shall take into account the nature of the complaint, the findings of the investigation, past complaints against the Contractor and past practice of the Committee to maintain equitable treatment of all Contractors assigned to the rotational tow list. Depending on the nature and complexity of the sustained violation, the Traffic Commander may allow the Contractor or designee to attend and make a brief statement to the Police Tow Committee, not to exceed 15 minutes in length, and ask additional questions of the Contractor. Disciplinary action shall typically be progressive in nature and based on the Contractor's record during the previous five (5) years from the date of complaint. Therefore, multiple infractions for similar offenses, regardless of their severity, will result in increased disciplinary action. However, this does not preclude the Tow Committee from recommending more serious sanctions where major rule violations have been committed or there are aggravating facts associated with the misconduct. Based on the findings of the Tow Committee, the following actions may be recommended: 1. No further action. 2. Issue a written warning. 3. Impose a suspension for minor violations (one (1) to 30-days). 4. Impose a suspension for multiple minor violations or a single major violation (30 to 90-days). 5. Termination of the contract for cause and immediate removal from the rotation list. The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The Traffic Commander shall have the authority to impose the recommendations of the Tow Committee up to and including the imposition of a suspension for minor violations as long as the suspension does not exceed 30-days in length. However, nothing in this article shall preclude the Traffic Commander from reducing the recommended discipline based on mitigating facts. Recommended suspensions exceeding 30-days in length or termination from the rotation list shall be approved by the Field Operations Bureau Commander prior to imposition. Based on the review of Contractor's complaint history and the nature of the complaint(s), and upon recommendation of the Police Tow Committee, the City may also exercise its right to immediately terminate this agreement if the conduct of the Contractor, or agents, are determined to pose a danger to the public, have an excessive number of complaints that tax the investigative resources of the Police Department, or the Contractor's actions reflect negatively upon the City. U. RIGHT TO APPEAL Upon receipt of a notice to impose disciplinary action, the Contractor shall have ten (10) business days to request a hearing, via the Traffic Commander, to appeal the decision. The Contractor shall have the right to appear in person or submit a written appeal within ten (10) business days of requesting an appeal. All appeals for Contractor's requesting to appear in person shall be held as soon as possible and conducted by the Field Operations Bureau Commander, or designee. The Contractor shall be given the opportunity to present all relevant facts and circumstances in support of the Contractor's position. The Contractor may also offer testimony of qualified individuals that will help strengthen their position, up to a maximum of three people. The Field Operations Bureau Commander may request the Traffic Commander, Legal Advisor, any member of City staff or any other person with expertise be present to assist in determining the appropriate course of action. The Field Operations Bureau Commander shall issue their findings in writing within ten (10) business days of the hearing or receipt of written appeal. If the Contractor disagrees with the findings of the appeal, their final remedy shall be the opportunity to submit a written appeal to the Chief of Police within ten (10) business days, via the Traffic Commander. The Chief of Police shall issue a written decision within (10) business days. The decision of the Chief of Police shall be final and there will be no further opportunities for administrative appeal. Disciplinary action shall not be imposed until the hearing and appeal process has been exhausted. However, if the conduct of the Contractor is deemed to be so egregious or poses a danger to public safety, the City may exercise its right to immediately suspend the Contractor as set forth in this agreement. In such cases, the time during which the Contractor is suspended may be applied to the balance of a suspension imposed by the City, at the discretion of the hearing officer, and shall be the Contractor's only remedy as far as a pre-hearing suspension is concerned. Any time in excess of that credited toward an imposed suspension shall be lost. Failure to request an appeal, submit a written appeal, or appear at a mutually agreed upon hearing will waive the Contractor's right to further appeal and disciplinary action shall be imposed. V. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY All work shall meet with the approval of the Santa Ana Police Department. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative during the first year to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a monthly basis or as determined necessary by the City. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected immediately, or within a reasonable period, may result in the Contractor being found in default of this agreement as described in Agreement Section 11. B., which may result in suspension from the rotation list until the issue(s) is/are corrected in a satisfactory manner as set forth in the specifications or termination. W. MATERIALS AND EQUIPMENT The contractor shall make a reasonable effort to purchase equipment and materials in the City of Santa Ana and to utilize Santa Ana vendors. Contractor shall report its efforts as requested by the City. IV. DEFINITIONS A. City - shall mean City of Santa Ana and representatives of the City of Santa Ana (e.g. Police Department or its agents). B. City's Project Manager - shall be synonymous with the Traffic Commander for purposes of this project. C. Contractor - shall mean any towing company submitting a response to this RFQ and selected to perform services for the City on the Rotational Tow List, and shall include all employees or agents of said company. D. Inclement Weather or Disasters - any adverse weather or environmental conditions, regardless of severity or duration, which places an increased demand or strain on public services, including tow operations, whether man-made or acts of God. E. Street - all paved dedicated public rights-of-way within the existing or future City limits. Public Property - any property under the control and direction of the City of Santa Ana or any other government agency within the corporate limits of the City of Santa Ana or State of California. G. Private Property - any property that is privately owned or held by someone other than a government agency. EXHIBIT B FEE SCHEDULE AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* Service Class A Class B or Flatbed Class C Class D Dolly, Go-Jacks or Linkage Fee Rollover or Winching Fee Clean-up Fee (fee to City capped at $35.00 per occurrence) Hazmat Fee (per five (5) gallon bucket) Vehicle Storage Fees (Daily) Class A - Outside Class A - Inside Class B - Outside Class B - Inside Class C or Class D - Outside Class C or Class D - Inside After Hours Release Minimum Service Call or Drop Fee Lien Sale Mileage (per mile outside the corporate city limits) Fee $175.00 $190.00 $270.00 $325.00 $60.00 $130.00 $60.00 $115.00 $45.00 $50.00 $50.00 $55.00 $55.00 $60.00 50% of the authorized towing charge 50% of the authorized towing charge As authorized by the California Civil and Vehicle Codes $9.00 AC01?o CERTIFICATE OF LIABILITY INSURANCE 0 D2/20 20IDDIV13 02/20 3 / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-955-8700 Arthur J G ll h CONTACT NAME: Arthur J. Gallagher & Co. . a ag er & Co. Insurance Brokers of California, Inc. jJSN?_IW1 (949) 349-9800 qIG No). (949) 349-9967 18201 Von Karmen Ave, Suite 200 EMAIL ADDRESS: Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAIC$ Jerry Niewiadomski INSURER A: EXPLORER INS CO 40029 INSURED M t P R INSURER B e ro ro oad Services INSURER C 2550 South Garnsey Street _ INSURER D: Santa Ana, CA 92707 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 32091737 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOR LTR TYPE OF INSURANCE ADDL MSR SUBR MD POLICY NUMBER POLICY EFF MMIDDIVYYV POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY MAGETO RENTED DAPREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR _ MED EXP (Any one person) _$ PERSONAL & ADV INJURY _ $ PRaOV E ''? L`®- GENERAL AGGREGATE _ $ ` GEN'L AGGREGATE LIMITAPPLIES PER - y ^^ PRODUCTS-COMPIOPAGG $ 0 F 1 }}}} ^"V /''L(1 '$ ?[???? ? ?evL 3I4J1 ? n v POLICY " LOC i j °°°° ?,,,, $ ""'--'"'""°^^°-- - COMBINED SINGLE LIMIT AUT OMOBILE LIABILITY a - d'p' .9 A " f °--^-a ' i ' (Ea accident) $ ANY AUTO !Li e , a . 6 q 1);2.4 nv BODILY INJURY (Per person) $ ALL OWNED SCHEDULED Assimrrd 3_aty /-'a" G me AUTOS AUTOS ' BODILY INJURY (Per accident) $ HIREDAUTOS _ NON-OWNED AUTOS PROPERTY DAMAGE - Per acdtlent) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE - AGGREGATE $ _ OED RETENTION$ $ A WORKERS COMPENSATION X WSD502077100 04/01/13 WC STATU- TH C- X AND EMPLOYERS' LIABILITY 04/01/1 ARV LINLTS ER YIN AN' PROPRIETOR/PARTNER/EXECUTIVE OFf CEWMEMBER EXCLUDED? ? NIA E.L. EACH ACCIDENT $1,000,000 -- (Mandatory In NH) E.I.. DISEASE - EA EMPLOYEE $ 1, 000, 000 If yes, describe under DESCRIPTIONOFOPERATIONSbelow - -- E L. DISEASE - POLICY LIMIT --- $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ADDED 101, Additlonal Remarks Schedule, If mere space le renuired) Blanket Workers Compensation waiver of subrogation WC990634 8/00 attached, where required by written contract. City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 ACORD 25 (2010/05) kriatinl23 32091737 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988.2010 ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990634 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be otherwise due. Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THIS WAIVER IS REQUIRED. 3 % of the total California Workers' Compensation premium Schedule Job Description ALL CALIFORNIA OPERATIONS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04-01-12 Polley No. WSD 5020771 00 Endorsement No. Insured METROPRO ROAD SERVICES Premium $ INCL. Insurance Company EXPLORER INSURANCE COMPANY Countersigned By WC 99 06 34 (Ed. 8-00) INSURED AGENCY CUSTOMER ID: _ LOC #: ACC)RO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J. Gallagher 6 Co. Insurance Broker. of California, inc. MetroPro Road Services POLICY NUMBER 2550 South Garnsey Street CARRIER NAIC CODE Santa Are, CA 92707 EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Additional Remarks *Cancellation; The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if the workers' compensation policy listed an the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. © 2000 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORPN CERTIFICATE OF LIABILITY INSURANCE Djjj'7/-)n1Y, PRODUCER y Ceaterpointe Insurance service California License #0735759 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 007 - B Camarillo springs Road Camarillo, CA 93012-9464 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURHRA: NATIONWIDE MUTUAL INSURANCE CO 23787 METROPRO ROAD SERVICES INSURER B: *REVISED* 2550 S GARNSEY STREET INSURER C: SANTA ANA, CA 92707 INSURER D: _ METR00 INSURER E: COVERAGES THE PO LICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY R EQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE RTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI ES. AGGREGATE LIMITS SHCWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR D POLICYNUMBER PO LICYE F ECTIVE POLCYBXPIRATI N P OF INSURANCE LIMITS A GENERAL LIABILITY ACP 7815094878 07/24/2012 07/24/2013 EACH OCCURRENCE S 1,000,000 X COMMERCIALGENERAL LIA014JTY PREMISES M. -a $ 100,000 CLAIMSMADE 91 OCCUR MEDEXP(Anyonepenon) $ 5,000 PERSONAL&ADVINdURY $ 1,000,000 GENERAL AGGREGATE $ 2, 000, 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO S 21000,000 POLICY PR T LOC A AUT OMOSILRUABIUTY ACP 7815094978 07/24/2012 07/24/2013 COMBINEDSINGLE LIMIT ANYAUTO (Ea aWeent) $ 1,000,000 AULCWNEDAUTCS BODILY INJURY $ X SCHEDULED AUTOS (Per pamon) X HIRED AUTOS BODILYINJURY X NOILOWNEDAUTOS (Peracdd.M) $ PROPERTY DAMAGE $ (PeracGCent) A GARAGELABILITY ACP 7815094878 07/24/2012 07/24/2013 AUTOONLY-EAACCIDENT. $ H ANYAUTO OTHERTHAN EAACC $ 2,000,000 X OTHER THAN AUTO AUTOONLY: AGG $ EXCESSNMERELLA LABILITY .mm EACH OCCURRENCE S OCCUR CLAIMS MADE to , PROVEyp, +? A As TO FO. RM AGGREGATE ? $ DEDUCTIBLE RETENTION $ $ WOPJCERSCOMPENSATIONAND J "' mnfl. A R IM IT EMPLOYERS LIABILITY Assistant Ci t Attorne ANY PROPRIErOWPARTNEWEXECUTIVU y y E.L, EACHACCIDENT $ OFFICEWMEMBER EXCLUDED? E.L, DISEASE - EA EMPLOYE t$ Ifyyae deecdbeunder ? 8 EL IAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ A OTH9R ADD 7915094979 07/24/2012 07/24/2013 PER VEH.SCH. 600000 ON-110OK/GARAGEK88PERS $1000 DEDUCTBL DESCRIPTION GP OPEMNONSI LOCATIONSI VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS GARAGEKERPERS LEGAL LIABILITY-$600,000 LIMIT PER LOCATION UNINSURED MOTORIST BODILY INJURY -$1,000,000 THE CITY OF SANTA ANA,IT'S OFFICHRS,EMPLOYEHS,AGENTS AND REPRESENTATIVES ARR NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLI CY LIMITS AS PER ATTACHED ENDORSEMENTS, ACORD 101 (2008/01)FORM ATTACHED. CERTIFICATE HOLDER CANCFI I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI CITY OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILLMERHFAIRXO MAO 2L, 0 _ DAYS WRITTEN ATTN: PURCHASING DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFI)C5T}E5"S9PI$XYOL Q?LL 20 CIVIC CENTER PLAZA XO§NdOEA:lEN'CNEEE20 SANTA ANA, CA 92701-4010 IMMUNIUMIAM. AUTHORIZED REPR A7IVE KTP ACURU26(20U1105) ' ACORD CORPORATION 1988 AGENCY CUSTOMER ID: METR00 LOC# ACORD ADDITIONAL REMARKS SCHEDULE Page 2 oft AGENCY Centerpointe Insurance Services, Ltd. NAMED INSURED POLICY NUMBER ACP 7815094878 METROPRO ROAD SERVICES 2550 S. GARNSEY STREET CARRIER NAIC CODE SANTA ANA, CA 92707 NATIONWIDE MUTUAL INSURANCE Co 23787 EFFECTIVE DATE: 03/26/2013 ADUIiONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance For compliance reasons, the attached document includes: 1. This certificate Is Issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not affirmatively or negatively amend, extend, or alter the coverage, terms, exclusions, conditions, or other provisions afforded by the policies referenced herein. This certificate of Insurance does not constitute a contract between the Issuing insurer(s), authorized representative or producer and the certificate holder. 2. Should any of the above described policies be canceled before the expiration date thereof, notice will be delivered In accordance with the policy provisions. APPROVED AS TO FORM, --. _?. Jt A r c i,\ Laaura A. Rossini Assistant City Attorney INSURANCE IS PRIMARY AND NON-CONTRIBUTORY; ACORD 101 (2008101) - 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD j POLICY NlJNIM: ACP78150?4878 COMM1 RCIAL AVI'O CA 20 48 0299 THIS ENDORS'E'MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIONAtO 10UkE D This endorsement modifies btsuianoe provided under the following: BUSINBSS AUTO OOVBRAQE FORM GAPA[t COVERAGE POW ?v;tY#YSttCARa2 3cCOVH2AC>ti'F,b M TI{uCKERS COVERAGE FQ M With rospeut.to coverage providod by this endorsement, the provisions of the Coverage Form epply "loss modi. fled by, this, endorsement. T.h,#s.atdorsement #dettitiiAcs pe5son(s) or organization(s) who are insureds under the Who Is An Insured Piovis#dn of the Coverage Form. This end rsoment does not alter ooverage provided in the Coverage Form, This endorsement changes the p hcy effective on the inception date of the policy unless another date is indicated below. ndorsomont Effeotivc: 72/20/13' ountarsignai By; . amedlnsured:.:r` ? OPRO ROAD SERVICES SC MULE y N me Or r er80n(e) or Vrgant?atien(S): ITY OF SANTA ANA, IT'S OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES . 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 ! (If no entry appears above, infminalion required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) - Eaeh,persmi or organization shown In the Schedule is ea insured for Liability Coverage, but only to the extent that person or organizatlon.lUalisios as an insured under the Who Is An Insured provision contained in Section 11 of the Coverage Form. ®VED AT Tn FOPV APP 7 Laura A. Rossini Assistant City Attorney 1111 CA 20 49 0299Copyright, Inso('ance Services Office, Inc., 1998 Page 1 of I Q POLICY NUMBER: ACP 7815054878 COMMERCIAL OENMAL LUk,6].1 T' CG 20 t0 0704 THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DE5IGNATED OERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CfTY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 827014010 Section 11 - Who Is An Insured to emended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only With respect to liability for "bodily injury", property dam- ege or "Femonal and advertising injury" caused, In Whole or in pan, by your acts cr omissions or the acts or omissions of those acting on your behalf: A. In the performance oryour ongoing operations; or E. In connection with your premises owned by or rented to you. APPROVED AS TO FORM Laura A. Rossini. Assiegint City Attorney All. terms and conditions of this poticyappiy unless modified by this endorserai nf. 0020260794 ACP Gr.O 7815004978 Includos capyr 040 material of Insurance SOMOes Office, Inc. with permission. 0160 Properties, inc., 2004 MP 12200 MoRm COPY Page i of 1 70 0040920 POLICY NUMBER: ACP 7815094878 COMMERCIAL GENERAL WABtLTTY CG 71 $6 OS 04 THIS ENDORSEMENT CHANGES THE POLICY.' PLEASE READ IT CAFIEPULLY. ADDITIONAL. INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART - APPROVED AS 1 SCHEDULE 'AAAu6k &-. Laura A Rossini Nameof Person or Organization: ' Assistant City Attorney THE CITY OF SANTA ANA, IrS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ' 20 CNIC CENTER PLAZA SANTA ANA, CA 827'01 ' (if no entry appears above, information required to complete this endorsement will be shown in the eclarations as applicable to this endorsement.) A. Section 11 - Who Is An Insured Is amandad•to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only 1111119 spect to liability for "bodily injury", "prop Orly damage" or "personal and advertising Injury" caused, in whole'orIn part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your on- going operations for the additional in- sureds) at the looaticn(s) designated above, No such person or organization is an add. Vona] insured for liability arising out of the "products-completedoperations hazard". B. With respect to the insurance afforded to these ackrnional Insureds, the following addlbanal' ex- clusion s apply: This insurance does not apply to 'bodily injury' or "property damage" occurring after. 2. That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contactor or suboorI for engaged In performing operations for a principal as a part of the same project. C. The following is added. to SECTION 111 -LIMITS OF INSURANCE: The limits of Insurance' applicable to. the addl- tional insured are those specified in the written contact between you and the additional Insured, or the Ilmb avallabta under this policy, which. ever are less. These limit's Oro part 01.401 not in addition to the fimlts of insurance under this poi- Icy, 1. All work, including materials, parts or equip- ment famished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of to additional insureds) at the location of the covered operations has been. completed; or CG 71.56 08 04 Includes copyrighted material of ISO Properties, Inc., with its permission. ACP OLD M00=70 LOUP 122De INSURED COPY Page 1 of 2 78 01170840 CG 7150 08 04 D. With respect to the Insurance provided to the person or organization shown in the Schedule of the Endorsement, Condition 4. Other Insur- ance is replaced by the following; 4. Othei Insurance If other valid and collectible Insurance is available to the additional insured for a less we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance Is primary except when it is excess as provided under part b., below. When this Insurance is pri- mary, we will not seek contribution from other Insurance available to the person or organization shown in the Schedule of this endorsement. b, Excess insurance This insurance is excess over: Any of the other Insurance, whether primary, excess, oontln- gent or on any other basis: (a) That Is Fire, Extended Cover- age, Builder's Risk, Installa- tion Risk or similar coverage for"yourwork"; (b) That Is Fire insurance for premises rented to you or temporarily occupied by you. with permission of the owner, (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu. pled by you with permission of the owner, or (d) If the loss arises out of the maintenance or use of air- craft, "autos" or watercraft to the extent not subject to Ex- clusion g. of Section i - Cov- erage A - Bodily In ury Arid Property Damage 1.211ity When this insurance is excess, we will have no duty, under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suir! If no other Insurer defends, we will undertake to do so, but we will be erititiea to the additional insured's'rights against all those other Insurers. When this insurance Is excess over other insurance, we will pay only our share of the amount of the less, if any, that exceeds the sum of: (1) The total amount, that all such other Insurance would pay for the loss in the absence of this Insur- ance;and (2) The total of all deduotibie and seff- insured amounts under all that other insurance, We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not boughtspeoifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part, o. Method Of Sharing if all of the other insurance available to the addiffottal Insured permits con- tr button by equal shares, we will fol- low this method also.. Under this ap- proach each insurer contributes equal amounts until it has Paid fts app0oable limit of insurance or none of the loss remains, whacffever comes first If any of the other Insurance available to the additional insured does not permit contribution byy equal shares, we will conMbute by limits, Under this method, each Insurer's share is' based on the ratio of its applicable limit of In- surance to the total applicable Ylmits of insurance of all Insurers. All terms and conditions of-this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted mateft of ISO Properties, Inc„ with its permission. CG 7158 08 04 ACP ow MZ7 9Ea7s tS0P 12209 I11911IED COPY 78 0040M A,* CERTIFICATE OF LIABILITY INSURANCE DATB(MMDDYYYY) PRODUCER Ceaterpcinte Insurance Service California License #0735759 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 807 - B Camarillo Springs Road Camarillo, CA 93012-9464 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: NATIONWIDE MUTUAL INSURANCE CO 23787 METROPRO ROAD SERVICES INSURER B: *REVISED* 2950 S GARNSEY STREET INSURER C' SANTA ANA, CA 92707 INSURER D: METR00 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DOL SURANCE POLICY NUMBER PO E/FECTIVE DOW, POUCYEXPIRATI N DATEIM LIMITS A GENERAL LIABILITY ACP 7815094878 07/24/2012 07/24/2013 EACH OCCURRENCE S 1,060,000 X COMMERCIAL GENERAL UABIUTY PREMISES e ooo.mme) $ 100,000 CLAIMSMADE ©OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE 41M IT APPLIES PER. - PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY " 71 LOC I JECT A AUT OMOBILE LIABILITY ACP 7815094878 07/24/2012 07/24/2013 COMBINED SINGLE LIMIT $ ANYAUTO (Ea amiden0 1,000,000 ALL OWNEDAUTOS BODILY INJURY X SCHEDULED AUTOS (Per pamon) $ X HIRED AUTOS BODILYINJURV $ X NON•OWNEDAUTOS (Peraccidnnt) PR P O ERTY DAMAGE $ (Peracudent) A GARAGE LIABILITY ACP 7$15094878 07/24/2012 07/24/2013 AUTOONLY-EAACCIDENT, $ I ANYAUTO OTHERTHAN EAACC $ 1,000,000 X OTHER THAN AUTO AUTOONLR AGO $ EXCESSIUMBRELLA LIABILITY ?y p` EACH OCCURRENCE S OCCUR FICLAIMSMADE APPROVED FO A:9 A V RM AGGREGATE $ $ C I DEDUCTIBLE ?s RETENTION $ Laura Rossini $ WORKERSCOMPENSATIONAND Assistant City Attorn y WOTE"12 -T h• TR MI EMPLOYERS LIABILITY ANY PROPRIETORMARTNER/EXECUTIVE E.L, EACH ACCIDENT 8 OFFICERIMEMBER EXCLUDED? B d lb d E.L. DISEASE - EA EMPLOYE $ yee, eecr eun er SP EDIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT S A OTHER ACP 7815094870 07/24/2012 07/24/2013 PER VEH.SCH. 600000 ON-HOOK/GARAGEKEEPERS $1000 DEDUCTBL DESCRIPTION OF OPERATIONSI LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENTISPECIALPROVISIONS GARAGEXHEPERS LEGAL LIABILITY-$600,000 LIMIT PER LOCATION UNINSURHD MOTORIST BODILY INJURY -$1,000,000 THE CITY OF SANTA ANA,ITIS OFFICERS,EMPLOYRES,A0ENT3 AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICY LIMITS AS PER ATTACHED ENDORSEMENTS, ACORD 101 (2005/01)FORM ATTACHED. CITY OF SANTA ANA ATTNt PURCHASING DEPARTMENT 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701-4010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAI DATE THEREOF, THE ISSUING INSURER WILODYM89R IM MAIL? 0 DAYS WRHTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE AUTHORIZED REPR$$$NY'ATWE AGENCY CUSTOMER ID: METR00 LOC # ACORD ADDITIONAL REMARKS SCHEDULE page 2 oft AGENCY Centerpolnte Insurance Services, Ltd. NAMED INSURED POLICY NUMBER ACP 7815094878 METROPRO ROAD SERVICES 2550 S, GARNSEY STREET CARRIER NAIC CODE SANTA ANA CA 92707 NATIONWIDE MUTUAL INSURANCE CO 23787 EFFECTIVE DATE: 03/26/2013 ADDITIONAL REMARAb THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance compliance reasons, the attached document includes: This certificate is issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not tirmatively or negatively amend, extend, or alter the coverage, terms, exclusions, conditions, or other provisions afforded by the policies feranced herein. This certificate of Insurance does not constitute a contract between the issuing Insurer(s), authorized representative or oducer and the certificate holder. Should any of the above described policies be canceled before the expiration date thereof, notice will be delivered in accordance with the Ilicy provisions. IS PRIMARY AND NON-CONTRIBUTORY; y 3:` (-)VEDAS TO +- RM .,L,,iura A. Rossini -I , city Attorney '' slan, The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ACP7815094878 COMMERCIAL AUTO CA 20 48 0299 THIS END0116EMENT CHANGES THE POLICY, PLEASE READ IT CARE#bLLY. DESIGNA110 INSIUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM CAR,RT'ERaNMAGO TRUCKERS COVERAGE RM With rospgbf to coverage provided by this endorsement, the provisions of the Coverage Form apply unless niodi- tied by thig endorsement. Tliis.endorsebtent idontitYes peson(s) or organization(s) who are insureds under the R^tro Is An Insured Provision of the Coverage Form This and raoment does not after coverage provided in the Coverage Form. This endorsement changes the p lioy effective on the inception date of the policy unless another data is indicated below. Endorsement Effecdvo: 2/20/13 Countersigned By:. emodlnsurod:, METROPRO ROAD SERVICES SCHEDULE + . ame or rerson(s) or Ur. ITY OF SANTA ANA, AGBNTS AND REPRESENTATIVES . 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 (If no entry appears above, infoi applicable to the endorsement.) to complete this endorsement will be shown in the Declarations as Each person or organization shown in the Schedule is an insured for Liability Coverage, but only to the extent that person or organization qualiflea as an insured under the Who Is An Insured Provision contained in Section II of the Coverage Form. APPROVED AS TO FORM Laura A. Rossini A ssistant City Attorney i CA 20 48 0299Copyright, I+ce Services Office, Inc., 1998 Page 1 of I 4 POLICY NUMBER: ACP 7816044878 COMMERCIAL GENERAL,Lt ILiTY CO 20 iS 67 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CrTY OF SANTA ANA 20 CIVIC CENTER PLAYA SANTA ANA, CA 827074070 Section 11 - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or. ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or E. In connection with your premises owned by or rented to you. All, terms and conditions of this policy apply unless modified by this endorsement , APPROVED AS 't Fu' gal R/l? ][,aura A. Rossini Assistant City Attorney CO 20 26 07 04 Includes copyrighted material of Insurance Services Office, Inc. with permission. Pages 1 of t 0 ISO Properties, inc., 2004 ACP GILD 7616087678 L66P 12" INSURED COPY 7B 6640525 POLICY NUMBER: ACP 7815084878 COMMERCIAL GENERAL LIABILITY CO 7156 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAI tr-uL; .V. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person. or Organization: THE CITY OF SANTA ANA, 1'3 OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA, CA 82701 (If no entry appears above, information required to complete this endorsement will be shown in the eclarations as applicable to this endorsement.) A. Section Il - Who .Is An Insured Is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "prop- arty damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your 'shelf,* in the performance of your on- going operations for the additional in- sureds) at the location(s) designated above. No such person or or anization Is an addl- tional insured for liability arising out of the "produots-completedoperadons hazard". B. With respect to the Insurance afforded to these additional' Insureds, the following additional' ex- clusions apply: This insurance does not apply to'bodiiy injury" or 'property damage" occurtng after, 1'. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been. completed; or CG 71 56 08 04 ACP OLD 1816054870 2, That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontrac. for engaged in performing operations for a principal as a part of the same project C. The following Is added. to SECTION Ill - LIMITS OF INSURANCE: The limits of Insurance applicable to the addl- Vonal Insured are those specified in the written contract between you and. N additional insured, or the limits available under this porky, which. ever are lass. These limits are part of. end not in addition to the limits of Insurance under this poi- icy, APPROVED AS TO ORM - Laura A. Rossini Assistant City Attorney Includes copyrighted material of ISO Properties, Inc., with its permission. LOOP 12208 INSURED COPY Page 1 of 2 78 0040M CG 71 56 08 04 D. With respect to the insurance provided to the person or organization shown In the Schedule of the Endorsement, Condition 4. Other Insur- ance Is replaced by the following: 4. Othei Insurance a. b. if other valid and oollectible Insurance is available to the additional insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: Primary Insurance This Insurance is primary except when it is excess as provided under part b., below. When this insurance is pri- mary, we will not seek contribution from other Insurance available to the person or organization shown In the Sohedule of this endorsement. Excess Insurance This Insurance is excess over. (1) Any of the other Insurance, whether primary; excess, oontin- gont or on any other basis: (a) That Is Fire, Extended Cover- age, Builder's Risk, Installa- tion Risk or similar coverage for "yourwork"; (b) That Is Mrs insurance for premises rented to you or temporarily occupied by you, with permission of the owner, (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to promises rented to you or temporarily occu- pied by you with permission of the owner, or (d) If the loss arises cut of the maintenance or use of air- craft, "autos" or watercraft to the extent not subject to Ex- ciusion g. of Section I - Cov- orage A - Bodily Injury Arid Property Damage Uability When this insurance Is excess, we will have no duty under Coverages A or B to defend the additional insured again at any "suit" if any other Insurer has a duty to defend the additional insured against that `suit"; If no other Insurer defends, we MR undertake to do so, but we will be entitled to the additional insured'sAghts againstati those other insurers. When this insurance is excess over other in surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount, that all such other Insurance would pa for the loss In the absence of this insur- ance; and (2) The total of all deductible and self- insured amounts under all that other insurance, We will share the remaining loss, if any, with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply In excess of the Umfts of Insurance shown in the Declarations of this Coverage Part, c. Method Of Sharing If all of the other insurance available to the additional Insured permits con- tribution by equal shares, we will fol- low this method also.. Under this ap- proach each insurer oontrbirtes equal amounts until it has paid s la limit of insurance dr nonite o?ss remains, whichever comes first. If any of the other insurance available to the additional insured does not permit contribution by equal shares, we will contribute by limits, Under this method, each insurer's share is based on the ratio of its applicable Omit of in- surance to the total applicable limits of Insurance of all insurers. All terms and conditions oUthis policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of ISO Properties, Inc,, with 1s permission. CG 71 56 08 04 ACV OLD 7815t1MM Lasp 122M INSURED COPY 78 00406M CERTIFICATE OF LIABILITY INSURANCE DATED 3/28M/2013 3/213 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-955-8700 CONTACT Arthur J. Gallagher a Co. ^ Arthur J. Gallagher & Co, Insurance Brokers of California , Inc, VD 5vt, (949) 349-9000 ac No: (949) 349-9967 18201 Von Karmen Ave, suite 200 MAIL ADDRESS, _ Irvine CA 92612 INSURERS AFFORDINO COVERAGE NAIC# , Jerry Niewiadomsk_i__ _ INSURER A: INSURANCB CO OF THB WEST 27847 _ _ INSURED INSURER 8: HetroPro Road Services, Inc, INSURER C: 2550 South Garneey Street INSURER D: INSURER e: _ Santa Ana, CA 92707 INSURER P: COVERAGES CERTIFICATE NUMBER: 32775696 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ ILTR TYPE OF INSURANCE POLICY NUMBER MOILOmW MMIDDY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY EREMISEI) Ee ccumenca $ CLAIMS-MADE El OCCUR MED EXP(Any one person $ PERSONAL dADV INJURY .$ EX/ A PR TO 1' 1lw 4l Y GENERAL AGGREGATE $ CEN'L ACCRECATE LIMIT APPLIES PER: / PRODUCTS-COMPIOP AGG $ PRO - PCUCY LOC $ AUT OMOBILE LIAEILITY A . Laura ®sslni EDMR[NEEDISI GL LM'r Aeo?en ANYAUTO / ? 1 Assistant l ' AtaLDrn Rr BODILY INJURY (Per person) IL ALL OWNED AUTOS SCHEDULED O . 1 6 L ? BODILY INJURY(Peracdden0 $ NON WNED PROPERTY DAMAGE ? $ HIREDAUTOS H AUTOS Porarddenl UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEO RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WSD802077001 09(01/1 04/01/14 X WCSTATU- OEN- ANY PROPRIETOWPARTNEWEXECUTIVE? NIA EL, EACH ACCIDENT $ 1,000,000 OFFICEMMEMBER EXCLUDED? (Mandatory In NH) L-i. DISEASE - EA EMPLOYE $ 1,000,000 If yes, recent. under DESCRIPTION OF OPERATIONS below GL. DISEASE-POLICY LIMIT 1,000,000 $ T DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Atteeh ACORD101,Addillanal Remarks SCheduie,ifmorespace is required) Waiver of subrogation applies to certificate holder on workers compensation liability policy, par attached form WC990634800. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clerk of the Council ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza (M-30) AUTHORIZED REPRESENTATIVE P.O. Box 1988 ?Q Santa Ana, CA 92702-1988 1 USA ID 1988.2010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Sandral23 32775696 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an Injury covered by this policy, We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due, Schedule Person or Organization Job Description ANY PERSON OR ALL CALIFORNIA ORGANIZATION FOR OPERATIONS, WHOM THIS WAIVER IS REQUIRED. APPROVED AS T FC11e';', r ",q A-, v"n", Laura A. Rossini ,kssistan.t City Attorney This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless otherwise staled. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) EndorsementEffectfve 04-01-13 PollcyNo. WSD5020'17001 Endorsement No. Insured;MetroPro Road Services, Inc. Premium$ INCL. Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 00 34 (Ed. &00) INSURED AC-0-M. CERTIFICATE OF LIABILITY INSURANCE °AlE1MM 0DAYYY, PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Centerpointe Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California License #0735759 HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED NOT AMEND, EXTEND OR BY THE POLICIES BELOW. 807 - B Camarillo Springs Road Camarillo, CA 93012-9464 INSURERS AFFORDING COVERAGE NAIC# INSURED INSVRERA: NATIONWIDE MUTUAL INSURANCE CO ? 23787 METROPRO ROAD SERVICES INSURER B:*REVISED* 2550 S GARNSEY STREET INSURER C: _ SANTA ANA, CA 92707 INSURER O: ? METRO INSURER E; THE P OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY R EQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY P ERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI ES, AGGREGATE UMITB SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICYE E,0,n POW PIIBATi LIMITS A GE NERAL LIABILITY ACP 7813094378 07/24/2012 07/24/2013 EACH OCCURRENCE - S _ 11000,000 X COMMERCIAL GENERALUABIUTY PREMI 8 9E cen n e $ 100,000 OLAPABMADE OCCUR MEDEXP(An QA0 eeoM S 5 000 p ) , PERSONALS AOV INJURY $ 1 000 000 , GENERAL AGGREGATE $ 2 000 000 1 , GE N L AGGREGATE LIMIT APPLIES PER PR PRODUCTS -COMPIOP AGO $ 2,000,000 POLICY T LCC A AU TOMOBILBLIABIUTY ACP 7815094878 07/24/2012 07/24/2013 COMBINED SINGLE LIMIT $ ANYAUTO (Ea ed K) 11000,000 ALL OWNEDAUTOS X SCHEDULED AUTOS BODILY INJURY (Parpemon) $ X HIREDAUT08 X NCN.OWNEDAUTOS BOCIIY INJURY (Peracddenl) S PROPERTY DAMAGE S (Pornadden0 A GARAGE LIABILITY ACP 7815094878 07/24/2012 07/24/2013 AUTOONLY-EAACCIDENT. $ _ ANYAUTO OTHERTHAN EAACC 8 1,000,000 X OTHER THAN AUTO AUTOONLY: AGO $ EXCESSNMBREUA LIABILITY ? 1Yt?iS ?jgy y 4Bs F RM EACH OCCURRENCE S OCCUR ? CLAIMSMADE d L RO YL' ['e O O 1 . AGGREGATE 9 $ DEtlUCTIBLF. c r? $ RETENTION 5 Rossini $ ` WORKERSCOMPENSATONAND EMPLOYERS LIABILITY Assistant ,L City A$g0'PB y CS ATI IT ANY PROPRIETONPARTNER/ ECUTIVE E.L. EACH ACCIDENT $? OFFICERIMEMBER EXCLUDED1 Ilyee d..d cndar ELL, DISEASE - E4 EMPLOYE $ $PECIA PROVISIONS below E.L. DISEASE-POLICY LIMIT S A OTHER ACP 781,5094878 07/24/2012 07/24/2013 PER VEH,SCH. 600000 ON-HOOK/GARAGEKRHPERS $1000 DEDUCTBL DESCRIPTION OF OPERATIONS] LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS GARAGRREEPSRS LEGAL LIABILITY-$600,000 LIMIT PER LOCATION UNINSURBD MOTORIST BODILY INJURY 41,000,000 THE CITY OP SANTA ANA,ITIS OPPICERS,EMPLOYERS,AGENTS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICY LIMITS AS PER ATTACHED ENDORSEMENTS, ACORD 101.(2008/01)PORM ATTACHED, CITY OF SANTA ANA ATTN: PURCHASING DEPARTMENT 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701-4010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT DATE THEREOF, THE ISSUING INSURER WILLMEANNOOM MAI 36.0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE L C ) ACOR.D AGENCY CUSTOMER ID: METROO LOC# ADDITIONAL REMARKS SCHEDULE Page 2 00 AC NAMED lNBURED Centerpointe Insurance Services, Ltd. POUCY NuMEER METROPRO ROAD SERVICES ACP 7815094878 2550 S. GARNSEY STREET CARRIER NAIC COOE SANTA ANA CA 92707 NATIONWIDE MUTUAL INSURANCE CO 23757 EFFECIIYE DATE: 03/26/2013 n nnir,nxur ncce w.nva LTHIS ADDITIONAL REMARKS FORM IS A SCNEOULE TO ACORD FORM, FORM NUMBER: 2fi FORM TITLE: Certificate of Liability Insurance Far compliance reasons, the attached document tncludesa 1. This certificate is Issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not affirmatively or negatively amend, extend, or alterthe Coverage, terms, exclusions, conditions, or other provisions afforded by the policies refersncsd herein. This certificate of insurance does not constitute a contract between the Issuing insurer(s), authorized representative or producer and the certificate holder, 2. Should any of the above described policies be canceled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. - PRIMARY AND NON-CONTRIBUTORY; v:)VFD AS TO RM ,iar T A, Rossini =S'anf City Attorney The ACORD name and logo are registered marks of ACORD POLICY NUhgIER; ACP78150§4878 COMMIMCI4n,UT6 CA 20 4,s 0799 THIS kDOR6EMENT CHANGES THE POLICY, PLEASE (BEAD IT CAR4'l1LLY, DESIGNAT O IN URE This endorsement modifies Insat4noo provided under the following: BUSINESS AUTO COVERA?13 FORM f3Ak2gpE COVBRAOE F0 ' ?vK'x1i?rC1ARItTE2tCCVF'1ih61? ? TRUCKERS COVERAGH F W' t7tk respgct.t0 aovorage provided bythia ondorsoment, the provisions of tho Covora$e Form apply unless rno3i- ed by "s endorsement This.endbrsepaont idan#ies pe}'son(s) or arganizat[on(s) wbo aro Insureds dee iha VJ(ro Is An Insured Pav sidn of the Coverago Form T6Ir end rsament does cot alter coverage provided nuntl a Coverage Eonn, This endorsement changes the p lacy aff'oadve an the inoaptlpn date of the policy unless another date is Indicates below. endorsement Effective; 2/20/l3'? ounrorsigned By;. wmd Insured: , s.. OPRO ROAD SERVICES e SCHEDULE vame or rerson(s) or uzgaui?ationpp Tl Y OF SANTA ANA, IT'S OFFICERS, EMPLOYEES, AOENFS AND REPRESENTATIVES . 24 CIVIC CEN'T'ER PLA SANTA ANA, CA 92701 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as appiicabie to the endorsement.)' Eackperaon or organizidan shown in the schedule is an insured for Liability Coverage, but only to the extent thatporson or organization qualifies as an Insured under the Who Is An Insured Provision contained in So'don n of the coverage Form. APPROVED AS TO FORMT yllk Laura A, Rossini A,ssistianf City Attorney CA 20 48 0299Copyrigh4 In+ce Services Office, Ina, 1998 Page I of I q POLICY NUMBER: AGP 78160548711 COMMERCIAL GENERALLIAi3tLITY CG 26iS6764 THIS ENDORSEMENT CHANGES 1HE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL IN UREA-- DESIGI'ATED OERSON OR ORGANIZATION This endorsement modifl0s Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CRY OP SANTA APIA 20 CIVIC CENM PLAZA SANTA ANA, CA 927044610 Section II - Who Is An Insured is amended to in- olade as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to Babitity for "bodily injury', "property dam. ,age" or 'personal and advertising Injury" caused, In whole Or In part, by your acts or omissions or the acts or omissions of those acting on your bahalf: A. In the performance oryour ongoing operations; or S. In conncation with your premises owned by or rented to you. All, terms and conditions of this polley apply unless modified by this endorser ant APPROVED AS TO, F u,,, lv?lk Larva E4. Rossini Assistant City Attorney 00 20 20 07 04 lociudes colsyrightod materiat of Insurance Sen4oeo IX#Iee, Inc. with pem-Cwton. Paget 1 of 1 @ ISO Properties, Inc., 2004 ACP GLC 717 600 4 8 78 "Up 422200 Moms) COPY 70 GG40M POLICY NUMBER; ACP 7815094878 COMMERCIAL GENERAL LIABJUTY CG 71$00804 THIS ENDORSEMENT CHANGE$ THE POLICY. PLEA$E RO=AD IT CAREFULLY. ADDITIONAL. INSURED PRIMARY AND NOWCONTRIBUTORY ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person-or Organization: THE CriY OF SANTA ANA; WE OFFICERS, EMPLOYEE5, AGENTS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 (if no entry appears above, information required to complete this endorsement will be shown In the oolaratfons as applicable to this endorsement.) A. Section It - Who Is An Insured Is amendod-to Include as an additional Insured the parson(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury", "prop- ortydamage* or "personal and advertising Injury' caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omfssfons of those acting on your behalf; In the performance Of your on- going operations for the additional In- surod(s) at the looation(s) designated above. No such person or organization is an add- clonal Insured for liability arising out of the "products•completedoperadons hazard". 8, With rasped to the Insurance afforded to those additional Insureds, the following additional' ox- clusfonsapply: This insurance does not apply to 'bodily injury" or `property damage" occurring after. 1. All work,'Inoluding materials, parts or equip- ment furnished In connection with such work, on the project (other than service, maintonanQu or repairs) to be performed by or on behalf of'tho additional Insured(s) at the location of the covered operations has been, completed; or CG 71 56 08 04 ACP OLO 78 BOW78 2. That portion of "your woik" out of which the Injury or damage arises has been put to its Intended use by any person or organization other then another contractor or subcontrao- for engaged In performing Operations for a principal as a part of the same project, 0. The following Is added.to SECTION III - LIMITS OF INSURANCE: Tice Ilmits of Insurance'appIloable to, the addl- tionaf Insured are those specified in the written contract between you and. the additional' Insured, or the limb available under this policy, which" ever are lose, These limits are Pont uof,and not in addition to the limits of Insurance under this pol- icy. PPR( OED AS Tt9 Ly - Laura A. Rossini Assntant City Attorney Includes copyrighted material of ISO Properties, Inc., with Its pennission. LOOP 122W INSURED COPY Page 1 of 2 78 0040M CG 71 56 08 Oil' D. W9h respect to the insurance provided to the When this Insurance is excess, we will person or organization shown In the Schedule of have no duty under Coverages A or B the Endorsement, Condition 4. Other insur- to defend the additional insured grace is replaced by the following: against any "suit" if any other insurer has a duty to defend the additional 4. Other Insurance insured against that `sulr) If no other it other valid and collaoVbla insurance Is Insurer dafands, we will undertake to do so, but we wilt be entitled to the available to the additional insured for a loss additional insured's:rights against an we cover under Coverages A or B of this those other insurers. Coverage part, our obligations are limited as follows: When this insurance is excess over a, Prima Insurance ry other Insurance, wewift payonly our share of the amount of to loss, if any, Ibis lnsuranoelsptimaryexooptwhen that exceeds the sum of., it is excess as provided under part b., (1) Tho total amount that all such below. When this insurance is pct. , other Insurance would pay for the nary, we will not seek contribution loss in the absence of this insur. from other Insurance available to the ante; and person or organization shown in the Schadutaai#tfsendorsement. (2) The total of all deduotibie and sett- b. Excess Insttranco insured amounts under all that othar insurance. This insurance Is excess over. We will share the remaining loss, if (1) Any of the other Insurance, any, with any other Insurance that is whether primary, excess, confin- notdeserlbadIn this excess gent or on any other basis: Insurance provision and was not (a) That Is Fire, Extended Oover- boughtspeoitloally to apply in excess age, Builder's Risk, instalia- of the Um4 of Insurance shown in the tion Risk or sh tlar coverage Declarations of this Coverage Pam for"yourwork"; o. MethodOf9haring (b) That is Fire Insurance for if all of the other insurance available premises rented to you or to the additional insured permits con- temporarily occupied by you. ' tribution by equal shares, we will fob with permission of the owner; low this method afro.. Under this sp- (c) That is Insurance purchased proach each blstirer contributes equal by you to cover your liability " amounts until 4 has pall its aPPfioabie limit of Insura ce or bo f th t as a tenant for property ne o e oss n damago" to premises rented remains, whichever domes first, to you or temporarily ocou• If any of the other insurance available pled by you with permission to the additional insured does 'not of the owner; or permit contribution equal shares, by li al it t ib t b d U (d) if the foss arises out of the we ve con r u e y m s. n er this maintenance or use of air- method, each insurer's share is based craft, "autos" or watercraft to on the ratio of its applicable limit of in- fie extent not subject to Ex- surance to the total applicable limits of clusion g. of Section I - Gov- insurance of all Insurers. orage A - Bodily Injury Arid Property Damage Uability All terms and conditions of-this policy apply unless modified by this endorsement. Psgo 2 of 2 Inciudes copyrighted notarial of ISO Proporffes, inc., with its permission. CG 71 98 08 04 ACP taw "taisasre Lam, 122M IaSWED copy 70 W40M CERTIFICATE OF LIABILITY INSURANCE 2013 ) 0 P03/28/ 1 3/2tl 20 3 THIS CERTIFICATE IS ISSUED AS. A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu. of such ondorsement(s). PRODUCER 1-800.955-8788 th l C CON AG Ar Chur J, tlal Lagher aCo.. Ar ur J. Gal agher a o. Insurance Brokers ---- PHONE of California, Inc. ,. (9491 349-9600 a No) .!9491 344-4967 10201 Von Batman Ave,. Suite 200 -MAIL A bAEae: _ levier, CA 92612 INSU_R6R(SJ_APFORaNe CeVERAOEm-____ NAIC U_ Jerry Niewiadomeki INSURERA: LNSNRANCB CO OF THU WEST 27847 INSURED INSURER e: Matropro Road aarVieea, Inc. INSURER 0: 2590 South Garnsey Street INSURA O: Santa Ana CA 92787 INSURERS: , SURER F: ,THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ILTR TYPE OF INSURANCE A POLICY NUM BER MOLIBMW POLICY EXP a In _ LIMITS GENERAL LIABILITY EACH OCCURRENCE F COMMERCIAL GENERAL LIABILITY Co, DA A ET R N L?R€ML3ES GEasr&wra&L { CLAWS-MADE 0 OCCUR .. ..,... .......__. 1 LL - MFD EXP{Pn qRe aBOnl ,.,-$,,,-, PROVED ry+ 4'R A O T+ A i-t PERSONAL&AOVWUURY $ ' _ GENERAL AGOREGA TE S GEN'L AGCREGATELIMn APPLIES PER: Iry f'jJ jf?, PR V ? PRODUCTS-COMPIOPAGG $ - (j,?t / V PGLIGY ` lqC $ AUTOMOBILE LIABILITY ..L5 L A ssana SINGLE LIMi7 deO En a l aura . o I cc i ANYAUTO ,L 4 Assistant C a A Cbti4GDrn y BODILY WJURV(Parpermq) 3 A1.1-OWNED AUT09 SCHFUULED AUTOS BODILY INJURY (Per acadoe) I HIRED AUTOS NON,OWNED -PR-01-'STY DAMAOF. AUTOS 8 '. UMBABLLALIAE OCCUR SACH OCCURRENCE $ EXCESS LIAR CIAIMS?MADE AGOREOATE $ - _._ OE O S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X w90502077001 04/01/1 04/01/14 W2 aTATU OTN TB I X YIN ANY PROPRIETOMPARTNERIEXECU TIVE OFFICERIME610ER EXCWDG09 MIA E,L. EACH ACCIDENT 51,000,060 (Mandatary I.NHi F.L. DTSEAIE• EA EMPLOY $1,000,000 If?/ nd.scnbev'dee I ' 0E9CRIPTION OF OPERATIONS belw . E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (Attach ACORD 101, Addiltanal Rema r, Sehedute, If Inara space Is required) waiver of aubrogation applies to certificate holder on workera compensation liability policy, per, attached tore WC990634800, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clerk of the Council ACCORDANCEWITH THE POLICY PROVISIONS. 20 Civic center PLAZA (M-30) AUTHORIZED REPRESENTATIVE H.O. Box 1988 Santa Ana, CA 92702-1988' ((r,?.,$? , rrsn m 1958.2010 ACORD CORPORATION, All rights reserved, ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Sandra123 327'75696 WORKERS COMPENSATION AND EMPLOYERS LIAEILITY INSURANCE POLICY WO 490634 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for on Injury covered by this policy. We will not enforce our right against Ihoperson or organization named In (fie Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreament from us), The additional premium for this endorsement shall be, 3 % of the total Gallfornla Workers' Compensatlon premium otherwise due. Schedule Person or Organization Job Description AMY PERSON OR ALL CALIFORNIA ORGANISATION FOR OPERATIONS. WHOM THIS WAIVER 10 REQUIRED. APPROVED AS T FOR Laura A. Rossini staut R itis y Attorney This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement to Issued subsequent to preparation of the policy.) EndarsementEffeotlve 04-01-13 PolfoyNo. WS0502077001 Endorsement No. Insured,. MetroPro Road Services, Inc. Premium $ INCL. insurance Company INSURANCE COMPANY OP THE WEST Countersigned By WO 99 00 34 (Ed, &00) INSURED