pharmaceuticals committed by, or with the
knowledge or consent of, the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages; or
b. The fumishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis, that
is available to any of your "employees" for
"bodily injury" that arises out of providing or
failing to provide "incidental medical services"
to any person to the extent not subject to
Paragraph 2.a.(1) of Section II — Who Is An
Insured.
D. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
UABIUTY CONDITIONS:
If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person or
organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the execution of the contract or
agreement.
E. CONTRACTUAL UABILITY — RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
O 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 0218 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 82705029 1 24-25 GL/AU/UM3/WC/IM I Annette Romero 1 11/12/2024 2:08:04 PM (PST) I Page 26 of 33 109
COMMERCIAL GENERAL LIABILITY
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
F. DAMAGE TO PREMISES RENTED TO YOU
The following replaces the definition of "premises
damage" in the DEFINITIONS Section:
"Premises damage" means "property damage" to:
a.
b.
Any premises while rented to you or
temporarily occupied by you with permission
of the owner, or
The contents of any premises while such
premises is rented to you, if you rent such
premises for a period of seven or fewer
consecutive days.
CG D3 16 0219 0 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Page3of3
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Roy Allan Slurry Seal, Inc.
POLICY NUMBER: 810 -3S280586 -24-26-G
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE -
CONTRACTORS
ThIs endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph c. in A.1.,
Who is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This indudes any person or organization who you
are required under a written contract or
agreement, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".
CA T4 99 0216
2. The following is added to Paragraph B.6., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this pad 6. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is a
named insured when a written contract or
agreement with you, that is signed by you before
the "bodily injury' or "property damage" occurs
and that is in effect during the policy period,
requires this insurance to be primary and non-
contributory.
u 2016 The Travelers Indemnity Company. AU rights reserved.
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810 -3S280586 -24-26-G
Roy Allan Slurry Seal, Inc.
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED H.
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED J.
E. SUPPLEMENTARY PAYMENTS - INCREASED K.
LIMITS L.
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS M.
G. WAIVER OF DEDUCTIBLE — GLASS N.
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — LIABILITY
COVERAGE:
Any organization you newly acquire or form
during the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only
until the 1801h day after you acquire or form the
organization or the end of the policy period,
whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. In A.1.,
Who Is An Insured, of SECTION II — LIABILITY
COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
CA T3 53 08 17
HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE - INCREASED LIMIT
PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED UMIT
PERSONAL EFFECTS
AIRBAGS
NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
BLANKET WAIVER OF SUBROGATION
UNINTENTIONAL ERRORS OR OMISSIONS
as an additional insured for Liability Coverage,
but only for damages to which this insurance
applies and only to the extent of that person's or
organization's liability for the conduct of another
"insured".
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II —
LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while performing
duties related to the conduct of your
business.
2. The following replaces Paragraph b. in B.S.,
Other Insurance, of SECTION IV —
BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage
Coverage, the following are deemed to be
covered "autos" you own:
T✓ 2016 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL AUTO
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
that individual "employee's" name,
with your permission, while
perforating duties related to the
conduct of your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — LIABILITY
COVERAGE:
Any "employee" of yours is an insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION II - LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
"accident" we cover. We do not have to
fumish these bonds.
2. The following replaces Paragraph A.2.a.(4),
of SECTION II — LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day
because of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
The following replaces Subparagraph e. in
Paragraph B.7., Policy Term, Coverage
Territory, of SECTION IV — BUSINESS AUTO
CONDITIONS:
e. Anywhere in the world, except any country or
Jurisdiction while any trade sanction,
embargo, or similar regulation imposed by the
United States of America applies to and
prohibits the transaction of business with or
within such country or Jurisdiction, for Liability
Coverage for any covered "auto" that you
lease, hire, rent or borrow without a driver for
a period of 30 days or less and that is not an
"auto" you lease, hire, rent or borrow from
any of your "employees", partners (if you are
a partnership), members (if you are a limited
liability company) or members of their
households.
(1) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(a) You must arrange to defend the
"insured' against, and investigate or
settle any such claim or "suit" and
keep us advised of all proceedings
and actions.
(b) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(c) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(d) We will reimburse the "insured":
(i) For sums that the "insured"
legally must pay as damages
because of "bodily injury' or
"property damage" to which this
insurance applies, that the
"insured" pays with our consent,
but only up to the limit described
in Paragraph C., Limit Of
Insurance, of SECTION II —
LIABIUTY COVERAGE;
(ii) For the reasonable expenses
incurred with our consent for your
investigation of such claims and
your defense of the "insured"
against any such "suit", but only
up to and included within the limit
described in Paragraph C., Limit
Of Insurance, of SECTION II -
LIABILITY COVERAGE, and not
in addition to such limit. Our duty
to make such payments ends
when we have used up the
applicable limit of insurance in
payments for damages,
settlements or defense expenses.
(2) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess
contingent or on any other basis.
(3) This insurance is not a substitute for
required or compulsory insurance in any
country outside the United States, its
® 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission 82'05029 1 24-25 GL/AU/UM3/WC/IM I Annette Romero 1 11/12/2021 2:08:04 PM (PST) I Page 113
COMMERCIAL AUTO
territories and possessions, Puerto Rico
and Canada.
You agree to maintain all required or
compulsory insurance in any such
country up to the minimum limits required
by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory
insurance requirements.
(4) It is understood that we are not an
admitted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and
Canada. We assume no responsibility for
the furnishing of certificates of insurance,
or for compliance in any way with the
laws of other countries relating to
insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D.,
Deductible, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass Is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE - INCREASED UMIT
The following replaces the last sentence of
Paragraph A.4.b., Loss Of Use Expenses, of
SECTION III — PHYSICAL DAMAGE
COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED UMIT
The following replaces the first sentence in
Paragraph A.4.a., Transportation Expenses, of
SECTION III — PHYSICAL DAMAGE
COVERAGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense
Incurred by you because of the total theft of a
covered "auto" of the private passenger type.
J. PERSONAL EFFECTS
The following is added to Paragraph A.4.,
Coverage Extensions, of SECTION III —
PHYSICAL DAMAGE COVERAGE:
CA T3 63 08 17
Personal Effects
We will pay up to $400 for "loss" to wearing
apparel and other personal effects which are:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Effects
coverage.
K. AIRBAGS
The following is added to Paragraph B.3.,
Exclusions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that
inflate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for
Comprehensive Coverage under this policy;
b. The airbags are not covered under any
warranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized
representative prompt notice of the "accident" or
"loss" applies only when the "accident" or "loss" is
known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability
company);
(d) An executive officer, director or insurance
manager (if you are a corporation or other
organization); or
(e) Any "employee' authorized by you to give
notice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.6., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSINESS AUTO
CONDITIONS:
® 2016 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL AUTO
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the
extent required of you by a written contract
signed and executed prior to any "accident"
or loss", provided that the "accident" or "loss"
arises out of operations contemplated by
such contract. The waiver applies only to the
person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2.,
Concealment, Misrepresentation, Or Fraud, of
SECTION IV — BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance.
However this provision does not affect our right to
collect additional premium or exercise our right of
cancellation or non -renewal.
O 2016 The Travelers Indemnity Company. All rights resolved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission CAT3530817
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TRAVELERSJ
ONE TOWER SQUARE
HARTFORD CT 06183
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) - 001
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
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.
The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
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 07/01/2024 Policy No. UB-5Y063159-24-26-G Endorsement No.
Insured Roy Allan Slurry Seal, Inc. Premium
Insurance Company
DATE OF ISSUE:
Countersigned by
ST ASSIGN: Page 1 of 1
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117
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RESIDENTI AL
REHABILITATION PROJECT
FY 2023-24
Public W orks Departme nt
Upd ated in November 2024
— Project Area/Streets
Fiscal Years : 2023-2024
Total Sq. Ft : X1,900,000
OCGo
MEASURE U '®. Lo cal Ta x Doll ars at W ork
This map is f or general reference only and may not reflect recent chang es or Imp rovem ents.
Th e P ublic Works staff should he consulted for the m ost ' 3 curre nt Inf orm ation .
Development Servi ces Department, Pl anning Division, GIS Y)E 1 18
�Ml LL
PORTION OF LA JOLLA STREET
COOPERATIVE AGREEMENT
BETWEEN CITY OF PLACENTIA AND CITY OF ANAHEIM
FOR FUNDING AND CONSTRUCTION OF THE
FY 2023-2024 RESIDENTIAL STREETS SLURRY SEAL PROJECT
dais COQPERATIVE AGREEMENT ("Agreement") is made and entered into this.23 day of G ,2024, by and between the CITY OF PLACENTIA ("Placentia"), a municipal corporation and charter city, and the CITY OF ANAHEIM ("Anaheim"), a municipal corporation and charter city (the "Parties").
RECITALS
A. La Jolla Street is an existing two-lane collector street located on the border of Anaheim and Placentia, laying partially in Anaheim and partially in Placentia, as shown in the Project Location Map attached as Exhibit "A" and incorporated herein by reference.
La Jolla Street runs generally in a west -east direction.
B. The Parties agree that La Jolla Street is in need of preservation, for portions located in Anaheim as well as in Placentia (the "Project").
C. Project improvements will include: 1) Mobilization 2) Traffic Control and Public Safety; 3) Best Management Practices; 4) Tire Rubber Modified Slurry Seal (TRMSS) Type II; 5) Construct 3/8" Asphalt Rubberized Aggregate Membrane and may include: 7) Construct 3/4" AC Leveling Course; 8) 5' Variable Depth Edge Grind D. Anaheim has reviewed the estimate for the project and agrees with the scope of the work to be performed in Anaheim on La Jolla Street as well as the estimated costs for their share of the Project in Anaheim. The estimate for that portion of work to be performed in Anaheim, is attached as Exhibit "B" and incorporated herein by reference.
E. The Parties agree that Placentia shall take the lead in managing the Project and that Anaheim shall reimburse Placentia for that portion of the work within Anaheim according to the provisions set forth herein.
F. Each Party has authorized sufficient funds in its budget to cover the costs of the Project in its respective jurisdiction.
119
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Project Funding Obligations.
1.1. Anaheim will be responsible for one hundred percent (100%) of the cost for those portions of the Project that are located within Anaheim ("Anaheim Portion"), as set forth in Exhibit "B" ("Anaheim's Costs"). Anaheim will pay Placentia directly, upon receipt of an invoice and statement of work confirming that the project has been completed.
1.2. Anaheim will be responsible for its pro -rata share of Project design, environmental, construction, inspection and construction engineering cost for work performed within the boundaries of ANAHEIM, which is approximately $8,450 (or approximately 1% of the total PROJECT cost of $1,888,770.00). Anaheim's final cost shall be based on the actual cost at completion, not to exceed $10,000, which includes the additional funds to cover design, inspection and construction engineering costs.
1.3. Placentia will be responsible for one hundred percent (100%) of the cost for those portions of the Project which are located within Placentia ("Placentia Portion").
Placentia will also be responsible for the cost of the bid preparation, and all costs associated with Project Management. Placentia will pay the contractor directly and be reimbursed by Anaheim as provided in Section 2.1.
2. Payment Obligation
2.1. Anaheim shall pay for the Anaheim Portion based on its proportionate share of the actual pavement quantities as measured in the field. The contractor shall provide and verify such amounts to the satisfaction of Anaheim. In the event of a dispute over the pavement quantity allocations, the parties shall work cooperatively with the contractor to resolve such dispute.
3. Construction Res.jonsibilities.
3.1. Project Engineer. Placentia shall act as Project Engineer and be responsible for all tasks necessary to prepare construction plans, specifications and cost estimates in accordance with all applicable criteria from Anaheim, Placentia, the County of Orange, and Caltrans.
3.2. Utility Relocation/Impacts. Placentia and Anaheim shall work together to identify all conflicting utilities within the Project. Placentia shall issue all utility relocation request letters or other communications with utilities.
120
3.3. Project Plans, Insurance & Warranties.
a. Placentia has submitted Project plans, specifications and the contractor's bid proposal to Anaheim for review and approval and Anaheim has approved said Project plans, specifications and bid proposal. All work completed in Anaheim shall be constructed per Anaheim's specifications.
b. Placentia shall require the contractor to identify the City of Anaheim as an additional insured with insurance sufficiently broad to the satisfaction of Anaheim. c. Placentia shall require the contractor to pass through and assign all warranties to Anaheim associated with the Anaheim Portion of work.
3.4. Project Inspection. Anaheim shall have access to the Project at all times during construction for the purpose of inspection. Anaheim shall inspect the Anaheim Portion regularly. Anaheim agrees to cooperate with Placentia on any joint inspections as requested by Placentia. Should Anaheim deem any remedial work to be necessary, Anaheim shall notify Placentia in writing thereof within three (3) business days of inspection, specifically describing the needed corrections and proposed remedial work.
Anaheim shall be solely responsible for any remedial work that is not brought to Placentia's attention in accordance with this paragraph.
3.5. Traffic Control. Traffic control for the Project may require road/lane closures and traffic signal management. The Parties agree that Placentia shall take the lead in coordinating traffic control in and around the Project area and Anaheim agrees to work cooperatively with Placentia in traffic management.
3.6. Permits.
a. Placentia shall obtain any and all permits required for the Project, including encroachment permits and Caltrans permits.
b. Anaheim shall issue any required encroachment permits necessary for the Project at no charge.
3.7. Community Notification. Placentia shall provide any and all required notification regarding the Project, including business and neighborhood community notifications.
3.8. Contract Change Orders. Anaheim shall review and upon approval pay for any contract change orders ("CCOs") deemed necessary by Placentia for construction of the Project. If CCOs are needed within the Anaheim Portion, Anaheim shall review and approve such CCOs during construction and City Engineer, or designee, shall coordinate CCO approval. The City Engineer, or designee, (hereinafter "Project liaison") shall provide concurrence on CCOs within three (3) business days of Placentia's submittal to
121
Anaheim. If Anaheim fails to concur with or propose changes to CCO within such time, such CCO shall be deemed approved.
3.9. Project Acceptance. Prior to Placentia's acceptance of Project improvements and filing a notice of completion, Anaheim's Project liaison shall review and provide written approval of all Project work. Anaheim will not accept their portion of the project until all work is 100% complete, per Section 3.4. Placentia shall furnish Anaheim with one set of record drawings for the completed Project and a copy of the filed notice of completion.
3.10. Anaheim's Obligations Post -Construction. Upon Anaheim's City Engineer written approval and Placentia's final acceptance of the Project, Anaheim shall assume ownership, maintenance obligations and environmental mitigation responsibilities for the portions of the project within the City of Anaheim.
4. Miscellaneous Obligations.
4.1. Time is of the essence in the execution and performance of this Agreement.
4.2. Indemnification & Hold Harmless. The Parties shall indemnify, defend with counsel approved in writing, save and hold each other's elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement.
4.3. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party's interest in this Agreement shall be made without the written consent of the other Party.
4.4. Entirety & Amendments. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understanding or agreement not incorporated herein shall be binding on either Party.
4.5. Severabilitv. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
4.6. Notices. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:
122
CITY OF ANAHEIM
Public Works Department
200 S Anaheim Blvd
Anaheim, CA 92805
Attn: City Engineer
CITY OF PLACENTIA
Public Works Department
401 E Chapman Ave
Placentia, CA 92870
Attn: City Engineer
All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class postage prepaid and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given
4.7. Governing Law & Venue. This Agreement shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties agree to submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
4.8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
4.9. Termination. In the event either party defaults in the performance of any of it obligations under this Agreement or materially breaches any of the provisions of this Agreement, the non -breaching Party shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. In the event the breaching Party cures such default within such thirty (30) day period, the election to terminate shall be deemed revoked and of no further force and effect as to that particular default.
4.10. Consent to Breach Not Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach
123
IN WITNESS WHEREOF, the partiespereto hhve executed this Agreement by and through their authorized officers thisaLf day of C.-• 2024.
CITY OF PLACENTIA
A Municipal Corporation
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
CITY OF ANAHEIM,
A Municipal Corporation
Date:
ATTEST:
ra/3,�zK
e esa Bass, City Clerk N
442#
1 By:
Rudy ami, Public Works Director
APPROVE AS TO FORM:
ANAHEIM CITY ATTORNEY
By
Bryn M. rley, Deputy #Attorney
153465 C�
L
124
Exhibit "A"
Project Location Map
125
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11 City of Placentia I. City of Anaheim
►
FY23-24 Residential Streets Slurry Seal Project
CITY OF PLACENTIA
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Exhibit "B"
Cost Sharing Amount:
City of Anaheim
127
CONSTRUCTION COST ESTIMATE
CITY OF ANAHEIM PORTION ON LA JOLLA ST CITY OF PLACENTIA FY 2023-24 RESIDENTIAL STREETS SLURRY SEAL PROJECT
ITEM NO.
IDascRIPTIDN
.7r'S"—
r'"
MAY COSY
= MA -,
1 Mobilization
1 LS
$800.00
$800.00
2 Traffic Control & Public Safety
1 LS
$1,000.00
$1,000.00
3 Best Management Practices
1 LS
$100.00
$100.00
4 Tire Rubber Modified Slurry Seal (TRMSS) Type II
2 ELT
$400.00
$800.00
5 Surface Preparation and Crack Seal
2140
SF
$0.08
$214.00
6 Construct 3/8" Asphalt Rubberized Aggregate Membrane (ARAM) 230
SY
$6.50
$1,495.00
7 Construct 3/4" AC Leveling Course
10 TON
$120.00
$1200.00
8 5' Variable Depth Edge Grind
1625
SF
$0.40
$650.00
SUBTOTAL
$6,259
10% DESIGN
10% CONTINGENCY
15% FOR INSPECTION
$626
$626
$939
TOTAL ESTIMATED CONSTRUCTION COST
$8,450
Not to exceed Project Funding
$10,000
*Assuming this portion of this work wil be constructed as part of a larger project (City of Placentia Project) Prepared By: NV5 Date: 08/27/2024
128
Agenda Item No: 1.d
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: December 3, 2024
Submitted by: Elsa Robinson
From: Public Works
Subject:
Adoption of Resolution for 2025 Federal Transportation Improvement Program Financial Impact:
Fiscal Impact:
There is no direct fiscal impact associated with this recommended action.
Summary:
The Federal Transportation Improvement Program (FTIP) is a program which lists transportation related capital projects proposed over a six -year period which are federally funded or defined as regionally significant within the Southern California Association of Governments (SCAG) region. The list of FTIP approved projects is updated every two years by SCAG for submission to the U.S. Department of Transportation (USDOT). The Orange County Transportation Authority (OCTA) requires a Resolution from the City to commit toward implementing the current project phase of its applicable projects in order for OCTA and thereby the City to receive federal funding.
It is recommended that the City Council adopt a Resolution certifying that the City has the resources to fund its projects in Fiscal Year (FY) 2024-25 through 2029-30 FTIP and affirm its commitment to implement all applicable projects in the program.
Recommendation:
Recommended Action: It is recommended that the City Council:
Adopt Resolution R-2024-78, A Resolution of the City Council of the City of Placentia, California, which certifies that the City of Placentia has the resources to fund the projects in the Federal Fiscal Year 2024-25 through Fiscal Year 2029-30 Federal Transportation Improvement Program and affirms its commitment to implement all projects in the program.
Strategic Plan Statement:
This item is consistent with the City Council approved 5 -Year Strategic Goal #1 to ensure long-term fiscal sustainability, under Objective #1.2, which is to continue efforts to seek and obtain new sources of state and federal grants, including federal and state earmarks and Biden Infrastructure Package.
Discussion:
The Federal Transportation Improvement Program (FTIP) is a program which lists 129
transportation related capital projects proposed over a six -year period which are federally funded or defined as regionally significant within the Southern California Association of Governments (SCAG) region. The FTIP is prepared to implement projects and programs listed in the Regional Transportation Program (RTP) and is developed in compliance with state and federal requirements. The projects include highway improvements; transit, rail, and bus facilities; high occupancy vehicle lanes; signal synchronization; intersection improvements; etc., in the six -county Southern California Association of Governments (SCAG) region. The Orange County Transportation Authority, as the administrator of FTIP in Orange County, reviews projects submitted by local agencies and prepares the final submittal to SCAG. The list of FTIP approved projects is updated every two years by SCAG for submission to the U.S.
Department of Transportation (USDOT). The Orange County Transportation Authority (OCTA) requires a Resolution from the City to commit toward implementing the current project phase of its applicable projects in order for OCTA and thereby the City to receive federal funding.
OCTA is the County's transportation commission for Orange County and coordinates the development of the FTIP project list for all agencies within its jurisdiction. Projects identified in the FTIP are prioritized to facilitate the region's overall strategy for providing mobility and improving both the efficiency and safety of the transportation system, while supporting efforts to attain federal and state air quality standards. OCTA is in the process of updating the FTIP covering Federal Fiscal Year (FY) 2024-25 to Federal FY 2029-30. The FTIP is a comprehensive programming document that contains detailed project lists of all regionally significant transportation improvements in the SCAG region.
OCTA will develop the comprehensive list of projects for the City for submittal to SCAG, the State of California Department of Transportation and the Federal Highway Administration for inclusion in the FTIP. The following is a list of City Projects that are included in the current and proposed FTIP program:
Atwood Multipurpose Trail
On June 10, 2019, the OCTA Board of Directors approved a total of $280,000 in Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds for the Atwood Multipurpose Trail project under the 2019 Bicycle Corridor Improvement Program (BCIP). This funding was for the environmental phase of this project to create a Class 1, 0.60 -mile multipurpose trail running south of Orangethorpe Avenue between Jefferson Street and Lakeview Avenue. The City has since completed this phase. On February 21, 2024, OCTA Board of Directors approved $272,800 in additional CMAQ Funds to complete the engineering design of the project and $2,481,000 in Surface Transportation Block Grant Program funds for the construction of the project. The estimated cost for the engineering design phase of the project is $310,000 and funds have been programmed by OCTA in FY 2024-25 FTIP. The construction phase of the project is scheduled to be programmed in FY 2025-26 once the City has completed the engineering design phase and received authorization to move forward with construction. This project is included in the adopted FY 2024-25 Capital Improvement Program (CIP) Budget. This project is programmed and managed in the FTIP by the City.
Golden Avenue Bridge Replacement Pro'ect
The Golden Avenue Bridge over Carbon Canyon Channel built in 1934 was rated as functionally obsolete by Caltrans in 2005. This project will remove and replace the bridge with an approximately 80' wide bridge to accommodate two lanes of traffic as well as sidewalks and Class II bicycle lanes. In 2014, a total of $3,087,250 in Federal Highway Bridge Program (HBP) Replacement grant funds were earmarked for replacement of the bridge. The grant 130
funds cover the cost of design and construction. The grant program will reimburse the City up to 88.53% of the total project cost. In 2022, the City received a congressional federal earmark for $2.2 million in the FY 2023 federal appropriation bill with the funds administered through the Federal Highway Administration. This project is currently in the final engineering design.
The City is currently working on the right-of-way and utility coordination, and additional design services to complete the project documents. This project is scheduled to be programmed by OCTA in the FY 2024-25 FTIP and is included in the City's adopted FY 2024-25 CIP Budget.
This project is programmed and managed in the FTIP by the City.
To receive federal funds, all transportation projects must be listed on the FTIP. Additionally, all regionally significant transportation projects which require approval from federal agencies are listed. To comply with federal funding regulations, projects on the FTIP must be financially constrained (i.e., programming cannot exceed actual funds available). To assist in ensuring compliance with this regulation, OCTA requires agencies to submit a Resolution (Attachment 1) certifying projects are financially constrained, and that the agency is committed to implementing the current project phase. To be eligible for future federal funds, City Council adoption of the Resolution is required.
OCTA requests that cities review the projects in the current FTIP and is soliciting modifications and additions to the projects. Staff has reviewed the projects listed and recommends them for inclusion in the 2025 FTIP. The attached Resolution provides City Council approval of projects for inclusion in the FTIP and the City's commitment for the listed projects. Staff is recommending City Council's approval of the attached Resolution (Attachment 1).
Fiscal Impact Summary:
There are no direct costs associated with this recommended action. Funding for the listed projects have been previously committed through the prior budget process and are included in the FY 2024-25 CIP Budget. The funding for future phases of the project will be included in future fiscal years.
Attachments
Attachment 1 - 2025 FTIP Resolution.pdf
131
RESOLUTION NO. R-2024-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA WHICH CERTIFIES THAT THE
CITY OF PLACENTIA HAS THE RESOURCES TO FUND THE
PROJECTS IN THE FEDERAL FISCAL YEAR 2024/25 -
2029/30 FEDERAL TRANSPORTATION IMPROVEMENT
PROGRAM AND AFFIRMS ITS COMMITMENT TO
IMPLEMENT ALL PROJECTS IN THE PROGRAM
A. Recitals
WHEREAS, the City of Placentia is located within the metropolitan planning boundaries of the Southern California Association of Governments; and WHEREAS, the Placentia City Council has authorized projects for submittal to the Federal Transportation Improvement Program (FTIP); and WHEREAS, the City of Placentia is the lead agency for projects and will comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Build America Buy America; an
WHEREAS, the City of Placentia agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner or to assist with finding a substitute project.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The City Council of the City of Placentia, does hereby affirm the City's commitment to the projects submitted in the 2025 Federal Transportation Improvement Program.
APPROVED and ADOPTED this 3rd December of 2024.
Jeremy B. Yamaguchi, Mayor
Resolution R-2024-78 ATTACHMENT 1
132
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City Of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 3rd day of December 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2024-78 ATTACHMENT 1
133
Agenda Item No: 1.e
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: December 3, 2024
Submitted by: Teri Knutson
From: Police Department
Subject:
Approval of Agreement for Official Tow Company Services Financial Impact:
Fiscal Impact:
Revenue: $73,000
Franchise Fee (Flat Fee of $75 per Vehicle)
Summary:
The Placentia Municipal Code provides for the establishment of an official tow service provider. Anaheim Fullerton Towing Company was the successful bidder in a comprehensive Request for Proposals process that occurred in late 2021. Pursuant to Municipal Code Section 6.76.060, Change of Rates — Procedure, the Company is requesting a rate increase in line with other agencies, as it has kept its towing rates constant for the past ten years, since 2014. This action is for an extension of the contract until June 30, 2025, and adjustment of the rates. The Police Department will begin the process to issue an Invitation for Bids for Tow Services in early 2025 ahead of the June 30, 2025, expiration date.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve the Official Tow Service Agreement with Anaheim Fullerton Towing Company with an expiration date of June 30, 2025; and
2. Adopt Resolution R-2024-81, a Resolution of the City Council of the City of Placentia, California, issuing Certificates of Public Convenience and Necessity and Approving the Official Tow Service Agreement; and
3. Authorize the Acting City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item conforms to Strategic Plan Goal 2, Ensure that Public Safety Continues to be a High Priority.
Discussion:
Placentia Municipal Code Section 6.76 provides for the establishment of an official tow service. A Request for Proposals and Statement of Qualifications was issued on July 1, 2021, for official tow services by the Police Department. Anaheim Fullerton Tow Company was awarded the contract on October 5, 2021, based on the firm's demonstrated financial strength, 134
quality of the proposer's equipment and personnel, successful completion of services of similar scope and size, and safety record for employees and its tow vehicles. The Police Department has had good service and no complaints since award of the contract.
Charges for tow services are governed by the Placentia Municipal Code. Section 6.76.060 requires that the tow company provide thirty (30) days written notice to the City Council of its intention to do so. The Company advised the Police Department that it wished the Placentia City Council to consider a rate increase to meet the level of Orange County agencies that it services. In order to grant the rate increase, the City Council needs to make a finding that the rates are fair and reasonable.
In its rate increase request, the Tow Company explained to the Police Department that it has held rates constant for the past 10 years, including when it competed during the 2021 RFP process. The Tow Company is asking Placentia to consider establishing new rates consistent with those charged by agencies they serve including the City of Fullerton, California Highway Patrol's Santa Ana and Westminster areas, the Orange County Sheriff's Department, and California State University at Fullerton. Attached is a comparison of these agencies that the company serves, as well as the nearby cities of Buena Park and La Habra. Staff believes that a rate increase is warranted given that rates have not been adjusted for 10 years and compares well with Placentia's adjacent public safety agencies.
This action includes adoption of the Resolution issuing Certificates of Public Convenience and Necessity and Approving the Official Tow Service Agreement. This Certificate is required pursuant to Placentia Code Section 6.76.050 and must be granted by the City Council.
Finally, with the Agreement set to expire on June 30, 2025, the Police Department will begin the process to issue an Invitation for Bids in early 2025. In the previous bidding process, two firms responded to the City's solicitation.
Fiscal Impact Summary:
The City receives revenue pursuant to the Agreement, to cover Staff administrative costs to administer the overall Tow Services program. Anaheim Fullerton Tow Company remits $75 per vehicle towed on a quarterly basis, with an estimated 970 vehicles towed per year. The flat $75 per vehicle is considered a franchise fee, in lieu of the percentage formula that is used for other services with franchise fees (i.e., utilities).
Attachments
Attachment - Comparison of Agency Tow Service Rates 2024.docx Anaheim Fullerton Towing Company - Short Term Contract.docx Certificate of Insurance.pdf
Anaheim_Fullerton_5_mile_radius_map.pdf
Resolution_for Short_Term_Tow_Contract.docx
135
Comparison of Agency Tow Service Rates
City of Placentia Current Rates (As of 2014)
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Maximum
allowed)
$185.00
$210.00
$295.00
$325.00
Storage Rate (Outside)
$45.00
$50.00
$60.00
$60.00
Storage Rate (Inside)
$50.00
$55.00
$65.00
S65.00
Long-term Storage
Daily Rate
Daily Rate
Daily Rate
Daily Rate
After-hours Release
$83.50
$96.50
$117.50
$152.50
Service Call - Minimum
$78.00
$86.00
$117.50
$152.50
Labor Rate (Per hour)
$103.00
$103.00
$103.00
$103.00
Special Equipment at Scene
1 hour
minimum
1 hour
minimum
1 hour
minimum
1 hour
minimum
City of Placentia Proposed Rates (effective December 2024) Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Maximum
allowed)
$275.00
$325.00
S425.00
$525.00
Storage Rate (Outside)
S75.00
$85.00
$100.00
$115.00
Storage Rate (Inside)
$80.00
$90.00
$105.00
$125.00
Long-term Storage
Daily Rate
Daily Rate
Daily Rate
Daily Rate
After-hours release
$105.00
$175.00
$210.00
$260.00
Service Call - Minimum
$105.00
$175.00
$210.00
$260.00
Labor Rate (Per hour)
$110.00
$110.00
$110.00
$110.00
Specia- Equipment at Scene
1 hour
minimum
1 hour
minimum
1 hour
minimum
1 hour
minimum
City of Fullerton Rates (Effective 7/1/2024)
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Maximum
allowed)
$275.00
S325.00
$425.00
$525.00
Storage Rate (Outside)
$75.00
$85.00
$100.00
$115.00
Storage Rate (Inside)
$80.00
$90.00
$105.00
$120.00
136
California Highway Patrol - Santa Ana Rates
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Business
Hours)
$320.00
$365.00
$490.00
$490.00
Hourly Rate (After-hours &
Weekends)
$350.00
$385.00
$515.00
$515.00
Storage Rate (Inside)
$95.00
100.00
N/A
N/A
Storage Rate (Outside)
$88.00
$95.00
$100.00
S100.00
After -Hours Release
1/2 Hourly
Tow Rate
1/2 Hourly
Tow Rate
1/2 Hourly Tow
Rate
1/2 Hourly Tow
Rate
Service Call - Minimum
1/2 Hourly
Tow Rate
1/2 Hourly
Tow Rate
1/2 Hourly Tow
Rate
1/2 Hourly Tow
Rate
California Highway Patrol - Westminster Rates
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate
$300.00
$350.00
$450.00
$550.00
Storage Rate (Outside)
$90.00
$110.00
$125.00
S125.00
Storage Rate (Inside)
$100.00
$120.00
$135.00
S135.00
Long-term Storage
Daily Rate
Daily Rate
Daily Rate
Daily Rate
After -Hours Release
S150.00
S175.00
S225.00
$275.00
Service Call - Minimum
S 150.00
$175.00
S225.00
$275.00
Labor Rate (Per hour)'
$110.00
$110.00
$110.00
$110.00
Orange County Sheriff Rates
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Business
Hours)
$304.64
$410.00
$578.33
$578.33
Hourly Rate (After Hours &
Weekends)
$311.43
$410.00
$578.33
$578.33
Mileage Charge
$11.77
$11.77
$11.77
$11.77
Storage Rate (Outside)
$83.79
$102.50
$102.50
$102.50
Storage Rate (Inside)
$102.50
$100.00
N/A
N/A
After -Hours Release
50% of Tow
Rate
50% of Tow
Rate
50% of Tow
Rate
50% of Tow
Rate
137
California State University at Fullerton Police Department Rates Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Business
Hours)
$320.00
$365.00
$490.00
$490.00
Hourly Rate (After-hours &
Weekends)
$350.00
$385.00
$515.00
$515.00
Storage Rate (Inside)
$95.00
100.00
N/A
N/A
Storage Rate (Outside)
$88.00
$95.00
$100.00
$100.00
After -Hours Release
1/2 Hourly
Tow Rate
1/2 Hourly
Tow Rate
1/2 Hourly Tow
Rate
1 2 Hour y Tow
Rate
Service Call - Minimum
1/2 Hourly
Tow Rate
1/2 Hourly
Tow Rate
1/2 Hourly Tow
Rate
1/2 Hourly Tow
Rate
City of Brea Police Department Rates
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Business
Hours)
$320.00
$365.00
$490.00
$490.00
Hourly Rate (After-hours &
Weekends)
$350.00
S385.00
$515.00
$515.00
Storage Rate (Inside)
$95.00
100.00
N/A
N/A
Storage Rate (Outside)
S88.00
S95.00
$100.00
$100.00
After -Hours Release
1/2 Hourly
Tow Rate
1/2 Hourly
Tow Rate
1/2 Hourly Tow
Rate
1/2 Hourly Tow
Rate
Service Cal - Minimum
1/2 Hourly
Tow Rate
1/2 Hour_y
Tow Rate
1/2 Hour_y Tow
Rate
1/2 Hourly Tow
Rate
City of Buena Park Rates
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate
$300.00
$350.00
$450.00
$550.00
Storage Rate (Outside)
$90.00
$110.00
$125.00
$125.00
Storage Rate (Inside)
$100.00
$120.00
$135.00
$135.00
Long-term Storage
Daily Rate
Daily Rate
Daily Rate
Daily Rate
After -Hours Release
$150.00
S175.00
S225.00
$275.00
Service Call - Minimum
$150.00
$175.00
$225.00
$275.00
Labor Rate (Per hour)
S110.00
$110.00
$110.00
$110.00
138
City of La Habra Police Department Rates
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Business
Hours)
$195.00
N/A
N/A
N/A
Storage Rate (Inside)
N/A
N/A
N/A
N/A
Storage Rate (Outside)
$50.00
N/A
N/A
N/A
139
CITY OF PLACENTIA CONTRACT
FOR OFFICIAL TOW SERVICE
Contractor: Anaheim Fullerton Towing Company Effective Date: December 3, 2024 To June 30, 2025
Table of Contents
RECITALS 1
AGREEMENT 1
1.0 SCOPE OF SERVICES 2
2.0 CONSIDERATION 2
3.0 TERM AND TERMINATION 3
4.0 LOCATION 3
5.0 PERSONNEL 4
6.0 TOWING SERVICE DUTIES 5
7.0 RESPONSE TIME 5
8.0 EQUIPMENT STANDARDS 6
9.0 COMMUNICATIONS EQUIPMENT 7
10.0 HOURS 7
11.0 VEHICLE IDENTIFICATION 8
12.0 STORAGE SERVICE RESPONSIBILITIES 8
13.0 STORAGE FACILITY STANDARDS 8
14.0 IMPOUND VEHICLES - INSIDE STORAGE 9
15.0 RELEASE OF VEHICLES 9
16.0 RECORDS 9
17.0 LIENS AND DISPOSALS 10
18.0 INSPECTION 10
19.0 MOTORISTS ASSISTANCE 11
20.0 RISK 11
21.0 INSOLVENCY 11
22.0 SUCCESSORS 11
23.0 INDEMNITY 12
"24.0 ASSIGNMENT 12
25.0 INSURANCE 12
26.0 INTEGRATION 14
27.0 AMENDMENTS 14
28.0 NO WAIVER 14
29.0 THIRD PARTY BENEFICIARIES 14
30.0 INDEPENDENT CONTRACTOR 14
31.0 CONTROL 15
32.0 EXECUTION OF AGREEMENT 15
33.0 DRY RUNS 15
34.0 CITY VEHICLE TOWING 15
35 0 RFSPONSTRTT,TTY 5
140
36.0 EXCLUSION 15
37.0 BREACH OF CONTRACT 16
38.0 ACTS OR OMISSIONS OF REPRESENTATIVES 17
39.0 CHARGES 17
40.0 NOTICES 17
41.0 CHANGE OF CIRCUMSTANCES 18
42.0 SEVERABILITY 18
43.0 VENUE 18
44.0 FRANCHISE FEE 18
SIGNATURES 19
ii
141
CITY OF PLACENTIA
OFFICIAL TOW SERVICE
AGREEMENT
This Official Tow Service Agreement ("Agreement") is made and entered into this 3rd day of December, 2024 by and between the City of Placentia, a Municipal Corporation ("CITY") and Anaheim Fullerton Towing Company ("OFFICIAL TOW SERVICE") (the "Parties" collectively).
Any reference herein to "DEPARTMENT" shall be deemed to refer to the City of Placentia Police Department.
A. Recitals.
(i). DEPARTMENT requires prompt and efficient towing services on a regular basis in the performance of its emergency response and traffic control duties, including response to, and investigation of, vehicular accidents.
(ii). CITY desires to continue to designate OFFICIAL TOW SERVICE and OFFICIAL TOW SERVICE desires to accept and continue to be retained by CITY, as an independent contractor, for purposes of providing police towing and vehicle impound and storage services for CITY, pursuant to the terms and provisions set forth herein. (iii). OFFICIAL TOW SERVICES has provided thirty (30) days notification pursuant to Section 6.76.060, Change of Rates — Procedure, that it desires to change the schedule of rates. (iv). CITY entered into Agreement with OFFICIAL TOW SERVICE on October 1, 2021 and wishes the tow company to provide services until June 30, 2025, as well as adjust the rates to be charged as shown in Exhibit Al.
B. Agreement.
NOW, THEREFORE, in consideration of the mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
In all respects as set forth in the Recitals, Part A., of this Agreement. 1 Tow Service Agreement
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1.0. SCOPE OF SERVICES.
1.1. OFFICIAL TOW SERVICE shall perform vehicle towing, impound, and storage services as directed by DEPARTMENT, in addition to such other services as required by this Agreement, and shall provide necessary storage facilities, tow services, labor, materials, equipment, machinery and tools. Specific services include, but are not limited to, towing of improperly parked vehicles, vehicles that obstruct or impede the flow of traffic or emergency lanes, walkways, and handicapped parking spaces, police impounds, seizure of evidence and motor vehicle accident response.
1.2. OFFICIAL TOW SERVICE shall comply with all State laws that regulate tow units and the impounding, towing, storage, selling or junking of vehicles.
1.3. OFFICIAL TOW SERVICE is hereby designated as an authorized tow service provider for CITY. All trucks, personnel, and equipment used by OFFICIAL TOW SERVICE in the performance of this Agreement shall be owned by or leased to OFFICIAL TOW SERVICE and shall be subject to all provisions herein set forth.
1.4. OFFICIAL TOW SERVICE acknowledges and agrees that this Agreement to provide tow services is non-exclusive. CITY intends to concurrently contract with at least one other tow service provider and shall utilize the services of each such tow service provider as CITY, in its sole discretion, deems appropriate.
2.0. CONSIDERATION.
In consideration of OFFICIAL TOW SERVICE's agreement to perform services as required herein, CITY agrees that throughout the term of the Agreement, OFFICIAL TOW SERVICE shall have:
2.1. The right to tow, impound, and store vehicles at the direction of DEPARTMENT within the jurisdictional boundaries of CITY, subject to DEPARTMENT's call -for -service system, as the same may be amended from time to time, at DEPARTMENT's sole discretion.
2.2. Nothing herein contained shall deprive the owner or operator of a vehicle from requesting and receiving towing services from a person or entity other than OFFICIAL TOW SERVICE.
2.3. When, in the opinion of DEPARTMENT, an emergency exists, or where OFFICIAL TOW SERVICE is either unable or unwilling, for any reason, to provide adequate or timely tow service, then DEPARTMENT retains the right to call other qualified tow services, which may or may not be under contract with CITY. Under such circumstances, the decision to call another tow service, either under contract or not, shall be at the exclusive discretion of DEPARTMENT. 2 Tow Service Agreement
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3.0. TERM AND TERMINATION.
3.1. This Agreement shall expire on June 30, 2025.
3.2. This Agreement may be cancelled by CITY at any time during the term, or any subsequent extension hereof, upon revocation of the Certificate of Convenience and Public Necessity granted pursuant to Chapter 6.76 of the Placentia Municipal Code, upon breach of this Agreement or violation of the provisions of Chapter 6.76 of the Placentia Municipal Code. In the event of termination for cause by CITY, OFFICIAL TOW SERVICE shall be compensated for those services that have been fully and adequately completed and accepted by DEPARTMENT as of the date of termination. OFFICIAL TOW SERVICE shall provide documentation deemed adequate by DEPARTMENT to show the services actually completed by OFFICIAL TOW SERVICE prior to the effective date of termination. Termination of this Agreement for cause may be considered by CITY in determining whether to enter into future agreement with OFFICIAL TOW SERVICE.
3.3. This Agreement may also be terminated without cause upon ninety (90) days written notice provided by either party. In the event CITY should abandon, terminate or suspend OFFICIAL TOW SERVICE's work, OFFICIAL TOW SERVICE shall be entitled to payment for services fully and adequately provided hereunder prior to the effective date of said suspension, termination or abandonment, in accordance with this Agreement. OFFICIAL TOW SERVICE shall provide documentation deemed adequate by DEPARTMENT to show the services actually completed by OFFICIAL TOW SERVICE prior to the effective date of and such suspension, termination or abandonment.
3.4. In the event this Agreement is terminated, in whole or in part, as provided by this Section, CITY may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated.
3.5. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
4.0. LOCATION.
4.1. All storage facilities utilized to store police -stored or impounded vehicles by OFFICIAL TOW SERVICE shall be located within CITY or within a five -mile radius of the jurisdictional boundaries of CITY.
4.2. All vehicles stored or impounded at the direction of DEPARTMENT shall be towed directly to OFFICIAL TOW SERVICES' impound and storage facilities, unless DEPARTMENT instructs such vehicles be taken to another location.
4.3. Any change in OFFICIAL TOW SERVICE's operating/facility locations shall be 3 Tow Service Agreement
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reported, in writing, to DEPARTMENT at least thirty (30) days prior to making such change.
5.0. PERSONNEL.
5.1. OFFICIAL TOW SERVICE employees and tow truck operators shall be sufficiently trained and capable of ensuring the safe and proper discharge of their service responsibilities.
5.2. All OFFICIAL TOW SERVICE tow truck operators shall possess valid California Tow Truck Driver certificates and Driver's Licenses in the proper class pursuant to California Vehicle Code§§ 12804.9(b) and 13378 or any successor provision(s) thereto.
5.3. All OFFICIAL TOW SERVICE tow truck operators shall be required to have a safe driving record, be 18 years of age or older, and be subject to driving record and criminal background checks by DEPARTMENT. Within ten (10) days of the effective date of this Agreement, and annually thereafter (within 10 days of the anniversary of the effective date of this Agreement) OFFICIAL TOW SERVICE shall provide to DEPARTMENT a list of its tow truck operators, including driver's license numbers and a State of California Department of Motor Vehicles ("DMV") printout for each tow truck operator. Any subsequent employment of a new tow truck operator shall be reported in writing to DEPARTMENT immediately, including submittal of the above -referenced information.
5.4. OFFICIAL TOW SERVICE shall have an alcohol and drug program that includes at a minimum, maintaining an alcohol and drug free work environment. Any tow truck operator found working under the influence of alcohol or drugs shall immediately be removed from providing any service pursuant to this Agreement.
5.5. OFFICIAL TOW SERVICE shall participate in the DMV Employer Pull Notice Program.
5.6. OFFICIAL TOW SERVICE shall not employ, in the performance of services pursuant to this Agreement, any person convicted of or having pled nolo contendere to a crime involving a stolen vehicle, stolen property, violence, drugs or moral turpitude, fraud related to the towing business or vehicle repair, insurance fraud, or misdemeanor or felony driving while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code § 13377 or any successor provision(s). If any employee is charged with any of the above -listed crimes, OFFICIAL TOW SERVICE shall immediately suspend that employee from duties under this Agreement pending the outcome of the criminal case.
5.7. OFFICIAL TOW SERVICE tow truck operators shall maintain acceptable standards of dress, including uniforms, and cleanliness while on duty in the community.
5.8. OFFICIAL TOW SERVICE tow truck operators shall cooperate with and abide by the instructions of DEPARTMENT'S officers.
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5.9. Each OFFICIAL TOW SERVICE tow truck operator shall obtain from DEPARTMENT a clip -on identification tag which such operator shall wear at all times when performing services pursuant to this Agreement in order to allow ease of tow truck operator identification.
5.10. If any tow truck operator becomes ineligible to provide tow operator services under this Agreement, OFFICIAL TOW SERVICE shall immediately notify DEPARTMENT of such ineligibility and the reason(s) therefor.
6.0. TOWING SERVICE DUTIES.
After being requested to the scene by DEPARTMENT, OFFICIAL TOW SERVICE tow truck operators shall comply with all of the following:
6.1. Not move nor attach a tow truck to any vehicle until instructed to do so by the investigating officer of DEPARTMENT.
6.2. Cooperate with the investigating officer of DEPARTMENT in removing unsafely and/or illegally parked vehicles from the street, and in the storing or impounding of such vehicles as requested.
6.3. On collision calls, clean up and remove all debris from the accident scene, including but not limited to clean-up and removal of all vehicle fluids in the street with absorbent material, as directed by DEPARTMENT officers and § 27700 of the California Vehicle Code or any successor provision(s).
6.4. Provide the owner or driver of towed vehicles (when present at scene) with an OFFICIAL TOW SERVICE business card indicating where the vehicles will be stored or impounded (including address and telephone number).
6.5. Deliver upon request all personal property located within stored or impounded vehicles upon: (a) presentation of proper identification; and (b) in the case of impounded vehicles, presentation of a personal property release form executed by DEPARTMENT.
7.0. RESPONSE TIME.
7.1. OFFICIAL TOW SERVICE shall provide a response time of twenty (20) minutes.
Response time is the difference between the time OFFICIAL TOW SERVICE is notified and the time a tow truck arrives at the required location. Emergency conditions, as verified by local media or traffic enforcement may be acceptable reasons for not meeting the response time requirement.
Equipment or personnel shortage, or lack of availability, are not acceptable reasons for failure to meet response times.
7.2. OFFICIAL TOW SERVICE shall give priority to all DEPARTMENT requests for service.
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7.3. OFFICIAL TOW SERVICE dispatcher shall notify DEPARTMENT when a tow vehicle cannot respond immediately, give the reason for the delay, and an estimated time of arrival.
In the event of an additional delay, OFFICIAL TOW SERVICE dispatcher shall again notify DEPARTMENT and give the new estimated time of arrival. To ensure a timely response, DEPARTMENT, in its sole discretion, may cancel any call -for -service because of a response delay and may request service from another tow service provider.
7.4. If the tow truck unit(s) has not arrived at the scene within twenty (20) minutes from the time requested, DEPARTMENT, based on the urgency of the field situation, may request a different towing service to respond to the call, whether the different tow service has a contract with CITY or not.
7.5. If OFFICIAL TOW SERVICE telephone or radio is not promptly answered, or if the line is busy when called by DEPARTMENT after two (2) attempts, OFFICIAL TOW SERVICE being called will be bypassed and DEPARTMENT shall select another tow service.
7.6. If, while rendering assistance in response to a DEPARTMENT call for towing, a second DEPARTMENT call for towing is generated to OFFICIAL TOW SERVICE, tow truck operator shall, before responding to the second call, ensure that all vehicles at the first site are sufficiently clear of the roadway so that no obstruction to normal traffic exists. Once the second call is handled to conclusion, the vehicles at the first site may be towed as necessary.
8.0. EQUIPMENT STANDARDS.
8.1. OFFICIAL TOW SERVICE shall own or have leased to it at least three (3) tow trucks that will be based at its storage facilities located at 1041 N Kemp Street., Anaheim, CA 92801 and which trucks shall be available to perform towing services at all times during the term of this Agreement. At least one of said tow trucks shall have a lifting capacity of eight (8) tons.
8.2. OFFICIAL TOW SERVICE shall have at least two (2) rigs of one -ton capacity with rear dual wheels.
8.3. OFFICIAL TOW SERVICE vehicles shall be equipped as tow trucks in compliance with the provisions of the California Vehicle Code including, but not limited to, §§ 615, 24605, 25100, 27700, and 27907 or any successor provision(s) thereto. Tow trucks shall be equipped with red flares, lanterns or reflectors, hand tools, crow -bar, rope, broom, shovel, dustpan, absorbent material for clean-up of hazardous materials, fire extinguisher, portable red tail lights and stop lights for towed vehicles, equipment for opening locked vehicles, and safety chains. All vehicles and all related equipment are required to maintain California Highway Patrol Level I Certification and be able to show proof of such certification.
8.4. All OFFICIAL TOW SERVICE vehicles shall have available adequate equipment to handle large trucks, trailers, tractors and other heavy vehicle equipment. This includes a set of dollies capable of supporting any passenger vehicle.
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8.5. OFFICIAL TOW SERVICE vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that have gone over embankments or off traveled portions of roadways into remote areas or other difficult locations.
8.6. Motorcycles that are stored, impounded, or towed from a collision scene at the request of DEPARTMENT shall be hauled by a trailer that is designed to carry motorcycles, or by a flatbed truck.
8.7. Any equipment used and maintained by OFFICIAL TOW SERVICE shall be available for inspection by DEPARTMENT upon request. OFFICIAL TOW SERVICE vehicles shall be subject to random inspection by DEPARTMENT.
8.8. OFFICIAL TOW SERVICE shall be equipped for, and have personnel proficient in, unlocking locked vehicles. OFFICIAL TOW SERVICE shall unlock locked vehicles when requested to do so by DEPARTMENT.
8.9. Throughout the term of this Agreement, OFFICIAL TOW SERVICE shall maintain in a neat and clean manner and in good working condition its storage facilities and improvements thereon, and all vehicles, facilities, equipment, and materials used by OFFICIAL TOW SERVICE in the performance of the services required by this Agreement. Any additions to or deletions from the OFFICIAL TOW SERVICE tow truck fleet shall be immediately reported, in writing, to DEPARTMENT.
9.0. COMMUNICATIONS EQUIPMENT.
9.1. OFFICIAL TOW SERVICE shall install and maintain, to the satisfaction of CITY, at all times during the term of this Agreement, radio transmission and reception contact between OFFICIAL TOW SERVICE dispatcher and each OFFICIAL TOW SERVICE tow vehicle.
OFFICIAL TOW SERVICE shall also maintain and staff, on a 24 -hour basis, a telephone to receive calls from DEPARTMENT and members of the public.
9.2. Use of Citizen's Band Class D radio equipment by the OFFICIAL TOW SERVICE is prohibited.
9.3. If telephones are the preferred means of communication for receipt of calls from DEPARTMENT, OFFICIAL TOW SERVICE shall provide a list of telephone numbers to be called in order of priority, and immediately upon any change in such telephone numbers or in the priority thereof shall notify DEPARTMENT in writing with the effective date of such change.
10.0. HOURS.
10.1. OFFICIAL TOW SERVICE shall provide twenty-four (24) hour towing service, seven (7) days a week, during the term of this Agreement. 7 Tow Service Agreement
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10.2. OFFICIAL TOW SERVICE shall ensure that there will be an employee on call capable of being present or available for releasing impounded or stored vehicles to the public twenty-four (24) hours a day, seven (7) days a week.
11.0. VEHICLE IDENTIFICATION.
11.1. Each OFFICIAL TOW SERVICE vehicle shall display identification signs, in compliance with § 27907 of the California Vehicle Code or any successor provision(s). OFFICIAL TOW SERVICE shall not display any signs or advertising that indicates that OFFICIAL TOW SERVICE is an official towing service or police garage of CITY.
11.2. OFFICIAL TOW SERVICE shall not, through its advertisements or otherwise, in any way publicize any official or other business connection with CITY, nor shall OFFICIAL TOW SERVICE advertise any address or telephone number of CITY as a location or place to call for vehicle towing and storage service.
12.0. STORAGE SERVICE RESPONSIBILITIES.
12.1. OFFICIAL TOW SERVICE shall be responsible for all vehicles, accessories and equipment thereon, and all personal property therein, stored by it. It shall be OFFICIAL TOW SERVICE's duty to protect such stored vehicles, accessories, equipment, and property against all loss, damage by fire, theft, or other causes.
12.2. OFFICIAL TOW SERVICE shall be responsible for the negligent acts and omissions of its employees and for any property damage caused by OFFICIAL TOW SERVICE or its employees.
13.0. STORAGE FACILITY STANDARDS.
OFFICIAL TOW SERVICE shall make adequate provisions for the security of vehicles and property at its storage facilities, which shall at a minimum consist of all of the following:
13.1. All vehicles shall be stored in a building, or in an area or areas enclosed by a substantial wall or fence. The wall or fence shall be not less than six (6) feet in height, and shall have security features installed in such a manner as to prevent access over the top of the wall/fence, or the wall/fence shall be a minimum of eight (8) feet, provided that it complies with the requirements of § 23.81.100 of the Placentia Municipal Code or any successor provision(s) if within CITY.
13.2. All storage facilities shall be secured at all times and shall be adequately fenced with locked gates and shall have lighting adequate, in the opinion of DEPARTMENT, to maintain facility security.
13.3. The minimum total capacity of OFFICIAL TOW SERVICE storage facilities for storage pursuant to this Agreement shall be spaces for seventy-five (75) vehicles. 8 Tow Service Agreement
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13.4. All storage facilities must be approved for security by the Chief of Police, or designee, and available for inspection by the DEPARTMENT at all times upon request of the DEPARTMENT.
13.5. OFFICIAL TOW SERVICE shall not perform any work upon any vehicle without first obtaining written permission from the owner of the vehicle. Notwithstanding the foregoing, all work on impounded vehicles shall be conducted pursuant to § 14 of this Agreement.
13.6. If OFFICIAL TOW SERVICE videotapes or otherwise records images of the storage facility, such videotape and photographs shall be maintained by OFFICIAL TOW SERVICE for at least thirty (30) days.
14.0. IMPOUND VEHICLES - INSIDE STORAGE.
14.1. Vehicles that have been impounded by order of DEPARTMENT shall not be released, lien sold, worked on, altered, or tampered with, without a written release from DEPARTMENT.
14.2. OFFICIAL TOW SERVICE shall maintain, without charge to DEPARTMENT, separate, fully enclosed, and secured garage storage facilities for a minimum of four (4) vehicles ordered impounded by DEPARTMENT ("Secure Impound").
14.3. DEPARTMENT shall have sole access to the Secure Impound when vehicles are being held for evidence.
14.4. DEPARTMENT shall designate when a vehicle is to be placed within Secure Impound. Vehicles placed into Secure Impound shall not be removed from Secure Impound until approved and authorized in writing by the investigating officer of DEPARTMENT.
14.5. OFFICIAL TOW SERVICE shall notify DEPARTMENT of any vehicles being impounded within CITY pursuant to private party impound requests immediately prior to commencement of the towing of such vehicles.
15.0. RELEASE OF VEHICLES.
15.1. OFFICIAL TOW SERVICE is responsible for the release of all vehicles impounded or stored by DEPARTMENT. Authority to release impounded or stored vehicles must be obtained from DEPARTMENT, in writing on DEPARTMENT's release form.
16.0. RECORDS.
16.1. OFFICIAL TOW SERVICE shall record and log the time each call is received, the time of dispatch, and the time of arrival. OFFICIAL TOW SERVICE shall keep, at its place of business, complete and accurate records of all vehicles towed, impounded, or stored at the request of DEPARTMENT, and the amount of charges accrued for each vehicle. 9 Tow Service Agreement
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16.2. Record systems must provide for immediate access, upon inquiry by DEPARTMENT, to the following information:
16.2.1. Locate vehicle from DEPARTMENT record number.
16.2.2. Locate vehicle from license number only.
16.2.3. Locate vehicle from make, color, date and location of impound.
16.2.4. Date of fling all lien sale documents with DMV.
16.3. OFFICIAL TOW SERVICE shall submit a report, by the 10th day of each month, to DEPARTMENT, which shall include all of the following information for the preceding month:
16.3.1. Total DEPARTMENT impounds and storages.
16.3.2. Number of times dispatched by DEPARTMENT.
16.3.3. Number of calls for service resulting in impounds.
16.3.4. Number of calls for service that resulted in having to spend more than one hour on the call.
17.0. LIENS AND DISPOSALS.
17.1. OFFICIAL TOW SERVICE shall provide DEPARTMENT with a list of unclaimed vehicles thirty (30) days before they are scheduled to be disposed of or sold. On or before the 10th day of each month, OFFICIAL TOW SERVICE shall furnish DEPARTMENT a list of all vehicles that have been sold at lien sales during the previous month, and date of the action. The list shall include the vehicle owner's name, address, vehicle make, year and model, license number, VIN number, and DEPARTMENT record number. Copies of all lien sale documents shall be submitted with such list. The documents shall be dated and include all charges imposed on each sale.
17.2. OFFICIAL TOW SERVICE shall comply with all State law requirements for the disposal of unclaimed vehicles.
18.0. INSPECTION.
18.1. All real property and improvements thereon, and all facilities, equipment, and materials used by OFFICIAL TOW SERVICE in the performance of the services required under this Agreement shall upon request by DEPARTMENT be open to immediate inspection by the Chief of Police or his or her designee.
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19.0. MOTORIST ASSISTANCE.
19.1. Whenever a motorist requests tow assistance from the DEPARTMENT and does not specify a particular tow company or membership agency, the service shall, in the sole discretion of DEPARTMENT, be assigned to either OFFICIAL TOW SERVICE or another tow service company awarded a contract for tow service by CITY. All charges arising out of such assistance assigned to OFFICIAL TOW SERVICE shall be the exclusive responsibility of OFFICIAL TOW SERVICE and the requesting motorist. DEPARTMENT shall not be liable for any charges whatsoever arising out of a motorist assistance call. OFFICIAL TOW SERVICE shall not charge such motorist more than the rates specified in this Agreement.
20.0. RISK.
20.1. OFFICIAL TOW SERVICE assumes all risk in the event of damage, theft, fire or otherwise, of the vehicles or any other property towed, impounded, or stored by OFFICIAL TOW SERVICE, its employees or agents.
20.2. Notwithstanding any other term or provision herein contained, when responding to a call from DEPARTMENT, OFFICIAL TOW SERVICE shall have no claim whatsoever against CITY or any right to recover from CITY for the cost of any of the services it renders in the performance of this Agreement. OFFICIAL TOW SERVICE shall look solely and exclusively to the owner of the vehicle towed, impounded, or stored for payment of the services provided by the OFFICIAL TOW SERVICE.
20.3. OFFICIAL TOW SERVICE shall assume the entire risk of nonpayment of any service charges incurred pursuant to this Agreement.
21.0. INSOLVENCY.
21.1. OFFICIAL TOW SERVICE shall not, without the prior written consent of the Chief of Police of CITY, or his or her designee, suffer or permit either the appointment of a receiver to take possession of all, or substantially all of the assets of OFFICIAL TOW SERVICE, or make a general assignment of such assets for the benefit of creditors. Any such action taken or suffered by OFFICIAL TOW SERVICE under any insolvency or bankruptcy proceeding constitutes a breach of contract by OFFICIAL TOW SERVICE, and all property assigned by CITY for safe care shall be "released" to another assigned service provider, as specified by the Chief of Police, or his or her designee, with a reimbursement for towing, storage, and related fees, borne by the service provider assuming the new responsibility.
22.0. SUCCESSORS.
22.1. Each of the terms and conditions of this Agreement shall inure to the benefit of and shall bind, as the case may be, the Parties hereto, and each and every of their respective heirs, executors, administrators, successors, assignees, and legal representatives of the Parties. 11 152
23.0. INDEMNITY.
23.1. OFFICIAL TOW SERVICE shall protect, defend, indemnify, and hold harmless CITY, its elected and appointed officials, officers, employees and agents, against, without limitation, all claims, demands, debts, obligations, liabilities, judgments, actions, penalties, fines, costs, expenses and attorney's fees of every kind and description arising out of or connected in any way with OFFICIAL TOW SERVICE's performance under this Agreement, including but not limited to (1) workers' compensation, (2) any claim or action relating to the preparation of vehicles for towing; (3) any claim or action relating to the towing of vehicles; (4) any claim or action relating to the storage, impound, and maintenance activities; and (5) any claim or action relating to the sale or disposal of vehicles pursuant to this Agreement.
24.0. ASSIGNMENT.
24.1. OFFICIAL TOW SERVICE shall not assign its rights or delegate or otherwise transfer its obligations under this Agreement to any other person or entity without the prior written consent of CITY, which consent shall not be unreasonably withheld. Any such assignment without the prior written consent of CITY shall be void and any such attempted assignment shall constitute a material breach of this Agreement.
25.0. INSURANCE.
OFFICIAL TOW SERVICE, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies:
25.1. Commercial Business Automobile Liability, as required by California Vehicle Code § 16500.5. Said coverage shall include bodily injury and property damage, with a combined single limit of not less than $750,000 per occurrence for Class A tow trucks, and $1,000,000 for Class B, C, and/or D tow trucks. These minimum standards are to include non -owned and hired auto coverage.
Uninsured Motorist, with a combined single limit of not less than the legal minimum.
On -Hook Coverage I Garage Keepers Legal Liability insuring the vehicle in tow, with the following not less than the following limits based on the size of the tow truck:
A. Class A tow truck $50,000
B. Class B tow truck $75,000
C. Class C tow truck $150,000
D. Class D tow truck $150,000
Garage Liability Insurance, including premises and operations coverage for bodily injury and property damage with a combined single limit of not less than $500,000. 12 153
Those tow truck operators removing a vehicle from a hazardous materials incident to the nearest reasonable and safe stopping location will be considered to be transporting property subject to normal minimum insurance requirements of§ 34631.5 of the California Vehicle Code.
All such policies shall be primary, and any other policies maintained by or providing protection for CITY shall be excess or secondary but noncontributing.
25.2. OFFICIAL TOW SERVICE shall carry and pay for workers' compensation insurance as is required to fully protect OFFICIAL TOW SERVICE and its employees under California Workers' Compensation Insurance Law.
25.3. All insurance required pursuant to this Section shall: Be issued by a company authorized by the Insurance Department of the State of California and rated A-, VII or better by the latest edition of Best's Key Rating Guide, except that CITY will accept workers' compensation insurance rated B, VII or better or from the State Compensation Fund. The workers' compensation insurance company shall agree to waive all rights of subrogation against CITY for losses paid under the terms of the policy, which arose from the work performed by the named insured. Each such policy shall provide that it shall not be cancelled or modified except after thirty (30) days prior written notice to CITY.
25.4. Upon execution of this Agreement, the OFFICIAL TOW SERVICE shall provide CITY certificates of insurance and endorsements evidencing the policies fulfilling the requirements of this Section. If self -insured for workers' compensation, OFFICIAL TOW SERVICE shall submit to CITY a copy of its certification of self-insurance issued by the Department of Industrial Relations. In addition, OFFICIAL TOW SERVICE shall prior to commencing work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of§ 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement."
25.5. The insurance policies specified in this Section, except for workers' compensation policies, shall name CITY and its elected and appointed officials, officers, agents, and employees as additional insureds by endorsement to the policies.
25.6. If OFFICIAL TOW SERVICE does not keep and maintain all such insurance policies in full force and effect at all times during the term of this Agreement, CITY may elect to treat such failure as a breach of this Agreement and terminate the Agreement as provided herein.
25.7. If CITY reasonably determines that the amounts of insurance held by OFFICIAL TOW SERVICE pursuant to this Agreement are no longer sufficient, or that additional types of coverage are needed, OFFICIAL TOW SERVICE shall modify the existing coverage or obtain additional policies, as CITY shall reasonably determine. All new policies shall be on the terms and conditions herein contained.
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25.8. OFFICIAL TOW SERVICE shall annually, within ten (10) days of the anniversary of the effective date of this Agreement, provide to CITY evidence that all insurance required pursuant to this Agreement continues to be in full force and effect.
26.0. INTEGRATION.
26.1. This Agreement fully expresses all understandings between the Parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous oral or written understandings or agreements regarding the matters covered by this Agreement.
27.0. AMENDMENTS.
27.1. No modification, amendment, addition to, deletion, or alteration of the terms of this Agreement, whether written or oral, shall be valid unless made in writing and formally approved and executed by all Parties. Rates and Charges established in § 39 of this Agreement may be modified upon request therefor, made in writing, and addressed to the Chief of Police. The Chief of Police may recommend such modifications as justified by OFFICIAL TOW SERVICE to City's City Administrator who shall make a final determination. If modifications to the Rates and Charges are approved by the City Administrator, the provisions of Exhibit "A" shall be amended accordingly with the date of approval thereof set out on the amended Exhibit "A."
28.0. NO WAIVER.
28.1. No delay or omission in the exercise of any right or remedy available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver of any default or condition hereunder must be in writing and shall not be construed as a waiver of any other default concerning the same or any other provision of this Agreement.
28.2. The waiver by CITY of any breach by OFFICIAL TOW SERVICE of any of the provisions of this Agreement, shall not constitute a continuing waiver or a waiver of any subsequent breach or default by OFFICIAL TOW SERVICE either of the same or a different provision of this Agreement.
29.0. THIRD PARTY BENEFICIARIES.
29.1. The terms of this Agreement are intended to confer benefits only on the Parties hereto. No rights of action shall accrue to any other persons or entities under this Agreement.
30.0. INDEPENDENT CONTRACTOR.
30.1. The Parties hereto, in the performance of this Agreement, shall be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another.
OFFICIAL TOW SERVICE and its employees are not employees of CITY and are not entitled to any of the rights, benefits, or privileges of CITY's employees including, but not limited to, medical, unemployment, or workers' compensation insurance.
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31.0. CONTROL.
31.1. Neither CITY nor its elected or appointed officials, agents or employees shall have any control over the conduct of OFFICIAL TOW SERVICE employees except as herein set forth.
32.0. EXECUTION OF AGREEMENT.
32.1. The persons executing this Agreement hereby represent and warrant that the execution of this Agreement and the performance of the terms and conditions of this Agreement have been authorized by all requisite corporation, Federal, State, municipal or other entity requirements and that the undersigned have the right, power, legal capacity and authority to execute and enter into this Agreement.
33.0. DRY RUNS.
33.1. CITY shall not be liable to pay to OFFICIAL TOW SERVICE any charge whatsoever or fee for a call, that does not result in a chargeable service being rendered by OFFICIAL TOW SERVICE (i.e., a "dry run").
33.2. In the event of CITY errors in impounding vehicles, OFFICIAL TOW SERVICE shall cause the release of vehicles upon the direction of the DEPARTMENT without charge for towing or storage.
34.0. CITY VEHICLE TOWING.
34.1. OFFICIAL TOW SERVICE shall provide, without cost to CITY, emergency towing of CITY Vehicles as requested by CITY.
35.0. RESPONSIBILITY.
35.1. It shall be the responsibility of OFFICIAL TOW SERVICE to provide equipment and to perform the duties expressed in this Agreement. OFFICIAL TOW SERVICE is hereby granted authority to utilize additional resources whenever deemed necessary to perform its tow service duties. This may include, but is not limited to, personnel and/or equipment of another tow operator. This, however, shall not relieve OFFICIAL TOW SERVICE of its duties and responsibilities, and any additional cost incurred shall not be charged to CITY.
36.0. EXCLUSIONS.
36.1. Excluded from this Agreement are those vehicles, or parts thereof, which are disposed of through Abandoned Vehicle Abatement Program by delivery to an authorized automobile dismantler, pursuant to § 22660 of the California Vehicle Code or successor provision(s). No charge shall be assessed against CITY or the owner of any vehicle that is towed, stored, or dismantled under the provisions of the Abandoned Vehicle Abatement Program. 15 156
37.0. BREACH OF CONTRACT.
Any of the following acts if committed by OFFICIAL TOW SERVICE during the performance of this Agreement shall be considered a material breach of this Agreement:
37.1. Obtaining a tow contract from CITY by use of fraud, trick, dishonesty, or forgery.
37.2. Towing a vehicle to a location other than approved by DEPARTMENT as an authorized storage facility without first receiving prior authorization to do so by DEPARTMENT.
37.3. After towing a vehicle to OFFICIAL TOW SERVICE storage facilities, without authorization from DEPARTMENT, towing the vehicle to another location for storage or impound.
37.4. Defrauding or conspiring to defraud any owner of any vehicle, any insurance company, or any other person financially interested in the towing, storage, or impound of any vehicle.
37.5. Moving, tampering with, or removing a vehicle involved in a traffic collision prior to the arrival of law enforcement officers at the scene.
37.6. If CITY receives five (5) or more complaints regarding OFFICIAL TOW SERVICE activities during any twelve (12) month period, which DEPARTMENT, in its reasonable discretion, determines to be justified, regarding the service, or lack thereof, provided by OFFICIAL TOW SERVICE.
37.7. Failing to comply with any provision of this Agreement.
37.8. Repeated or flagrant violations of the provisions of the California Vehicle Code.
37.9. Demonstrating a pattern or practice of failing to answer calls -for -service, respond promptly to calls, and/or to maintain clean, orderly, and secured storage facilities.
37.10. Failing to obtain and maintain a current valid CITY business license.
37.11. Commission of any unlawful, false, fraudulent, deceptive, or dangerous act while conducting its towing operation business.
37.12. Allowing the insurance coverage required herein to either be withdrawn or lapse or to no longer be in force for any reason.
37.13. Dissolution of business or bankruptcy.
37.14. Assignment of this Agreement, or any right or interest stated herein, without the prior written consent of CITY.
37.15. Any recurring deviation from CITY's approved charges as specified herein. 16 157
38.0. ACTS OR OMISSIONS OF REPRESENTATIVES.
38.1. It is understood and agreed by the parties that the acts and/or omissions of the owner(s), officers, operators, officials, employees, agents and representatives of OFFICIAL TOW SERVICE in the performance of the services and obligations under this Agreement shall constitute the acts and/or omissions of OFFICIAL TOW SERVICE.
39.0. CHARGES.
39.1. All charges for towing, impound, storage, and other services required to be performed by OFFICIAL TOW SERVICE under the terms and conditions of this Agreement shall not exceed those charges approved by CITY, which are set forth in the schedule of rates in "Exhibit A1" attached hereto and by this reference incorporated herein.
39.2. All rates and charges shall be conspicuously posted in OFFICIAL TOW SERVICE's office, with a copy available in all tow vehicles, and shall be available for review by CITY personnel and/or persons for whom tow service is provided. All customer bills shall be itemized. It will be OFFICIAL TOW SERVICE's responsibility to collect payment for services it renders under this Agreement from the vehicle owners, and CITY shall not be responsible in any way whatsoever for payment of these charges.
39.3. Routine clean-up is included in the basic tow charge. However, when clean-up is determined to be excessive (by mutual agreement of OFFICIAL TOW SERVICE and DEPARTMENT), the rate shall be the labor rate referenced in§ 39.1 (Labor).
39.4. OFFICIAL TOW SERVICE shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or agent of the owner claiming the vehi9le.
39.5. In the event that unforeseen changes in the tow service industry seriously affect OFFICIAL TOW SERVICE's ability to continue to provide the towing, impound, and storage services required under this Agreement, OFFICIAL TOW SERVICE may petition DEPARTMENT for a re-evaluation of the agreed -upon charges and rates set forth in this Section. OFFICIAL TOW SERVICE shall bear the burden of providing such proof as is necessary to show that the continuance of the current rates and charges are so financially detrimental to OFFICIAL TOW SERVICE that they would place OFFICIAL TOW SERVICE in danger of default. The Parties may, by written amendment pursuant to § 27, adjust the terms of this Agreement where circumstances beyond the control of either party require modification or amendment.
40.0. NOTICES.
40.1. Any notices required or permitted under this Agreement shall be in writing and shall be delivered personally or sent by U.S. Mail, first class postage prepaid, return receipt requested, addressed as follows:
17 158
CITY:
OFFICIAL TOW SERVICE:
City of Placentia
Attn: Chief of Police
401 E. Chapman Ave.
Placentia, CA 92870
Anaheim Fullerton Towing Company
Attn: Mark Saehlenou
1041 N Kemp St.
Anaheim, CA 92801
41.0. CHANGE IN CIRCUMSTANCES.
41.1. Each party shall promptly notify the other party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect such party's ability to carry out any of its obligations under this Agreement.
42.0. SEVERABILITY.
42.1. If any term or condition of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
43.0. VENUE.
43.1. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding California Code of Civil Procedure § 394.
44.0. FRANCHISE FEE.
44.1. A. Operators participating in the rotational tow program shall agree to pay the City a franchise fee in consideration for being selected as an Official Tow Service of the City and to partially reimburse the City for actual and reasonable costs incurred in connection with the towing program (pursuant to State of California Vehicle Code, Div. 5, Chap 9, § 12110).
The amount of this fee will be set by the City Council at $75.00 per towed vehicle. The Franchise Fee is payable on the last working day of each calendar quarter during the term hereof.
The Franchise Fee for any period less than a calendar quarter shall be prorated on the basis of a ninety (90) day quarter.
B. Damages: In the event OFFICIAL TOW SERVICE fails to submit to CITY all required Franchise Fees, together with all documents and supplemental material required hereunder, within 18 159
the time set forth herein, or as may be extended by written consent of the parties hereto, OFFICIAL TOW SERVICE shall pay to CITY, as liquidated damages and not as a penalty, the sum of One Hundred dollars ($100.00) per day for each day OFFICIAL TOW SERVICE is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by OFFICIAL TOW SERVICE, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default.
C. Notwithstanding any other term or provision hereof, in the event OFFICIAL TOW SERVICE fails to submit to CITY all required Franchise Fees within twenty (20) days from the conclusion of any calendar quarter, in addition to the liquidated damages due hereunder, CITY may terminate this agreement upon five (5) days written notice.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as follows, to be effective on the day and year first written above.
CITY OF PLACENTIA,
A municipal corporation
Date:
Rosanna Ramirez, Acting City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
ANAHEIM-FULLERTON TOWING:
Date:
President
Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
160
EXHIBIT Al
PLACENTIA POLICE DEPARTMENT
Effective December 3, 2024
SCHEDULE OF RATES
COST RECOVERY PROCEDURE FOR OFFICIAL TOW CONTRACTOR
Towing
Class "A"
Class "B"
Class "C"
Class "D"
Hourly Rate (Maximum
allowed)
$275.00
$325.00
$425.00
$525.00
Storage Rate (Outside)
$75.00
$85.00
$100.00
$115.00
Storage Rate (Inside)
$80.00
$90.00
$105.00
$125.00
Long-term Storage
Daily Rate
Daily Rate
Daily Rate
Daily Rate
After-hours release
$105.00
$175.00
$210.00
$260.00
Service Call - Minimum
$105.00
$175.00
$210.00
$260.00
Labor Rate (Per hour)'
$110.00
$110.00
$110.00
$110.00
Special Equipment at Scene2
1 hour
minimum
1 hour
minimum
1 hour
minimum
1 hour minimum
Class Definitions:
Class A= Standard duty truck/ Tow truck under 26k GVWR
Class B = Medium duty truck/ Tow truck 26k -47k GVWR
Class C = Heavy duty truck/ Tow truck 48k GVWR and air brakes are required.
Class D = Super heavy duty truck / Tow truck 52k GVWR or more and air brakes required. (Labor Rate
If a contract tow company works beyond the one (1) hour minimum and into the next hour, the company may charge per minute of the hourly rate up to the conclusion of the call (i.e.: $150 hour rate= $2.50 per minute rate).
2Saecial Ecuipment
Specialized equipment used at a scene or at a tow yard facility that is required due to circumstances of the incident can be charged dollar for dollar if the circumstances are justified by the tow company. An additional 10% use rate may be imposed for the use of the equipment beyond the one (1) hour minimum. Justification, in written form, is required for the additional charge that explains the circumstances.
161
® CERTIFICATE OF LIABILITY INSURANCE
A�o
M/DD/YYYY)
DATE (M(M /2024
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
The Liberty Company Insurance Brokers
Lic #0D79653
5955 De Soto Ave, Ste 250
Woodland Hills CA 91367
CONTACT McCall Honaker
NAME:
(A/C.pHPHONE AX
No. EXtr (888)918-3960 (A/C, No):
E-MAIL ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INsuRERA:United Specialty Insurance Co
12537
INSURED
P & H Enterprises, DBA: Anaheim Fullerton Towing
1041 N Kemp Street
Anaheim CA 92801
INSURERB:RedWOOd Fire & Casualty Company
11673
INSURER C : Indian Harbor Insurance Co
36940
INSURER D : Praetorian Insurance Company
37257
INSURER E :
INSURERF:
COVERAGES
CERTIFICATE NUMBER:24-25
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.
INSR LT
TYPE OF INSURANCE (MM/DDIYYYY)
INSDADDL
SUBR WVD
POLICY NUMBER
POLICY EFF
POLICY EXP
(MM/DDIYYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
ATN2448533
4/26/2024
4/26/2025
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES
SES (Ea occurrence)
$ 50, 000
X
Deductible- $5, 000 BIPD
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
JECT
PER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OPAGG
$ 2,000,000
$
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
X
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
01TRM04995202
1/1/2024
1/1/2025
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
C
x
UMBRELLALIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
SXS006331501
4/26/2024
4/26/2025
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
DED
RETENTION $
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N /A
y
QWC4002182
1/1/2024
1/1/2025
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
B
Garage Keepers Legal Liability
On Hook/Cargo
ATN2448533
01TRM04995202
4/26/2024
1/1/2024
4/26/2025
1/1/2025
$1,000,000 Ded $1,000 Comp/Coll
100k/200k/500k Auto Schedule File $5,000 Ded
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Placentia, its elected and appointed officers, officials, employees and agents are named as an Additional Insureds as respects liability arising out of the operations of the named insured. General Liability primary and noncontributory and waiver of subrogation wording applies. Commercial Auto additional insured & waiver of subrogation applies. Workers Compensation waiver of subrogation wording applies.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
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
Kirk Aguilera/MHONA
-
ACORD 25 (2014/01)
INS025 (201401)
© 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD 162
M-5876 (05/2016)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to any person or organization you are required to add to this policy as an additional insured in a written agreement between you and the additional insured that is executed prior to the "accident" provided that:
1) such insurance applies only to the ownership, maintenance or use of a covered auto; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and
3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and
4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos" under an "auto" liability insurance form that insures on a primary basis the owners of the "autos" and their agents and "employees" while the "autos" are being used exclusively in the additional insured's business and pursuant to operating rights granted to the additional insured by a public authority; and
5) such inclusion of additional insured shall not increase our limit of liability under this policy.
All other terms, conditions and agreements remain unchanged.
Additional Premium: $
1,000
Company Name
Redwood Fire and Casualty Insurance Company
Policy Number
01 TRM 049952 - 02
Endorsement Effective
01/01/2024 12:01 AM
Named Insured
P & H ENTERPRISES INC
Countersigned by
(Authorized Representative)
(The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy .) 01/04/2024
M-5876 (05/2016)
163
POLICY NUMBER: ATN2448533 COMMERCIAL GENERAL LIABILITY
CG 20 11 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR
LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation Of Premises (Part Leased To You):
As Required By Written Contract With The Named Insured, Fully Executed Prior To The Named Insured's Work Name Of Person(s) Or Organization(s) (Additional Insured):
As Required By Written Contract With The Named Insured, Fully Executed Prior To The Named Insured's Work Additional Premium: $ Included
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — 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 arising out of the
ownership, maintenance or use of that part of the
premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you
cease to be a tenant in that premises.
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 20 11 04 13
© Insurance Services Office, Inc., 2012
POLICY NUMBER:ATN2448533 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
As Required By Written Contract With The Named Insured, Fully Executed Prior To The Named Insured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Any person or organization for which you have agreed to waive your rights of recovery in a written contract, provided such contract was executed prior to date of loss.
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 01/01/2024
Insured P & H ENTERPRISES INC
Policy No. QWC4002182
Insurance Company PRAETORIAN INSURANCE COMPANY
Countersigned By
Endorsement No. 001
QWC4002182 20240101 001
POLICY NUMBER: ATN2448533
COMMERCIAL GENERAL LIABILITY
CG20180413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
MORTGAGEE, ASSIGNEE OR RECEIVER
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Person(s) Or Organization(s)
Designation Of Premises
As Required By Written Contract With The Named Insured, Fully Executed Prior To The Named Insured's Work
As Required By Written Contract With The Named
Insured, Fully Executed Prior To The Named Insured's
Work
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — 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 their
liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the
premises by you and shown in the Schedule.
However:
1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be
broader than that which you are required by the
contract or agreement to provide for such additional
insured.
B. This insurance does not apply to structural alterations, new construction and demolition operations performed
by or for that person or organization.
C. With respect to the insurance afforded to these
additional insureds, the following is added to Section
III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 18 04 13
© Insurance Services Office, Inc., 2012
ANAHEIM FULLERTON TOWING (PRIMARY YARD)
1600 E. ORANGETHORPE AVE, FULLERTON, CA 92831
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RESOLUTION NO. R-2024-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA ISSUING CERTIFICATES OF
PUBLIC CONVENIENCE AND NECESSITY AND
APPROVING THE OFFICIAL TOW SERVICE AGREEMENT
A. Recitals
(i). Chapter 6.76 of the Placentia Municipal Code provides for the establishment of tow service provider(s) and for the issuance of a Certificate of Convenience and Necessity for such services.
(ii). In July 2021, the Chief of Police issued a Request for Proposals and Statement of Qualifications to provide for towing services for the Placentia Police Department regarding the towing and storing of vehicles involved in accidents or disabled for other causes, towing and storing of vehicles which for other reasons are within the jurisdiction of the Placentia Police Department, including but not limited to the towing of improperly parked vehicles, vehicles that obstruct or impede the flow of traffic, emergency lanes, walkways or handicapped parking spaces, impounded/forfeited vehicles, and/or vehicles seizure as evidence.
(iii). On October 5, 2021, the Placentia City Council awarded a contract to Anaheim Fullerton Towing Company for Official Tow Services, and the City wishes to extend the contract until June 30, 2025.
(iv). Anaheim Fullerton Towing continues to comply, in all particulars, with the requirements of Placentia Municipal Code Section 6.76, and is in mutual agreement to provide continued services, and has submitted a rate increase pursuant to Section
6.76.060, Change of Rates -Procedure, by giving thirty (30) days notice. (v). Pursuant to Section 6.76.070, the City Council makes the Finding that the tow service rates are fair and reasonable and wishes to approve them.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all aspects as set forth in the Recitals, of this Resolution.
2. Based upon the evidence, the City Council finds that Anaheim Fullerton Tow Company continues to be in compliance with Placentia Code Section 6.76 and finds that the tow rates are fair and reasonable.
Resolution R-2024-81
171
3. Based upon the finding set forth herein, the City Council hereby issues a Certificate of Public Convenience and Necessity to Anaheim Fullerton Towing and approves the proposed rate increase.
4. Based upon the Findings set forth herein, the City Council hereby approves the Official Tow Services Agreement with Anaheim Fullerton Tow Company and authorizes the Mayor to execute said Agreement.
APPROVED and ADOPTED this 3rd day of December 2024.
Jeremy B. Yamaguchi, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 3rd day of December 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2024-81
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Agenda Item No: 1.f
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: December 3, 2024
Submitted by: Teri Knutson
From: Police Department
Subject:
Approval of Agreement for False Alarm Management Services Financial Impact:
Fiscal Impact:
Revenue: $130,000 per Fiscal Year
Summary:
The City contracts for the administration of false alarm fine charges with a private vendor.
This action will consider approval of an updated agreement for these services with the existing provider, Alarm Program Systems, which received the highest score in a recent Request for Proposals.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve a Professional Services Agreement with Alarm Program Systems, LLC for a term of five (5) years for false alarm management services; and
2. Authorize the Acting City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item conforms to Strategic Plan Goal 2, Ensure that Public Safety Continues to be a High Priority.
Discussion:
Placentia Municipal Code Section 10.38.040 requires every resident or business with an alarm system to obtain a permit from the Police Department. A bi-annual fee is charged to maintain the alarm permit system. False alarms cause a drain upon Police Department resources, so Placentia Municipal Code Section 10.38.100 allows a fine to be charged to those alarm owners who have excessive false alarms to encourage alarm owners to maintain their systems and implement procedures to prevent false alarms. The goal of this program is to reduce the number of false alarms and, by doing so, increase the amount of patrol time for police officers.
Alarm Program Systems (APS) has been providing false alarm management services to Placentia for the past five years. Currently, APS retains 16% of all alarm program revenues 173
collected to administer the program, which generates an estimated $130,000 per fiscal year.
To ensure the City is receiving the best cost-efficient services, the Police Department issued a Request for Proposals for false alarm management services. Two firms responded.
Vendor
Alarm Program Systems
PM AM Corporation
Proposal Amount
19% of revenue collected
15% of revenue collected
Staff recommends that the City retain the existing provider, Alarm Program Systems, for a five-year term. The City has had excellent service with the firm for the past five years.
Continuity with the firm's knowledge of the Placentia Municipal Code and maintaining service to residents and businesses justifies continuing with the same company.
Fiscal Impact Summary:
The City receives an estimated $130,000 per year in revenues from false alarm collections.
Attachments
PSA False Alarm 2024-2029.pdf
Exhibit A - Alarm Program Systems Proposal 10-10-2024.pdf COI - City of Placentia - Alarm Program Systems, LLC.pdf 174
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
ALARM PROGRAM SERVICES, LLC
THIS AGREEMENT is made and entered into this 3rd day of December, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and ALARM PROGRAM SYSTEMS, LLC, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide False Alarm Management Services within the City of Placentia, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Sco3e of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
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(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 Alarm Program Services
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access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Nineteen percent (19%) of revenues collected as detailed in Consultant's Proposal dated October 10, 2024, unless authorized herein.
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "Scope of Services", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The City Administrator is authorized to approve a Change Order for such additional services. Where the original contract is $40,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $40,000.00.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A". The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3 Alarm Program Services
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3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) years, terminating on December 2, 2029, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties..
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any
rearrangement of its affairs.
obligation or payment of any
unsatisfied or unbonded of record
procedures for reorganization or
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4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development, and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements, in a form and content approved by City, prior to performing any services under this Agreement.
The certificates of insurance and endorsements shall be attached hereto as Exhibit "C" and incorporated herein by this reference.
5.4. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior 5 Alarm Program Services
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writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Alarm Program Systems LLC.
367 Civic Drive — Suite 10
Pleasant Hill, CA 94523
Tel: 510-267-0414
Attn: Jim Huchingson
IF TO CITY:
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
Tel: 714-993-8164
Fax: 714-524-3459
Attn: Brad Butts
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the 6 Alarm Program Services
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laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant's sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits, or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors' work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable 7 Alarm Program Services
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worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and 8 Alarm Program Services
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of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental 9 Alarm Program Services
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beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
10 Alarm Program Services
Rev. 01/2024 184
Rosanna Ramirez, Acting City Administratorr
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT:
Date:
Signature
Jim Hutchingson, President
Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Krysle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Date:
James Mcllheney, Project Manager
DEPARTMENTAL APPROVAL:
Date:
Brad Butts, Chief of Police
11 Alarm Program Services
Rev. 01/2024 185
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
12 Alarm Program Services
Rev. 01/2024 186
EXHIBIT B
INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.
Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:
1. Commercial General Liability Insurance
Broad -form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location.
If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
2. Business Automobile Liability Insurance
Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
3. Workers' Compensation and Employer's Liability Insurance Workers' compensation insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars 13 Alarm Program Services
Rev. 01/2024 187
($1,000,000.00) per accident for any employee or employees of Consultant.
Consultant agrees to waive and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
By signing this Agreement, the Consultant acknowledges and agrees to the following:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers' compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.
4. Standards for Insurance Companies
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide.
B. Documentation and Other Provisions
1. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Placentia, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms:
CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
14 Alarm Program Services
Rev. 01/2024 188
2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant's sole cost and expense.
3. The Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy.
4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.
5. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.
7. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.
8. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable. 15 Alarm Program Services
Rev. 01/2024 189
EXHIBIT C
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
16 Alarm Program Services
Rev. 01/2024 190
F PLACENTI"
FALSE ALARMS MANAGEMENT SERVICES
PROPOSAL
SUBMITTAL DATE: 10/10/2024
Alarm Program Systems LLC.
367 Civic Drive - Suite 10
Pleasant Hill, CA 94523
Phone: 510-267-0414
www.alarmprogramsystems.com
191
Executive Summary
Teri Knutson
Management Analyst
City of Placentia
401 E Chapman Ave
Placentia, CA 92870
Ms. Knutson:
In response to the City of Placentia's recent RFP, Alarm Program Systems LLC. [APS] is pleased to present the city with a proposal to provide False Alarm Management Services. APS is honored to have had the opportunity to work as Placentia's partner in this capacity for the last 5 years. It is our sincere belief that our company provides the industry's leading solution and we'd like nothing more than continue our relationship as the Placentia's alarm program administrator.
The APS value proposition is simple:
• We are the only nationwide owner -operated solutions provider focused exclusively on alarm ordinance management.
• We offer a 100% web -based CRM platform built on Salesforce.com that provides flexible industry -leading capability.
• We have the size, focus and processes to provide clearly superior service to any alternative in the marketplace.
APS is headquartered in the San Francisco Bay Area and currently administers programs for 60 agencies. Our company handles 310,000+ alarm permits and processes 4,900+ false alarms monthly across its partner base. Over the course of our 10 year history, we've managed growth with a close attention to our core mission to provide the best service in this market segment. We've established by reputation a platform robust enough to maintain this standard from agencies servicing upwards of 800,000 citizens down to those servicing under 20,000.
The APS application is a 100% cloud -based solution that enables collaboration, integration and automation between business units across multiple departments - creating a true municipal agency and citizen engagement solution. All program information is highly secure, stable, and accessible in real time from any device. From the front end citizen portal to the back end administrative interface, APS is able to leverage an industry leading technology stack to ensure that our product offering is constantly improving at the pace of current technology.
On the service side, APS features an experienced customer support team that is well versed in all aspects in the management of an alarm program. Our staff will be trained on both Placentia's Alarm Ordinance and the manor in which the city want's it administered. To ensure that we operate as an effective face forward for our partner agencies, APS places a strong Copyright © 2024 Alarm Program Systems, LLC
Execute"p Summary
priority on responsive support via phone and email during all business hours. Additionally, our focused in person outreach to problem alarm sites has demonstrated effectiveness in both reducing aggregate false alarms while improving collection metrics.
We believe the APS solution can continue to help Placentia significantly lower embedded agency costs, heighten public awareness, increase program revenues, meaningfully reduce both intrusion and fire false alarms, and free up valuable resources for public safety.
Please do not hesitate to contact us if you have any questions.
Sincerely,
--(jirl:0--
Jim Huchingson
President
Alarm Program Systems LLC.
367 Civic Drive, Suite 10
Pleasant Hill, CA 94523
Copyright © 2024 Alarm Program Systems, LLC
INSURANCE
STATEMENT & W-9
194
CITY OF PLACENTIA
PROPOSAL REQUIREMENTS
PROPOSAL LETTER
CONTRACTOR NAME:
Alarm Program Systems LLC
In response to the request to provide False Alarm Management Services for the City of Placentia, we the undersigned hereby declare that we have carefully read and examined the RFP documents including any plans and specifications, and hereby propose to perform and complete the Work as required in the Contract.
This Contract is not exclusive. The City expressly reserves the right to contract for performance of services such as those described herein through other Contractors.
The undersigned agrees to suppler the Scope of Work at the costs indicated in its cost proposal if its Proposal is accepted within 120 clays from the date specified in the RFP for receipt of proposals.
The undersigned has reviewed the enclosed contract terms and conditions and agrees to accept all terms and conditions of the CITYIs contract unless otherwise noted in the proposal response. If any exceptions are taken, Proposer has identified such exception in the available space below. Such exception shall identify each item to which the Proposer is taking exception or is recommending change, including the suggested rewording of the contractual obligations or suggested change in RFP, and identifies the reasons for submitting the proposed exception or change.
If recommended for Contract award, the undersigned agrees to execute a contract which will be prepared by the CITY for execution, within 10 calendar days following Notification of Award. It is understood that the recommendation for contract award will not be placed on the agenda For consideration by the City Council until the CITY has received the executed contract. The CITY will fully execute the contract subject to resolution of Protest filings, if any, and approval by the City Council. 15 Copyright © 2024 Alarm Program Systems, LLC
The undersigned will also deliver to the CITY prior to the commencement of Scope of Work the necessary original Certificates of Insurance. If services are authorized to commence prior to the execution of the Contract pursuant to a Notice to Proceed issued by the CITY, pending the execution of the Contract, the services shall be subject to the terms and conditions of the Scope of Work and the Contract.
Incorporated herein and made a part of this Proposal are the Response Data and Proposal Forms required by the Proposal Requirements.
The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the RFP Documents (if applicable):
Addenda No. NIA
Identification of Exception(s) to RFP, Scope of Work or Sample Agreement. If not applicable, write "N/A" in the space provided:
NIA
Proposer represents that the following person is authorized to negotiate on its behalf with the CITY in connection with this RFP:
Jim Huchingson
(Name)
President 510-267-0414
(Title) (Phone)
The undersigned certifies that it has examined and is fully familiar with all of the provisions of the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the words and figures and all statements made in the Proposal Requirements; that it has satisfied itself with respect to other matters pertaining to the proposal which in any way affect the Work or the cost thereof. The undersigned hereby agrees that the CITY will not be responsible for any errors or omissions in these RFP Documents.
BY;
(
ig nature)
Jirn Huchingson
(Type or Print Name)
President
(Title)
16 510-267-0114
(Phone Number)
Copyright © 2024 Alarm Program Systems, LLC
PROPOSER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with RFP Package)
This signed document must be included with your bid package in order for your Proposal to be considered complete!
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in Exhibit Br Insurance Requirements, of the Sample Agreement,
Should we/I be awarded the contract, wen certify that we/I can meet the specified requirements for i nsuiance, including insurance coverage of the subcontractors, and agree to name the CITY and other additional insureds as per the agreement for the work specified And we/I will comply with the provisions of Section 3700 of the Labor Coder which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, before commencing the performance of the work specified.
Jim Huchingson, Alarm Program Systems LLC
Please Print (Person, Firm, or Corporation)
Signature of Author.zeia Representative
Jira Huchingson, President
Please Print (Name &TItle &Authorized Representative)
18/812824
510-267-0414 jirrh@alaFmpr rarnsystems_corn
Dete
Phone Nall tier Email
NOTE: All insurance certificates and endorsements must be received by or sent within ten (10) City working days of the original request or the City reserves the right to proceed with the next lowest responsible bidder or the next highest scoring proposer in the process. Please do not send any insurance documents to the City with your Proposal.
17 Copyright © 2024 Alarm Program Systems, LLC
197
FAT W-9
ijaeu.ecti2ber24-l8}
DEven rent al the rreasuy
Irrenel Revenue Servte
Request for Taxpayer
Identification Number and Certification
■ Go to www. rrs.go v/Form WP for instructio na end the teteet i nformafioeti, Give Ft} tin the
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Part I
Taxpayer Identification Number (TIN)
En:er your TIN in the appropriate box. The T N provided must match the remnrra given on line 1 tc akcid backup withholding_ For individuals, this is generally you. social arc lityr number ISSN). However_ for a resident alien, sole proprietd', or cisregarded entity, see the instructions for Fart I. later_ For other er.tities, it is 4'cI-,=. em plover iden:ificatian number fEJNI. If you do not have a number, eee How to get a Social rutty nurnoer
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Employer Idertmcation number
4 5
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Part II
Certification
Under penalties of perjuy. I certify that:
1. The number shown on thisfarm is my correct taxpayer identification number lot. I am waiting for number to be issued to me); and
2. I am not subject to backup withholding beoauee:;e1 I am exempt from backup withholding. or (b} I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a fail Lre to report all interest or dividends, or (c) the IRS has notified me that I am no longer abject to backup withholding; and
3. I am a U.S. citizen cc other U.S. peraon ;defined below): and
4. The =ATCA rode(s) entered on this form ;If .any) indicating that i am exempt from FATCA reporting is correct.
Certification inehusliions. You rnunt cross out item 2 Ebaw if you haw been cofled by the IRS that you are curranrly setjectto backup withholding beoflsse you have failed to report all ititereat and dividends on y.0' v 'LEX retun. For real estate transaction, item 2 does not apply. For mortgage interest paid. acquisil ion or etendcnmerrt of secured property, oanoellerlion of debt, corrbioutionsto an individual retirement arrangement (IRA1- and generally, paynen:s c:her than ititereat end dividends, you we not re.ired'o sign certification, but you must provide yew correct TIN. See the instructions for Part 11, later.
Sign
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Dated 918)2024
General Instructions
Section reierer s are to the Internal Revenue Code unless otherwise noted.
Fahey developments. For the latest information about developments related to Form 4V-9 and its instructions, auoh as legislation enacted after they were published_ gota wW.u.fra.gar/FormW9.
Purpose of Form
An individual or entity (Form W -Q requester) who is required to file an irfonne:ion return with the IRS must obtain your correct taxpayer identification number FIN) which may be your social security number (SSN), irtdMduaJ taxpayer identification number (ITlhfj. adoption taxpayer identification number (ATHA, or employer identiFicaticn number (EIN), to 'sport on an information return the amount paid to you, or other amount reportable on an information return. Examples of information rettrne include, but are not limited to, the following_ • Fc- m 1O99`INT (interest earned or paid]
Rem 1G -diV (dividends, including those from stocks or mutual funds)
# Form 1O9A-MISG (various types of income_ prizes. awards, or gross proceeds)
• Form 109E -B (ertork or mutual fund sales and certain other transactions by brokers)
▪ Form 11299-S (proceeds from real estate transactions) * Rem 1 L -K {merchant card and third party network transactions) * Form 1098 {home mortgage interest). 109E -E (student loan interest), 10999-T •1tuitivn)
' Form 109 C (canceled debt)
+ Form 10-A (acquisition ar aber-tdormterrt of seared property) Use Farm wit -9 anyifyou are a U_S. pereare (including a resident alien), to provide your correct TIN.
Of you do not return Form W- to the .requester with a TAY. }vurnight ha.si,uZ ect to beclzrp withhold:reg. See 1h9mat is backupwithhxlldrrg, later.
Gat Na 10211]I
Form W-9 {Fear. 10-2D1 B}
Copyright © 2024 Alarm Program Systems, LLC
REFERENCES
199
References
APS References
Glendale Police Department, CA 8/21 -Present
Alison Finch, Public Safety Business Administrator
(818) 937-8851 / [email protected]
Population: 202,000
Selected in RFP
Migrated alarm program from former administrator, PM AM Current Outsourced Administrator
Queen Creek, AZ 9/23 -Present
Luz Fierro, Police Support Specialist Supervisor
(580) 358-3535 / [email protected]
Population: 72,000
Migrated from in house solution
Current Outsourced Administrator
Clackamas County Sheriff's Office, OR 7/23 -Present
Tami Dran, Records Manager
(503) 785-5181 /[email protected]
Population: 205,000
Migrated from CryWolf
Current Outsourced Administrator
Boulder Police Department, CO 1/20 -Present
Therese Hil'leary, Dispatch Supervisor
(303) 441-4828 / [email protected]
Population: 109,000
Selected in RFP
Migrated from CryWolf
Current Outsourced Administrator
Montebello Police Department, CA 1/20 -Present
Stacy Smith, Communications Supervisor
(323) 887-1209 / [email protected]
Population: 63,000
Migrated alarm program from in house solution
Current Outsourced Administrator
200
Copyright © 2024 Alarm Program Systems, LLC
Ill
SOLUTION OVERVIEW
201
Solution Overview
APS will continue to manage/administer the Placentia False Alarm Program with the same attention to detail, responsiveness, and citizen support that drew Placentia to partnering with us 5 years ago.
APS's project team for Placentia have all been in place since the beginning of our current contract with the city. Each of the members (p. 19) — from Project Manager, Technical Manager and Customer Support —are all principals who will be giving their full attention to managing a successful partnership. Placentia will have our undivided attention. Jim Huchingson, President, will continue to serve as the dedicated Project Manager.
Alarm Program Systems will continue to provide Placentia with a 100% web -based application that requires no hardware or software to be purchased. APS is prepared to work with all defined city personnel to ensure the City of Placentia meets all of objectives with its alarm program. ❑ APS shall, consistent with Placentia's current alarm ordinance and any future amendments, provide, operate, and maintain Placentia's Alarm Management Program. More specifically, we shall develop, provide, operate, and maintain the systems necessary to communicate with Placentia's designated officials, Alarm Companies, Police Department, and those members of its citizenry affected by the alarm ordinance.
❑ The APS platform will be tailored to fit Placentia's particular needs and objectives and it will perform all functions necessary to satisfy same. It will acquire, access, assimilate, produce, record and store data relevant to the operation of Placentia's Alarm Management Program. It will generate and issue notices, permits and billing statements; track accounts receivables, account histories (including hearings and appeals); and generate reports.
❑ APS will provide accounting reconciliation services and accounting reports for all billing pursuant to Generally Accepted Accounting Principals on a monthly basis. This shall include monthly auditing to ensure accuracy. Said reports and all supporting documents will be submitted to the city within ten business days of month's end.
❑ APS will securely maintain all existing alarm program records (permits, billings, payments/history, fees outstanding, etc.) for the Placentia alarm program. ❑ APS will notify households, businesses, and alarm service providers of alarm ordinance existence and requirements, using city -generated templates and language as required. ❑ APS will generate and issue notices, permits and billing statements; track accounts receivables; and generate reports.
Copyright © 2023 Alarm Program Systems, LLC
202
1L
❑ APS will establish an interface protocol with Placentia's current CAD/RMS vendor and collect alarm call data weekly, or as otherwise required by Placentia. We will provide for a secure, encrypted transmission of this data.
❑ APS will perform billing and payment collection functions consistent with the terms of Placentia's alarm ordinance. We will send written notice to alarm users who generate false alarms and actively pursue those who are delinquent in making their required payments. ❑ APS will provide an online alarm user portal where households and businesses can obtain and renew alarm permits, pay billings, view their alarm activity, view Placentia' alarm ordinance, update account information, and review FAQ's and responses thereto.
❑ APS will maintain a Toll -Free telephone number (M -F, 9am-5pm PST) that individuals may call to speak with someone about the specific details of their bills or to ask about the alarm permit program in general. Additionally, inquiries may be submitted via email and a timely response will be delivered to each inquiry received.
❑ APS will provide a system -integrated solution to collect and organize appeals for City mediation and handle adjustments and communication upon resolution.
❑ APS will provide Placentia with 24 -hour emergency telephone number where an APS associate can be reached at all times.
❑ APS will provide training to Placentia employees engaged in the operation and/or oversight of Placentia's Alarm Management Program.
❑ APS will provide Placentia with secure, online access to alarm management information, including, but not limited to, reports produced by Placentia -defined search criteria. ❑ APS will produce and deliver reports to Placentia in a timely manner as required or requested by the city, including, but not limited to, auto -notifications. ❑ Our system is capable of generating and producing reports based upon the entry of a variety of parameters, including, but not limited to: registration number, permit status, customer name, customer address, incident type, and date, including a range of dates. Our system accepts multiple search criteria, including partial and wildcard searches.
Copyright © 2024 Alarm Program Systems, LLC
APS TEAM
204
Project Team
Project Management Organization
• Jim
Huchingson
• Tamara
Hartsgrove
Partnership
• Lisa Baxter
• Brett Glass
Jim Huchingson will serve as Project Manager and oversee all phases of the Placentia partnership.
His efforts will be concentrated on the development of a rollout plan and overseeing all phases of the project - including status meetings, data import, website development, and managing CAD and financial interfaces.
Lisa Baxter will conduct customer support training. She will train the train customer support staff on Placentia's ordinance, establish a protocol for appeals with the city, and implement work flow rules for collection and billing.
Tamara Hartsgrove will serve as the point person for data conversion and integration. She will take alarm program data in whatever form it currently exists and import it onto the APS platform. She will also assist in designing of any necessary CAD/RMS interface.
Brett Glass will serve as Co -Manager on the project and coordinate regular progress meetings with Placentia to ensure clear communication throughout the onboarding process. He'II handle all communication materials for alarm company and citizen outreach. Brett will continue as Placentia's primary Customer Service Representative after the program has been rolled out.
These four key members of the team will serve as contact points for respective staff members in Placentia focused on the False Alarm Management Program. Each will be principally responsible for working with Placentia and ensuring the success of its alarm program.
Copyright © 2024 Alarm Program Systems, LLC
205
1�
Project Team
Key Project Personnel
Jim Huchingson
Project Manager/President
Jim Huchingson is the President and founder (2012) of Alarm Program Systems, LLC..
Jim has over seventeen years of experience in designing, implementing, supporting and managing recurring revenue streams for many of the largest organizations in the world, including providing services to run the False Alarm Program for the City of San Francisco.
He plays an integral part of the day-to-day operations including Customer Support, Finance and Product Development. Additionally, Jim is in charge of each implementation and the customer on - boarding process.
Jim graduated with a Bachelor's degree in Legal Studies from the University of California at Berkeley.
Technology Background:
• Salesforce.com
• Force.com
• Zendesk [Customer Support}
• Permit and Licensing Process
Development and Optimization
• Product Development [Jim is the architect of the
Alarm Program Systems application]
• Customer Support Process Development
• Heroku Web Development and E -Commerce
Applications
•
•
Lisa Baxtap
Training Manager/Customer Support
Dedicated Customer Service Manager with 15 years of experience building, staffing, and overseeing high -functioning operations and service teams in both health care and technology verticals. Prior to APS, Lisa worked at Halt Medical (acquired by Acessa Health) and AcroMetrix.
Lisa is responsible for service agent training as well as testing, modifying and implementing all customer support workflows. She heads the hearing and appeals process and has extensive experience in collections and billing.
Lisa is recognized for exceptional, high -touch customer service, maintaining a 100% recommendations rating on feedback surveys.
Darlene White
Program Support Manager
Alarm company coordinator and
customer service representative.
Ten years experience in investment
banking, with roles as national and
regional account executive (Integrity
First Financial Group & Freedman,
Billings & Ramsey).
Sandy Quiett
Program Support Manager
Customer service specialist.
Twenty years professional
experience managing customer
service operations.
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Project Team
•
•
Tamara Hartsgrove
Implementation Manager
Tamara is responsible for all new and running projects; working with developers and managers; creating testing plans, outlines and the implementation of CAD and software interfaces. She oversees quality assurance and data migration. She is proficient with systems such as Task, Microsoft Expression, Excel, SQL, Word, Access, OnTime, Microsoft Project, and Salesforce.
Dave Kr upinski
Developer
Full -Stack Engineer with a focus on Content Systems Architecture. Custom tools to generate, maintain, and distribute content across the web and mobile devices. Tasks include modifying, upgrading and optimizing the APS platform.
Technology Background:
• Ruby on Rails
• NodeJS
• HTM L5
• MongoDB
• Redis
• MySQL
• Haml
• SQL Server
• Slim
• Javascript
• JQuery
• CoffeeScript
• SpineJS
• Prototype
• Cold Fusion
Brett Glass
Operations & Partnership/Vice President
Customer outreach, product development, and compliance processes. Prior to joining APS, Brett had twenty years of experience in financial service corporate management, including Hambrecht & Quist, Lake Union Capital (Managing Partner), First Albany (Managing Director), and JP Morgan. Bachelor of Arts, UCLA.
Copyright © 2024 Alarm Program Systems, LLC
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SCOPE OF SERVICE
208
Scope of Service
Project Approach: Technology
Our firm has become a popular solution for law enforcement agencies who have chosen to implement a true CRM solution beyond simply invoicing and billing. The APS application is built on the Salesforce.com platform, which enables collaboration, integration and automation between business units, applications across multiple departments - creating a true municipal agency -citizen engagement solution.
Utilizing the APS platform, Placentia staff will have unlimited real-time access to all relevant data related to the alarm program's operation. Though a simple, point and click interface, city administrators will have the ability to call data metrics (on any time frame) such as program revenues, current permits, refused permits, false alarm billings, outstanding receivables, past due balances, collection rates, upcoming renewals, etc.
Custom reports can designed for each user's individual preferences. All reporting is easily exported to Excel, PDF, or other file formats.
The APS CRM-rich feature set allows users (both city and administrator) to record an up-to-the-minute history of all customer service interaction related to each unique permit/account. Phone inquiries, emails, appeals, and agency notes can all be logged and shared by users to maximize collaborative efficiency.
The APS application is a 100% web -based, secure platform built from the ground up on a technology stack unparalleled in the industry today leveraging the ongoing evolution of leading -edge applications such as:
salesforce
iris
cm amazon
i/ web services
!� slack
HEROKU Google
stripe
zendesk
PLAID
Building on Salesforce cloud -based architecture helps ensure that your alarm program's functionality is able to upgrade in parallel with the rapid evolution of technology. Our commitment to constantly investing to provide the leading standard in both personal client service and technology translates to alarm management programs that experience both the lowest error rate and highest collection rate in the industry.
Copyright © 2024 Alarm Program Systems, LLC
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17 Scope of Service
Customer Service
APS has a diverse collection of expert customer support professionals with a proven capacity to drive program revenue and false alarm reduction. From our project managers to our customer support staff, we employ only the most qualified individuals in the industry. We invest heavily in initial and ongoing training to maintain competency in support strategies, industry issues, client products and services, and general communication skills.
The training is comprised of four components:
•Ordinance -Specific Training: Revenue events and triggers, policy guidelines and fee schedules. •Customer Support Training: Common objection handling review, FAQs and Placentia program review will enhance team communication and collection skills.
•Community Awareness Training: Our customer support team will review and disseminate all current community affairs and Law Enforcement news in Placentia on a daily basis to ensure our staff can understand and communicate effectively with the residents of Placentia. •Continued and Ongoing Training: Our team's practical hands-on support experience is a great resource for improving the process and identifying ways to maximize false alarm reduction for our clients. We provide monthly "Leadership Lunches" with industry experts and support trainers from around the country.
The APS staff will be available to assist citizens and business owners and to answer program and billing questions via access to a Toll -Free telephone number, chat and email. The APS customer service team will be available from 8am — 5pm PST, Monday through Friday, excluding major national holidays. An integrated voice response [IVR] and voice mail system will be enabled and customized for the use of Placentia's false alarm management program, including customer greetings and call routing. All calls not handled in real time will be returned within 24 hours from receipt. We can fully support an integrated customer support model whereby APS and Placentia personnel collaborate and contribute together, not just in answering calls but for all program functions. The majority of requests are handled within 60 minutes or less.
Additionally, our application infrastructure is based on the core customer relationship management principles.
Accurate record keeping, familiarity with local issues and multiple communication channels (phone, email and chat) are key components to resolving customer inquiries.
The APS Customer Service Team is kept up-to-date with security industry and agency relevant news through a dynamic feed straight into the APS application.
APS uses Zendesk to track and manage all customer support interactions. All requests are logged and closed through Zendesk. Zendesk is a San Francisco based company and is regarded as the premiere customer support application worldwide.
Views
Your unsolved tickets
Unassigned tickets
All unsolved tickets
0 2
13 Recently updated tickets 33
Pending tickets
Recently solved tickets
Suspended tickets
Deleted tickets
5 102
5 44
Recently updated tickets
33 tickets
Subject
Requester
Play
Requested Priority Assignee
Status: New
❑ MI bill adjustment Robin Berta -Miller 12 minutes ago ❑ ® le New message 1 in mailbox 500 Telephone System Message 16 minutes ago Status: Open
❑ 0 FW: Palm Springs Police Department - Alarm Unit : Fees Due Douglas Morton Yesterday 12:46 pm - Lisa
Alarm at 335 Corrie Place. Alamo
Celeste Pacelli
Oct 17 - Lisa
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Scope of Service
o
+ kdd
AO AIM HOME
Overview
APPS
Customer Satisfaction and Measurement
All customer service interactions are tracked, measured and Zendesk provides us the capability for APS to measure response time and customer satisfaction.
Marketplace
Manage
MAHAOE
ogle
Jser Fields
Organization Fields
Views
'Aacros
Fags
f icket Fields
F icket Forms
CHANNELS
=mail
Benchmark Survey
The Zendesk Benchmark enables you to compare your key metrics to thousands of others_ Compare your Zendesk to industry peers or similarly -sized companies. See how you stack up In delivering support to businesses, consumers, or internal employees. Learn more Government & Non-profit
1-L3 employees
Ext.rnal customers • Businesses
Thousands of customers
A dedicated support team of agents
(Agent
4 Privacy Policy
99%
Customer satislac lion Customer satisfaction
29.2hrs 18.8hrs
.. .�... first •Ccly t Inc Average first reply time
94%
188 260
Tickets per month Tickets per month
Alarm Permitting, Renewal & Suspension
APS automates the entire process for generating permits, renewal notices, false alarm notices and permit suspensions. Permits/Address records are generated through electronic registration on the alarm user website: https://placentiaca.citysupport.org .
Alarm company roster and CAD false alarm data is imported at a measured interval.
When a permit/address record is established, APS time stamps and tracks every interaction with the record, including items such as: status, status change date, total number of false alarms, outstanding balances, all fee notification history, permit renewal and expiration dates. Workflow rules are set with each field to create any number of automated actions based on the time stamp or value change. For example, 45 days from expiration date, renewal notice invoices are automatically generated. All invoices are attached as links to the permit record and can be viewed at any time.
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Scope of Service
Sample Permit Record in APS
18-237646
Fc'Ice Deparrme-rt
PIERCE COUNT'?
SHERIFF
L`censa Number
18-237545
FAO
THsc1292
RIII°ngcontact
Lfcensrng
Permits
Billing Contact
F'lone Number
License Type
Resldentral
Cencelld.loi Date
Last RecozrL?Ilat!an
Date
Number of False
Alarms
6 Unmatched
30 Day Wake
QL tlncation
El
Alarm Ccmpa ny
SECURE
PACIFIC
CORPCRAIIO
N
Pennit Added.
4/30{2019
1451 AM
Latest False Alarm
VNIAE
712120191:29
PN1
Latest PsTmIt
Irn'o!ee
10/2/2019
Unnel I I,r.nr,
Ferret Date
1111512018
12:00 AM
Pe rm't ExplretIan
Date
11/15)2019
License status
Pefrnftted
Previous status
Refused
Last Status Cna nee
4{3012019
10:51 AM
Suspended Age
;days]
Suspended Dare
Last Fa;se Alarm
MI17/2019
12:44 AM
Total[nwoleed
$621.75
Amount Pala
$347.75
Total Invoiced
;oLrtstandl1g]
$274-00
OuLstand•ng Permit
7aIarxe
$24.00
Payrnenis Pa!11ng
Pyacessalng
$d-00
Last BIl ling Date
9/2412019
Last Email .el III ng
Data
rnne.rinrr nm�li
0 Biiiing Activities (3)
New
BILLING ACT]V1T... AMOUNT
NOTE
CREATED DATE
BA -03_.5385 5123.75
entered manually
10/22/2019 8:32 AM r:
BA -0296497
$1 C0. 00
entered manually
8/1)2019 2:00 PM
8A-0282757
S 124.00
1343012530
4/30/2019 10:51 AM
View All
Invoices (6+)
INVOICE NLIMBER
INV-19-2278839
INv-19-2125401
New
INV-19-2120533
PERMIT BILLING YE... FALSE ALARM EVEN... INVOICE DATE
2019 10/2/2019
6/30/2019 10:18 AM 7/2/2019
6/17/2019 2:44 AM 6/18/2019
INV-1 -2116773
INV-19-2114812
INV-19-2498979
6)1)2019 3:38 PM
5/27/20198:10AM
2/2712019 10:49 PM
6/4)2019
5/28/2019
3/5)2019
VIaw All
False Alarms (6)
New
FALSE ALARM NU...
20191020-395190
20r.:7 .- = -_
2419961- v-.` v E
20190604-369329
20190528-368688
2015430-36i596
EVENT DATE/TIME
10/17)2019 12:44 Alui
6/30)2019 10:18 AM
6/17/2019 2:44AM
6/1/20193:38 PM
5127/2019 8:10 AM
2/27/2019 10:49 PM
FALSE ALARM COUNT BILLABLE
5 4
3 2
1 View Al]
® Notes & Attachments (6 0
ni PIERCE C0U[+tTY SHERIFF License rt 18-2.-.
MI Sep 24, 2019 • Attachment
Upload Flies
Mk PIERCE COUNTY SHERIFF License a 18-2...
Aug 13, 2019 • AttaO-Iment
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Scope of Service
Alarm User Web Portal
In addition to submitting payments by mail, customers will have the ability to pay on- line. APS has a Web builder portal admin application to make any and all content changes quickly. Our secure website portal is built with the latest technology stack and is mobile -friendly for alarm users to interact with on any device or desktop. Alarm users can manage all of their permit and false alarm history in addition to paying fees online.
Alarm users can also print a copy of their alarm permit from the web portal.
Reg ete My re
Register My Alarm
Monitored Alarm. $19.00 Permit
Monitored Alarms $18.00 Annual
Renewal
Map Ordrim oe
Plarn School
False Alarrn Fees
ems Us
Gerect Inlnrmarinn
Monitored Alarms $10.00 t First name
Permit
Non -Monitored Alarms $10.00
Annual0.enewaL
mice. Char6efnr Let. Ranexal
$15.00
'Do eat Aeg,'ster vbor Ara -m ff you
raclered a letter from as. Please
usw the roe', rrarlencars nrovidprf
on Um ndrse acrd fuerr, un lire My
Account page_
If yol. nese assIsTante or would
Tike to register over the phone
please comer, LS se 810-i36687,
-
Alarm System
ma qpe
!arm, mcntlorine nnmpacy
Orrie
My Account
Account Overview
Account Into
IS Pay Invoices
9 Print Permit
i Log Out
Mann ordinance
La rm SCMon
•r Your Account
Culver City Police Department - Alarm Unit
0 0 0
Register My Alarm
Register your alarm
system for the first time.
Renew My Permit Make a Payment
If you have aLready
registered your alarm
system and need to
renew.
$355.00
Permit it
Password
Alarm Company
Status
Expiration Date
Alarm Location
15-069778
OCay1556
STANLEY Convergent Security
Solutions, Inc.
Permitted
2019-10-20
BIG LOTS
5587 SEPULVEDA BLVD
CULVER CITY, CA 90230-5513
Recent Account Activity
Activity Type
False Alarm
Permit
False Alarm
Fatse Alarm
False Alarm
Invoice Date
2019-01-29
2016-09-06
2018-05-29
2018-05-22
2018-05-15
Incident Date Status Amount
2019-01-21 Paid $235.00
— Paid $18.00
2018-05-26 Paid $235.00
2018-05-16 Paid $235.00
2018-05-11 Paid $235.00
Pay permit or false alarm
fees either online or by
mail.
Permit Number
Password or PIN
❑ Remember me
Log In or Activate
Activate
Forgot your password?
Need help Logging in? Call us at 310-736-8471.
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Scope of Service
Electronic Billing
The APS application can track alarm user notification preferences such as mail, email or both mail and email correspondence. All email communication templates are stored and managed within the APS application.
Billing Activities (60
Police Department Permit Date
CLILVER CITY POLICE
DEPARTMENT
License Number
15-056535
PW
ALIa1070
esliing Contact
False Alarm Department
Billing Contact Phone Number
(312) 954-2529 P
License Type
Commercial
Cancellation Date
Last Reconciliation Date
9/114201E, 1:24 AM
ttumber of False, arms
25 Unmatched
30 DayWaiveQualification
Alarm Company
a ADT SECURITY SERVICES
Permit Added
11/18/201711:19 AM
Latest False Alarm Invoice
8121/2418 7-13 PM
Latest Permit Invoice
10/5/2018
Send License Renewal Bill d
Total Invoices Sent
9 Fre Alarm
MED ALM
LJ
11/18/ 2018 11:19 AM
Permit Expiration Date
11/1812019
License Status
Permitted
Previous Status
IJnpermitted
Last Status Change
1112112015 2:26 PM
Suspended Age (days}
Suspended Date
Last False Alarm
El/18/2018 5:57 AM
Total invoiced
$2,279.00
Amount Paid
S2,279.00
Total Invoiced (ou!tanding)
50.44 Outstanding Permit Balance
S0.00
Payments Pending Processsing
S0.04
Last Billing Date
10/9/2018
Last Email Billing Date
Go Paperfess email sent on
10/2312018
Invoice Delivery Preference
Email
Invoice Delivery Preference set on.
1012312018 9:24 AIM
Activation Date
rf
BILLING ACTIVITY NAME
8A-0216092
13.4-0186818
BA 0172126
13.4.0171877
$A•0O91734
SA 0O90x62
AMOUNT
$19.00
518.00
5225.00
5235.0(l
$488.00
52x4.00
Invoices (6.)
INVOICE NUMBER PERMIT BILLING YEAR
INV.18.81O464 2018
INV•18.803301
INV-17-655126 2017
INV•17 629010
IN V • 17-627604
INV 16485176
ri False Alarms (6.)
FALSE ALARM NUMBER
20180820-313719
20170226-239024
20170214.238101
20161026,173962
20161026173481
20160928 172806
EVENT DATEITIME
8/16/2018-6=57 AM
2123/201711:06 PM
219/20174:24 AM
10/17/2016 11:45 PIA
101171201610:24 PM
9/25/2016 6:14 PM
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Scope of Service
Sample False Alarm Billing
SAN RAFAEL POLICE DEPARTMENT - ALkRM UNIT
PO HOx LL19a
SAN RAFAEL. CA 94912
KAISER PERMANENTS
LICENSING PERMITS
99 MONIECILLO ROAD
SAN RAFAEL_ CA 94903
19-518345 aaao.aoa•
https: f /sanrafae Ica.citysu pporLorg
1888 965-9771
DATE
PAY TFII5 AMCHINT
PERMIT NO.
12/1g/2020
170.00
MAKE CFIECKS PAYABLE / REMIT TO'
SAN RAFAEL POLICE DEPARTMENT - ALARM UNIT
Po6O>L1119A
SAN RAFAEL, CA 94912
PAST DUE
Please detach and include with paurpayment
ALARM LOCATIOFI; 99 MONTECILLO RD
IwbltE FEE TYPE INVOICE DATE INCIDENTDATE FEES PENALTIES AMOUNT PAID AMOUNT DUE DIJE DAM INV-20.27716 0 False Alarm 11/10{262f1 L0}29{202J 2:42 PM $54.00 $6.00 $6.00 $50.00 12{> https://sanrafaelca.cit-oupport.org fala rm-school to learn more.
Online Payment lo manage your account online, make payment with a credit ordebit card, or to obtain more information about the SAN NAME POLICE DEPARTMENT Alarm Ordinance go to https:nsanrafaelca.citysupport.arg. To log In, please enteryour PERMIT NU MBE R and PIN or PASSWORD.
PERMIT NO.
PIN
UP. DATE
STATUS
19-518345
A-398223
12f2Sf2021
Unpermitted
If there k no Iongeracthre alarm service rn your name at this location, please notify us In writing by sending an email to sanrafaelcakbatysuppart.orgwith the date of cancellation and the alarm company of record.
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Scope of Service
APS USER
False Alarm Tracking and Billing
APS creates a list of related false alarms to each permit. APS captures all relevant fields and data from the original CAD/RMS record supplied by both Police & Fire Departments. The false alarm count automatically adjusts every time a new false alarm record is added and triggers billing automatically at program -specific thresholds.
Home Dashboards N., Reports N., Licenses N., Bi lling Activities N., Invoices N., False Alarms v Accounts v Contacts v Invoice, False Alarm
20190604-369344
Related Details
False Alarm Number
20190604-369344
License
17-144936
.....................................
Dispatching Alarm Company
STANLEY SECURITY SOLUTIONS
False Alarm Count
3 Attention First Name
Attention Last Name
Location Business Name
PS FAMILY CARE
Location
1515 N Sunrise Way
Street
Culver City False Alarrn Batch
False Alarm Batch
FA -53796
................................
Unresolvable 6
Event Date/Time
6/3/2019 1:54 AM
Police Department Comments
1906P-0386
Event Date
6/312019
Full Name
In Last Year
i✓I
Since Permit Date
A False Alarms (6+)
New
FALSE ALARM NUMBER
EVENT DATEITIME
FALSE ALARM COUNT
BILLABLE
20190604-369344
6/3/2019 1:54 AM
3 r
I w!
20190430-366501
4/30/2019 12:14 AM
2 4-
I r I
20181226-355934
12/24/2018 5:40 PM
1 ,r
T
20180612-262327
6/8/2018 7.26 AM
se
w
20180612-262328
6/612018 6.26 AM
.r
w
20180220-256396
2/19/2018 7:23 AM
.r
w
View All
APS runs the false alarm invoicing job once per week, which looks for false alarm records on all permits that do not have an associated invoice. If there is no invoice, APS automatically creates a new invoice associated with the false alarm and with the corresponding amount based on the assigned false alarm count and the relevant fee table for the agency.
Copyright © 2024 Alarm Program Systems, LLC
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Scope of Service
)
1j Fee Schetlukes (6
New
FEE SCHEDULE NAME
TYPE
AMOUNT
FS 00.19. .
............. .. ..
Unpern .t d False Alarm 4•
5235.00
II
FS 010fi
Unpermitted False Alarm 4
5235.00
Fs -0018
Unperr tted False Alarm 3
5235.00
FS.017...
... ........ .. ..
Unpermitted False Alarm 2
5235.00
•
FS•001.6
............. ......
Unpern tted False Alarm 1
$235.00
F5.00T5
Renewal Permit
ST8 in
view All
© invoices {6.)
New
INVOICE NUMBER
PERMIT BILLING YEAR
FALSE ALARM EVENT DATEITIME
INVOICE DATE
1NV•18.810464
201B
10/5/2016
O
1N V•18.803301
511812018 6:57 AM
B 12112018
O
INV•17.655126
2017
10/5/2017
1NV•17.62901D
21231201711:06 PM
31312017
Fri
1NV•17.627604
219120-17 4.24 AM
211512017
INV•16.485176
10117M16 PM
10/26/2016
y
Mew All
Appeals Support
The APS application manages the entire appeals process online; no more sending cumbersome MS Excel files back and forth. We enable a list view that can be accessed by defined users and collaborated on in real time. All relevant details are extracted, hosted and can be accessed by any mobile device: alarm activation information, license account information and payment history.
Placentia can check the APS application on any interval to see the latest resident appeals and collaborate or participate in any decisions.
aACTIVE APPEALS y.
Swarm this List. .
POLICE DEPARTMENT T �. LICENSE NUMBER v BILLING CONTACT v LOCATION BUSINESS... v ALARM COMPANY v TOTAL INVOICED ID... .. LOCATION ADDRESS v PERMIT EXPIRATION... v LAST BILLING DATE CITY or ROCRroRO 16217260 Llcenvng Permit LUTHER CENTER USA SECIIPIT SYSTEM 510.525.00 141W STATE ST 0116(2039 1012(2010 EL CERPITO POLICE DSPARTMENT 16.074713 West Contra Cos. Una... n CERRITOHIGH SCH... ADT SECURITY SER,IC _ 50]00 v.DASHRUPY AVE 111212020 10 14.120113 EL CfRPITO POLECEDCPARTMENT 16075070 WCCUSD HARDMG ELEMENTARY ALARM COMPANY tI. . 50]00 7230 FAIRMOUNT AVE 4/6/2019 10141201.5 EL CERRITO POLECEDEPARTMENT 18152004 Wt. Centre Ces. Ur, AIAPM COMPANY V.. 517,00 8500 MADERA DR 1/2712020 101,hme False Alarm Reduction
The primary focus of any false alarm program is to reduce false alarms and create awareness in the community of the ordinance and its goals. APS publishes a weekly top offenders list, so our customer support staff and city is made aware of all problem alarm locations.
The APS customer support team conducts outreach campaigns via email and phone to contact the highest false alarm count locations to help educate alarm users on how to avoid future false alarms and financial liabilities.
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Scope of Service
Alarm School Online Education
APS is proud to offer the premiere Online Alarm School in the industry. Alarm School Online is committed to reducing the number of false alarms by working with local law enforcement, municipalities and alarm monitoring companies to educate alarm users. Interactive, educational, and user-friendly, Alarm School Online empowers alarm users so they are never the cause of a false alarm dispatch. By completing the course, the alarm users can be proud of doing their part to reduce false alarm calls in their area. www.alarmschoolonline.com .
Home Alarm Tips Course Details FAQ Contact Us
False Alarm Prevention Course
I
ALARM
SCHOOL
ONLINE
.com
Alarm School Online is committed to reducing the number of false alarms by working with local law enforcement,
municipalities and alarm monitoring companies to educate alarm users. Interactive, educational, and user-friendly, Alarm School Online empowers alarm users so they are never the cause of a false alarm dispatch. By completing the course, the alarm user can be proud of doing their part to reduce false alarm calls in their area.
FACT: 99% of all alarms are false.
The False Alarm Problem FACT: Each false alarm costs tax payers police and administrative time and money.
How to Reduce False FACT: One or two police officers are dispatched Alarms every time an alarm goes off.
Causes of False Alarms FACT: False alarms take police away from important police calls.
Anatomy of False Alarms SOLUTION: Learn what to do to prevent a false a larm.
Choosing an Alarm
Company
Dashboards and Reporting
f Begin the Caurse
4 Log Back In
There are a number of reports and dashboards pre -configured that can be accessed through the portal logins. Underlying each dashboard component is a report which can be manipulated to change the filter criteria if needed and downloaded to .XLS or .CSV file formats, if required. There are no charges for incremental report building and/or modifications. APS can configure an unlimited number of false alarm reports based on all available CAD fields for analysis, and all can be accessed in real time from any device.
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Scope of Service
Reports — Customized Interactive Dashboard - Sample
Culver Revenue This Month
$0.06 $21,600.06
$6,887.00
Sum of Amount
Culver Conversion Metrics YTD
Status
• Payment Due
• Past Due
• Paid
■ Cancelled
• 30 -day Waive
■ W sired -PD
■ W eived-APS
Culver False Alarms This Month Day
Over Day
Month End Culver Finance Details
Item
Permitted False Alarm 4+
Renewal Permit
Permitted False PJarm 2
Sum of Amount Paid
S7,O50
$4,677
$2,640
Permitted False Alarm 4 $1,410
Permitted False Alarm 3
Unperroitted False Alarm 4+
Unpermilted False Alarm 1
Unpermitted False Alarm 3
New Permit
$1,175
$705
S470
$47O
$45O
Late Fee
$42O
Unpermilted False Alarm 2
Unpermitled False Alarm 4
Total S2O,O67
S365
$235
YTD Culver Accounts Receivable
8. $0 OD
$1.0,060.00 $26,060.00
Sum of Amount Due
Status
• Payment Due • Past Due
Culver Licenses By Status
Culver Revenue This QTR Month Over
Month
57 197
2,536
Record Count
License Status
• Permitted
• Unpermilted
• Suspended
• Inactivated
• Exempt
• Refused
Culver False Alarms Last Month Day
Over Day
Record Count
12.5 10
7-5
5 2-5
6 11"
4 3
9 T
cele
10 5
4 4
3 4
3 2 2
r r r
'
4 12
7 6
5 Event DatefTiree
Record Count
Culver False Alarms YTD Month Over
Month
206
c 156
O
50 168
169
143 132 137
Event Detail -Time
172 173
$36,060.06 -
$25.013.00
$0.06
$29,067.00
$6.867-09
July 2918 August 2619 'September 2.:
Created Date
Culver Upcoming Renewals
Permit Expiration
Date
• September
2019
• °cipher2019
• November
2019
• December
2019
Culver New Licenses YTD QTR Over Culver New License Growth QTR
80 160
O
'940
°u
20 9
62 23
18 a a
5 46
0 3
2 9 4r?
''
License: Created Date
License Status
• Permitted
• Unpermitted
• Inactivated
• Refused
3,606 -
0 ▪ 2-006
tr -Loco
0. G G o G G G G o
d c? rj c'," OODD
License: Created Date
Account Name
CULVER CITY
POLICE
DEPARTMENT
219
Reports — Sample
The APS platform can generate unlimited reports organized by any object criteria your alarm program's data.
The following is a standard set of available reports that will come preset in Placentia's administrative portal access. APS will additionally modify, create, or add whatever reports the City requests. All the reports are callable and real time and can be pulled into Excel or PDF format;
BOULDER
Q Find reporls and dashboards... All Items
Action Name t
u 171
a
U
E
ri
L'J
171
E
E
a
El 17
U
U
El 17
171
El 17
U
E
El El
CCCOO
BA THIS MONTH BOULDER
BL Unperinitted Accounts By Alarm Company
Boulder Accounts Receivable
Boulder Active Appeals
Boulder City Collection Report
Boulder City Top Offenders
Boulder Collections Report
Boulder False Alarms This Quarter
Boulder Inactivations This Month
Boulder Invoice Conversion Metrics
Boulder INVOICE PAID THIS MONTH
Boulder INVOICE PAID THIS QTR
Boulder INVOICE PAID THIS YEAR
Boulder Licenses by Status
Boulder Monthly False Alarms
Boulder Monthly Revenue By Invoice Type
Boulder New Licenses This Ma nth
Boulder New Licenses This QTR
Boulder New Licenses YTD
Boulder YTD False Alarms
Boulder YTD Revenue
Boulder YTD Revenue By Invoice Type
® End Boulder Finance Details
® Month End Finance Details BOULDER
® Monthly Revenue By Invoice Type BOULDER
® PERMITS BY EXP DATE
TODAYS PAYMENTS
Folder
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
BOULDER
220
Reports — Month End Reconciliation
The month end reconciliation will come via Excel file. The report will pull directly from and tie to data in the alarm program data. Page levels contain a Billing Summary, Billing Detail, Payment Activity (tying to the specific invoice to which the payment was credited; Postage & Mailing; Credit Card Fees; & Banking.
ITEM
QTV
RATE
A
New Permit Revenue Received - Residential
61F
$46.30
$
New Permit Revenue Received - Residential
24 $37.73
Renewal Revenue Received - Residential
21 $46.30
Renewal Revenue Received - Residential
2 $37.73
Permit Overpayment Credit - Residential
2 New Permit Revenue Received - Commercial
39 $ 46.30
$
New Permit Revenue Received - Commercial
19 $37.73
RenewaI Revenue Received - Commercial
30 $46.30
$
RenewaI Revenue Received - Commercial
7 $37.73
Permit Overpayment Credit - Commercial
New Permit Revenue Received -Senior
RenewaI Revenue Received -Senior
Permit Overpayment Credit - Senior
New Permit Revenue Received - School
'
Permit Overpayment Credit - School
'
False Alarm Payments Received
S
$
False Alarm Payments Received - Residential
False Alarm Payments Received - Commercial
38 $
False Alarm Payments Received - Senior
3 False Alarm Payments Received - Commercial
False Alarm Overpayment credit- Residential
False Alarm Overpayment credit- Commercial
2 NSF Fees
NSF Payments
REVENUE RECEIVED BY ITYSUPPORT
52 Mailing & Postage Fees
Bank Fees
Lock Box Analysis Charges
Credit Card Processing Fees
E Total
$2 P
Q
License
Al located
Artn�nt Due
747 WOODBRI DG E STREET
CITY SU PPORT COMMISSION
93.27 $ -
2 $ -
3 972 FOOTHILL BOULEVARD
82.00 5
$
I Billing Summary
� •
Billing DetE )
158.14
5 6
224TANV FARM
224TANK FARM RD
... 1
137.00
5 196SUBURBAN RD
BA -0709013
Payment
3324655897
8/24/2022
PA -00274360
INV-22-3364437
7/19/2022
Paid
$ 1,666.62
$ 461.91
S -
7 520MASONWAY
&0.0700214
Stripe
8/1/2022
PA -00264497
INV-22-3364365
7/19/2022
Paid
$ 237.83
$ 155.83
5 -
B
972 FOOTHILL BOULEVARD
BA -0711268
Credit
0./P: 13838
8/31/2022
PA -00276964
INV-22-3392271
8/31/2022
Paid
S [82.OOj
S [82.OOj
$ -
9 224TANK FARM RD
&0.0710799
Credit
Of P: 389481
8/30/2022
PA -00276416
INV-22-3390468
8/30/2022
Paid
$ [137.00[
$ [137.00[
$ -
10 602ACA LANE
BA -0702128
Payment
94699
8/9/2022
PA -00266685
INV-22-3365155
7/19/2022
Paid
$ 100.64
$ 100.64
$ -
11 952 HIGU ERA
&0.0702134
Payment
14684
8/9/2022
PA -00266695
INV-22-3365161
7/19/2022
Paid
$ 93.27
$ 93.27
$ -
12 751 MARSH STREET
6-0702116
Payment
1201626
8/9/2022
PA -00266672
INV-22-3369454
7/26/2022
Paid
$ 146.94
$ 100.54
$ -
13 3807 BROADSTREET
BA -0704492
Payment
25611
8/16/2022
PA -00269319
INV-22-33694S5
7/26/2022
Paid
S 100.64
$ 100.64
$ -
14 1075 FARMHOUSE
BA -0711224
Payment
3392249
8/31/2022
PA -00276919
INV-22-3373406
8/2/2022
Paid
$ 100.64
$ 100.64
$ -
15 1541 FRO0M RANCH
BA -0768456
Payment
890833
8/23/2022
PA- 273697
INV-22-3364732
7/19/2022
Paid
S 268.78
$ 100.64
$ -
16 3485EMPRESA DRIVE
&0.0707429
Payment
31209
8/22/2022
PA -0272598
INV-22-3364275
7/19/2022
Paid
$ 93.27
$ 93.27
$ -
17 406HIGU ERA STREET
120
BA.O700868
Stripe
8/3/2022
PA -U265252
INV-22-3364288
7/19/2022
Paid
$ 93.27
$ 93.27
$ -
18 481 MADONNA ROAD
A
BA -0704793
Stripe
8/16/2022
PA0 269663
INV-22-3364294
7/19/2022
Paid
$ 261.41
$ 93.27
$ -
19 747 WOODBRIDGE STREET
100
&0.0707324
Payment
1085
8/22/2022
PA -00272478
INV-22-3369449
7/26/2022
Paid
$ 261.41
$ 168.14
$ -
20 860CAPITOLIO WAY
C
BA -0702337
Payment
9S174
8/10/2022
PA -00266949
INV-22-33694S2
7/26/2022
Payment Due
S 37.73
$ 37.73
$ 130.41
21 4464BROADSTREET
BAO703994
Payment
126519
8124/2022
PA -00274337
INV-22-3364290
7/1912022
Paid
$ 155.83
$ 155.83
$ -
Billing Summary
Billing Detail
Payment Activity
Postage&Mailing
Credit Processing Fees
221
Scope of Service
False Alarm Financial Reports
Each day's transactions are logged and audited, and the APS application can produce a variety of reports across any time frame needed. Each line item transaction has an associated payment batch audit record for reconciliation.
Payment Batch Audit: ransection Code Process Date Text License Number Statement ID Payment Amount Effective Payment Caro Tex.. Consolidation Date Text Batch IC Sequence Number Error Resolved SFCC Processed Time Payment Response: Ope n Successful. (46 records)
1136 13
1133
1133
2 2
3 528,c30.06
20115O7-27 06017388 150009032 S'00.05 2015-07-27
2015O7-27 03000083 136012267 5250.00 2015-07-27
2015-O7-27 03000065 150008395 5"00.06 2015-O7-27
20' 5-08-05 879'99
26'5-O3-05 946755
20'5-08-05 940757
Aug 6201510',06AM
hug 6201510,00AM
Aug 6 201510:09 1
Payrnant surx xea
1130
.,L . _ rnlee Gin un
Payment 6atcb Awl It Detail
II] 11.10
lreuw lion CWe 219
Pre.N..A:. 1..l ]6'547-27
Lk.n..neinL.r ;8017'.86
91.bi.r.l ID 15I0050P2
Payolml luraud'ua7 Im 00
]6'547-27
Crna�ll�a:ixr Rem 1..1. 20'5-08-05
BaLA ID ??9195
iou iMin4.r 1
a v 4.uadu Suuassdul.
9FaF Preo.xe-role h.y? 2015': O.M1.M
im0n5
Ern. livinilmd
WAUSAU IL)
Lrea9rC tly
llau
. tlk6':V' b %lite 'r
Deis De.
All reports can be easily exported to MS Excel:
222
Copyright © 2024 Alarm Program Systems, LLC
Scope of Service
Top Offenders List
Another frequently viewed dashboard report that is exported by our partner agencies is the "Top Offenders" list.
Culver City Top False Alarm Offenders
Loration Address T
10724 WASHINGTON! ELY0
1 11141F1EFFERSON BLVD
1 11194 WASHINGTON PL
1 1124 PLAYA CT
1 1191& W WASHINGTON BLVD
1 20D COP POPATE PT
1 3578 HANDEN AVE 1
41. SEPULVEDA BLVD
1 41SS SEPULVEDA BLVD
1 445,6 OVERLAND AVE
1 S299 GREEN VALLEY CIR
1 5987 WRIGPITCRESr OR
1 60D1BRIS OL PKWY
1 62605LAU5PN AVE
1 62211.11,31_
1 84325rELLER DR
1 0586 WASHINGTON BLVD
1 2616 HAYDEN PL
1 8689 HAYDEN PL
1 8810 WASHINGTON BLVD
1 9523 CULVER BLVD
1 99371EFFERSON BLVD
1 Month -End Remittance Process
APS and Placentia will reconcile the previous month's deposits and online transactions on the first of each month. Based on these monthly reports, APS will invoice showing our fee calculation against all revenues collected. Once the invoice is approved, an ACH request would be made and funds deposited to the Placentia designated bank via Bill.com. The monthly reconciliation report can be tracked in real time from the Placentia dashboard page in the APS application and exported to Excel at any time.
moflln tot] uuiver Finance ueiaiis
..
Item
Sum ofAmount Paid
Renewal Permit
55,320
Permitted False Alarrn 3
52,820
Permitted False Alarm 2
51.5,50
Permitted False Alarm 4.
51.410
Lfn permitted False Alarm 1
5705
Late Fee
5498
New Permit
S488,
Permitted False Alarm 4
5470
tin permitted False Alarm
5385
False Warm
S185
Non -licensed Alarm - False Alarm Fee
5120
513.959
View Report (Menih End Culver Finance Retells)
Copyright © 2024 Alarm Program Systems, LLC
223
33 Scope of Service
Agency Collaboration — Read/Write Access & Chatter
Connect all program stakeholders with files, data, and read/write access to all Placentia records — anywhere, anytime and from any device. Follow specific posts and actions of program staff internal to APS and externally from Placentia. Connect, engage, and motivate staff with a Facebook-like timeline and history to work efficiently, regardless of their roles or locations.
Collaborate on false alarm appeals, service cases, campaigns, and collections. Users of APS can subscribe to certain topics, groups or posts by users to stay up-to-date on all citizen interactions. 18-234024
Hide Feed
® Post d File fl Thanks More -
Write something...
Q Show All Updates
iiii
Lisa Baxter
ASO completed 3-19-19
Comment • Like March 19, 2019 at 3:33 PM
iiiii
__., Lisa Baxter
Once ASO completed, reduce FA fee on 1-19 to $25 per Diana Comment • Like . March 7, 2019 at 8:16 AM
Lisa Baxter
ZENDESK: 14438, appealing....see activity @Pierce County Comment Like • Edited February 20, 2019 at 1:58 PM
f Share
esPierce County
Thank you Lisa, hoping to get to appeals soon —still cleaning up emails and phone calls from being out of the office.
Diana
Like • February 20, 2019 at 2:08 PM
Lisa Baxter
I know, I know! No rush...so many calls!
Like • February 20, 2019 at 2:28 PM
mu Pierce County
;; All of you are awesome! I so appreciate your help and support, especially right now with all the start up!
Like • February 20, 2019 at 2:45 PM
Write a comment...
Darlene White
Mary is sending in an appeal. Her keypad wasn't working. She would like to do alarm school to try to get the fee waived.
Comment • Like • February 20, 2019 at 12:49 PM
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Copyright © 2024 Alarm Program Systems, LLC
224
Scope of Service
Alarm Company Management
One of the critical components of a successful alarm program is an efficient interface with growing multitude of service providers in the market. We have built strong relationships with the major regional and local alarm companies in addition to the larger national alarm companies. APS works closely with all alarm companies, outsourced monitoring platforms, and the emerging DIY offerings to maintain timely and accurate customer rosters. All alarm company roster files are imported and an Alarm Company Roster Batch record is created with the date of import and all of the relevant details that were updated with each matched record. All non -matched addresses get permits and invoices created on import for outreach via email or mail.
In addition to proactively maintaining alarm user lists, APS offers an Alarm Company Self -Service Portal.
Using a simple interface, alarm providers can access, view and manage their customer rosters online.
MANAGER PORTAL
® Dashboard
Alarm Roster
New Permit
Company Information
Dashboard
M Alarm Roster
O New Permit
Company Information
Roster Search
RESIDENTIAL PERMITS
1468
Manage Resirtenti al
EE Open Invoices
Number
COMMERICAL PERMITS
57 Manage Commercial
Pierce County Sheriff 9 REBECCA MOFFETT
GOVERNMENT PERMITS
O
Manage Government
Status
Total
Paid Due
a Closed Invoices
Number
AC-INV-19-006937
AC-INV-20-007098
No Available Invoices
i Alarm Rosters
Status Total Paid Due
Paid $100.00 $100.00 2019-07-07
Paid $100.00 $100.00 2020-06-11
All Types
FirLir
CRYSI UPPORT
Manager Portal Log In
o
CI Remember me
Leg I t Port.l
Fo.gozwur Pascwo,a?
o
SENIOR PERMITS
231
Manage Soalor
$ Invoice Overview
Amount
Total 52,980.00
Paid $2,980.00
Due $060
8 Company Information
SIMPLISAFE HOME SECURITY SYSTEMS
.i 617 208-4020
i [email protected]
i www.simplisafe.comf
Download Roster
es
Lookup Permits
Type
Number
Contact
Address
Expiration
Status
18-227865
STEVE WALSH
[email protected]
(206) 295-9085
16814 ERICKSON RD SW
LONGBRANCH, WA 98351
2021-11-30
Permitted
il
18-237684
LICENSING PERMITS
aaatruckrepeingcMaii.com
312140TH STREET S
PARKLAND, WA 98444
2022 -Q1 -Q1
Permitted
Ca
18-232454
RICHARD DAY
[email protected]
1253)279-4805
17527 SOUTH VAUGHN ROAD NW
VAUGHN, WA S9394
2021-0B-29
Unpermitted
Q
dI
18-274181
JAIME ZUNIGA
izuniga561me,com
253-973-8641
16 MADRONA DRIVE NW
GIG HARBOR, WA 99335
2021-89-0£i
Permitted
Copyright © 2024 Alarm Program Systems, LLC
Scope of Service
Security Procedures
APS has implemented a firm -wide protocol to meet the guidelines of CJIS security standards.
Though an alarm program administrator cannot achieve an official CJIS Certification, given its mandate it can through its internal processes ensure that is "CJIS Ready". This establishes rigid administrative and technical safeguards used to access, collect, distribute, process, protect, store, use, send, dispose of, or otherwise handle all operational data.
Personnel Security. Staff background screening.
Security Awareness Training. All employees receive training in CJIS compliance standards.
Data Encryption. The APS platform is built on Salesforce. Rigid encryption standards extend throughout the platform to the process of data transmission.
System Login Procedure.
• Two factor login identification.
• Automatic lockout after 3 unsuccessful login attempts. • Event logging and auditing of all activities, including password changes. • Access restriction based on user profiles such as IP address, network, time of day, etc.
Configuration Management. Changes and updates to the information system platform, architecture, hardware, software, and procedures are documented and securely stored.
Physical Media Protection. All printed materials related to operations are securely stored or destroyed.
Consultation. APS has committed to be scoped/audited by a qualified third party consulting firm on a regularly scheduled basis to ensure it maintains standards on an ongoing basis.
Collection Procedures
APS partner agencies realize some of the strongest accounts receivable metrics in the industry today. Agencies typically see collections rates of 85-95%.
We adhere to the best collection processes in the industry, based on the following core principles:
• Have a Defined Credit Collection Policy
• Invoice Promptly and Send Statements
Regularly
• Use "Address Service Requested"
• Aging Sheet and Balance Dictate Process
• Well -Trained Staff
• Accurate Record Keeping
Copyright © 2024 Alarm Program Systems, LLC
226
30 Scope of Service
Collection Process Steps:
1. Invoice — Accurate and Timely
2. Call
❑ Confirm receipt of invoice
❑ Confirm payment time frame
❑ Confirm point of contact
3. Voice Mail / Email Follow -Up
4. Collection Letter — Once accounts move 30 days past due, they appear on the collections report in "open status" and a letter is generated
5. Demand Call
❑ Payment plan option
6. Voice Mail / Email Follow -Up
All Past Due Accounts Flow Through the Following Stages:
Past Due — Open
•
•
Collection Letter
Sent
Promise To Pay
•
•
Payment Plan
Debt Dispute
•
•
Skip Tracing
If needed, APS can work with 3rd party collection agencies and provide such an agency with a login to the Placentia collections report.
Return Mail Handling
The APS application integrates with Google Maps and provides an address verification component. We have some of the lowest return mail averages in the industry. All returned mail is handled by APS and all alarm location or billing location addresses are verified and/or updated dynamically via Google Maps or an agency supplied street table of valid addresses.
Google Maps
Copyright © 2024 Alarm Program Systems, LLC
Scope of Service
Technology Infrastructure
System Requirements
There are no system or network requirements for the APS solution. An internet connection from any device running a web browser is sufficient.
Interface & Data Integration
APS is built on the Salesforce.com platform which is the most robust, flexible and open cloud platform in the market today. There are hundreds of 3rd party integration tools and components to leverage; APS can support native level API integrations with all of the major software platforms and applications in the market today. Additionally, APS can support a variety of file level and SQL based integrations with drag and drop field mapping capabilities. We have seamlessly integrated with a variety of CAD and financial applications with our current customer set. CAD integration has been supported with a bi-directional interface, such that data elements like permit status and permit number can be placed back into the CAD system for dispatch.
Access Security
Salesforce.com provides an extremely powerful and flexible security architecture. This architecture lets users define how users log in, determining (for example) which IP ranges are acceptable, what hours of the day are allowed, how long sessions stay active for and so on. It also enables programmatic control, for example, which users may log in through a Web services API, and which endpoints a running application can connect to from the Force.com platform. The platform security architecture also lets users define administrative security permissions, and the security profiles let you determine who has access to which features and components - ranging from the set-up menu all the way through to read/write settings on an object or field. User logins are protected as follows:
• Limit to the number of unsuccessful login attempts
• Event logging of all activities, including login activities and password changes • Automatic session locks after 30 minutes of inactivity The record -sharing model enables an even finer level of security of Placentia's data, not only determining who has access to which records based on a user, role or group model, but also how these data records are shared among various users.
Superior System Integrity and Security on the Salesforce Cloud o Salesforce performs real-time replication to disk at each data center, and near real-time data replication between the production data center and the disaster recovery center. o All networking components, SSL accelerators, load balancers, web servers, and application servers are configured redundantly.
o All customer data is stored on a primary database server that is clustered with back-up database server for uninterrupted access.
228
Copyright © 2024 Alarm Program Systems, LLC
30 Scope of Service
o All customer data is stored on disk that is mirrored across multiple storage cabinets and controllers. o All Customer data, up to the last committed transaction, is automatically backed up to a primary tape library on a nightly basis.
o Back-up tapes are immediately cloned on a second library to verify their integrity; and the clones are moved to secure, fire resistant off -site storage on a regular basis.
These APS collocated facilities provide carrier -level support, including:
Access control and physical security
• 24 -hour manned security, including foot patrols
and perimeter inspections
• Biometric scanning for access
• Dedicated concrete -walled Data Center rooms
• Computing equipment in access -controlled steel
cages
• Video surveillance throughout facility and
perimeter
• Building engineered for local seismic, storm, and
flood risks
• Tracking of asset removal
Environmental controls
• Humidity and temperature control
• Redundant (N+1) cooling system
L
Power
• Underground utility power feed
• Redundant (N+1) CPS/UPS systems
• Redundant power distribution units (PDUs)
• Redundant (N+1) diesel generators with on -site
diesel fuel storage
Network
• Concrete vaults for fiber entry
• Redundant internal networks
• Network neutral; connects to all major carriers
and located near major
• Internet hubs
• High bandwidth capacity fire detection and
suppression
• VESDA (very early smoke detection apparatus)
Dual -alarmed, dual -interlock, multi -zone, pre -
action dry pipe water -based fire suppression
Threats
4% 401
Operational Security
PEiysica i Secu rity
Copyright © 2024 Alarm Program Systems, LLC
229
37 CASE STUDIES &
PARTNER LIST
230
Case Studies
Case Study — Colorado Springs, CO
CSPD alarm program went live with the APS application in November of 2019. Working in collaboration with the Police and Information Technology Departments, APS successful migrated the Colorado Springs PD from a home-grown application to the APS platform.
Migration from home-grown database
Implementation time in 8 weeks
Alarm ordinance modification broadcasts to
34,000 alarm users & 265
Alarm Companies
Cleaned
database
of non -valid
addresses
Went live with
existing CAD
Automated —I
Bi-monthly
Alarm
Company
invoicing,
emailed statements for
all outstanding alarm
user fees
export file
Imported and
cleaned
265+
alarm company
records
APS Contacted and
worked with CSPD on
Alarm Company
Management
to receive/manage customer rosters via the APS
alarm company portal
Provided dynamic,
real-time
reports for review
Improved
collection rates
CSPD manages the entire program
$937,106.00
with 1 FTE
Provided a
collaboration platform
APS staff works in concert with CSPD Alarm Administration Staff as back -office support team
r CSPD &
APS
provide
A hybrid customer
service team, Tier I,
Tier II support with
live phone transfers
APS provides a software solution and complete 100% back - office program support to CSPD
APS back -office tasks and support includes:
✓ Alarm Company Management
✓ Alarm Company email broadcasts
✓ Alarm User email broadcasts
✓ PDF creation and emailing of all invoices and statements to Alarm Users & Alarm Companies ✓ Importing and matching false alarms
✓ Month end financial reconciliation support
✓ Tier II customer support — email, chat, live phone transfer, phone payments, ACH payments, CC payments, appeals ✓ Alarm ordinance consulting, recommendations and education ✓ Online Alarm School
✓ Updating APS application with any fee updates or ordinance modifications ✓ Shared access and visibility into Lockbox & Credit card processing accounts Copyright © 2022 Alarm Program Systems, LLC
231
Case Studies
Case Study — Pierce County, WA
APS successfully completed a migration of Pierce County, WA from the PM AM platform at the end of 2018. Working in collaboration with Program Coordinator, Dianna Mcinnely, APS was able to transition the alarm program in a one month window. Through its differentiated effort, APS meaningfully increased all relevant program metrics within its first year of partnership.
Migration from PM AM database
Implementation time in
4 weeks
Refunded alarm users
during the Christmas Holiday season not covered by County Imported and managed
15,000
permits, invoices, payments
and account history
Increased permit
count by 5,000
in the first 8 weeks of operation
Sent out intro notification letters to
15,000 alarm users
Imported and cleaned
100+
alarm company records
Cleaned database
of non -valid
addresses
Provided dynamic,
real-time reports
for review
Provided a
collaboration platform
to work in concert with Pierce County Alarm Administrator Went live with
existing CAD
export file
Processed payments for
I $378,923.00
in the first six months of operation
I_
Program revenues tracking +36% y/o/y.
Candis Medak
Alarm program Coordinator
Pierce County Sherriff's Department
[email protected]
Copyright © 2024 Alarm Program Systems, LLC
232
,FL
4 Case Studies
Case Study — Escondido, CA
APS successfully completed a migration of Escondido, CA from their home-grown platform at the end of 2016. Working in collaboration with the Police and Information Technology Departments, ESCONDIDO APS successful helped Escondido implement a revised ordinance to meaningfully increase CYry o[Choke 40' registered alarm owners and educate them on program objectives - translating to a reduction in false alarms by 20%.
Migration from home-grown database
Implementation time in 4 weeks
Sent out intro notification letters to
5,700 alarm users
L
Cleaned
database
Increased revenue from $19,000.00 to
$275,000.00
in the first 12 months of operation
of non -valid
addresses
Went live with
-I
existing CAD
export file
False alarm
counts
holding
steady during annual
alarm ownership
increases of 10%
Increased revenue from $19,000.00 to
$275,000.00
in the first 12 months of operation
Contacted and worked
with Alarm Companies
to receive customer rosters
Provided dynamic,
real-time
reports for review
Provided a
collaboration platform
to work in concert with Escondido Alarm
Administration Staff
Imported and cleaned
100+
alarm company records
87%
collection rate.
Imported and managed
2,200
permits, invoices,
payments
and account history
Reassigned existing
$40,000.00 PD resource
to more productive assignments.
Roberta Akans
Community Service Officer
Escondido Police Department
[email protected]
Copyright © 2024 Alarm Program Systems, LLC
233
43 4 Case Studies
Proven Track Record in Improving Program Metrics
Montebello, CA 1/20 — Present Pop 63,000
• Imported all existing permit records / established weekly CAD transmission of FAs
• Extensive outreach to alarm owners & alarm companies
• Increased permit count from 1,490 to 1,958 (31% increase) • Program revenues exceeded City Projection by 40% in Y1 • False alarms tracking down 15% yoy ('20-'21), despite '20 COVID decline in FAs
San Rafael, CA 1/20 — Present Pop 60,000
• Consulted on revised ordinance design in 2019 w new annual permit fee • Launched administration of revised ordinance 1/20
• Coordinated outreach to build a program w/ 3100 active permits • Nominal gross revenues grew to $175k in Y1
• False alarms down from 1700 to 1450 yoy ('20-'21), despite '20 COVID decline in FAs
Fullerton, CA 8/21— Present Pop 140,000
• Imported all existing permit records/historical payments/out standings from finance & homegrown alarm program databases (records from 5800 permit locations)
• Back billed and collected for 2020 out standings
• Coordinated with PD, City AR, & Finance
• Completed the transition (up and running) in 5 weeks from contract signing
• Designed 2 way data interface with Fullerton RIMS provider Versaterm Carlsbad, CA 7/22 — Present Pop 114,000
• Imported 4K existing permit records
• Established weekly CAD transmission of FAs
• Extensive outreach to alarm owners & alarm companies
• Increased permit count by 50%
234
APS Partners
ALARM
PROGRAM SYSTEMS, LLC
San Francisco, CA
Department Type
Finance
Software License
Description Population
883,305
Pierce County, WA Sheriff
Outsourced
PM AM Replacement
603,000
Albuquerque, NM Finance Software License CryWolf Replacement 560,000
Colorado Springs, CO PD
Hybrid
464,474
Clackamas County, OR Sheriff Outsourced CryWolf Replacement 205,000
Glendale, CA PD
Outsourced PM AM Replacement
202,149
Corona, CA
Finance Outsourced
159,000
Escondido, CA
PD/Fire Outsourced
151,613
Rockford, IL PD/Fire Outsourced PM AM Replacement
147,000
Torrance, CA
PD Outsourced
144,500
Fullerton, CA
PD Outsourced
140,000
Concord, CA
PD Outsourced
129,000
Boulder, CO PD
Outsourced CryWolf Replacement
107,125
Carlsbad, CA
Finance Outsourced
114,411
Hawthorne, CA PD
Outsourced AlarmTrak Replacement
87,495
Placentia, WA PD
Outsourced CryWolf Replacement
85,000
San Ramon, CA PD
Outsourced 75,500
Walnut Creek, CA PD
Outsourced 69,200
Greenville, SC PD/Fire Outsourced CryWolf Replacement
67,737
Lorain, OH PD
Outsourced 63,841
Montebello, CA PD
Outsourced 63,192
National City, CA PD
Outsourced 61,121
Gardena, CA PD Outsourced AlarmTrak Replacement
60,048
San Rafael, CA PD
Outsourced 59,070
Sarasota, FL PD
Outsourced CryWolf Replacement
57,021
Novato, CA PD
Outsourced 55,642
Cathedral City, CA PD
Outsourced 54,056
Placentia, CA PD
Outsourced PM AM Replacement
52,157
Cypress, CA PD
Outsourced 49,000
Covina, CA PD
Outsourced PM AM Replacement
48,000
Palm Springs, CA PD
Outsourced 47,689
San Luis Obispo, CA PD
Outsourced PM AM Replacement
47,402
Morgan Hill, CA
PD/Fire Outsourced Phoenix Group Replacement 45,037
Culver City, CA PD
Outsourced 39,364
Oregon City, OR PD
Outsourced PMAM Replacement
37,500
Manhattan Beach, CA PD Outsourced 35,500
Pleasant Hill, CA PD
Outsourced CryWolf Replacement
34,987
Summit County, CO Sheriff/911 Outsourced CryWolf Replacement West Linn, OR PD
Outsourced PM AM Replacement
31,0235
27,600
COST PROPOSAL
236
Cost Proposal — Revenue Share
Placentia
APS Notes
81% 19% Revenue Share
The proposed Revenue Split will be based on total permit fees, renewal fees, false alarm fees, and any late or reinstatement fees billed & collected by APS from alarm users or alarm companies.
All postage expense (first class postage and materials), banking fees, and credit card processing fees incurred in administering the program will be paid by the gross revenues of the program prior to the revenue share being calculated. These cost items will be itemized on each monthly reconciliation statement.
There are no additional fees - including start u
support, and training.
j, implementation, data conversion, administration, technical The APS platform is 100% cloud -based and will enable city administrators to log in an view all relevant program data in real time. It requires no introduction of software to the city's technology infrastructure.
Payment System
APS will reconcile, on the first day of each month, the previous month's deposits. Based on each monthly reconciliation, APS will invoice Placentia showing all revenues collected and invoices paid. Once the invoice is approved, an ACH request will be made, and the city's portion of the revenue shall be deposited to the city's designated bank within 10 days of city's approval of such invoice.
Copyright © 2024 Alarm Program Systems, LLC
237
4/
ACORO® CERTIFICATE OF LIABILITY INSURANCE
‘..------
DATE (MM/DD/YYYY)
11/14/2024
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 have ADDITIONAL INSURED provisions or 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
Newfront Insurance Services, LLC
450 Sansome Street
Suite 300
San Francisco CA 94111
CONTACT Shelly Flores
NAE:
PHO(A/C, No, Ext): (415) 754-3635 (AIC, No):
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Sentinel Insurance Company, Ltd.
11000
INSURED
Alarm Program Systems, LLC
CitySupport, LLC.
367 Civic Drive, Suite 10
Pleasant Hill CA 94523
INSURERB: Hartford Casualty Insurance Company
29424
INSURER c : Houston Casualty Company
42374
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
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.
INSR
TYPE OF INSURANCE
INSD DDL
NSD
SWUBR
VD
POLICY NUMBER
POLICY EFF
(MM/DDIYYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
GENERALCOMMERCIAL
X
57 SBA IC4905 SC
05/26/2024
05/26/2025
CLAIMS-MADE
u
A
OCCUR
PREMISESDAMAGE TO(Ea occur RETEence)
$ 1,000,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L
X
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO- JECT
PER:
LOC
GENERAL AGGREGATE
$ 4,000,000
PRODUCTS - COMP/OP AGG
$ 4,000,000
$
A
AUTOMOBILE
XHIRED
LIABILITY
ANY AUTO
OWNED
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X
57 SBA IC4905 SC
05/26/2024
05/26/2025
COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFIC R//MEMBEREXCLUDED?ECUTIVE
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N /A
57 WEC AE0DM5
10/11/2024
10/11/2025
XH
STATUTE
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
Cyber/E&O
H24TG31559-04
11/16/2024
11/16/2025
Each Occurrence:
Aggregate:
$1,000,000
$2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers are included as an additional insured as required by a written contract with respect to General Liability and Auto Liability. Primary and non-contributory basis with respect to General Liability if required by written contract.
CERTIFICATE HOLDER
CANCELLATION
City of Placentia, Its Elected and Appointed Boards,
Officers, Officials, Agents, Employees, and Volunteers
401E Chapman
Placentia CA 92870
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
`I
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
238
Policy Number: 57 SBA IC4905 SC
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(7)
(a)
Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the 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 loss, 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 insurance; 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
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance 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 limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" 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
b. In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision — Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Form SS 00 08 04 05 240
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2) "Bodily injury" or "property damage"
included in the "product -completed
operations" hazard.
7. Additional Insured — Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
(1) This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(g)
(i)
The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.
8. Additional Insured — Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured —
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" 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:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with "your work"
performed for that additional insured
and included within the "products -
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1)
The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
Radio;
Television;
Billboard;
Magazine;
Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".
5. "Bodily injury" means physical:
a.
b.
c.
Injury;
Sickness; or
Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
Form SS 00 08 04 05 242
Policy Number: 57 SBA IC4905 SC
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON -OWNED AUTO
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:
A. Amended Coverage:
Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non -owned auto".
B. Paragraph B. EXCLUSIONS is amended as
follows:
1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non -owned
auto".
2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employees"
not entitled to workers' compensation benefits
or to liability assumed by the "insured" under an
"insured contract".
3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
(3)
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the normal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".
Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and
Form SS 04 38 09 09
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission)
243
(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".
4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee's" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control.
C. With respect to "hired auto" and "non -owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:
The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don't own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "non -
owned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability
(3)
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.
D. With respect to the operation of a "hired auto" and
"non -owned auto", the following additional
conditions apply:
1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.
However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer's "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.
2. TWO OR MORE COVERAGE FORMS OR
POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.
E. The following definitions are added:
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:
1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),
244
or your "executive officers" or members of
their households.
This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.
2. "Non -owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer's "auto" that is in your care,
custody or control for service.
Form SS 04 38 09 09
Agenda Item No: 1.g
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: December 3, 2024
Submitted by: Gabriel Guerrero-Gabany
From: Public Works
Subject:
Approval of the Acquisition of Permanent and Temporary Construction Easements for the Golden Avenue Bridge Replacement Project
Financial Impact:
Fiscal Impact:
Expense: $ 9,250.00 Acquisition Costs
Available Budget: $ 21,474.01 Proposed Budget Resolution No. R-2024-80 (331801-6740) Summary:
Golden Avenue Bridge was constructed in 1934 and was rated as "functionally obsolete" by the California Department of Transportation (Caltrans) in 2005. Since 2015, the City has worked with an engineering design team to complete the final design package for a new bridge which was ultimately completed in December of 2019. At the same time, it was discovered that temporary construction and permanent easements for portions of the bridge footings were needed from private property owners on some of the adjacent properties. Staff reached out to all the affected property owners and in good faith negotiated and acquired all easements necessary for the construction of the new bridge. Subsequently, the City was awarded a Federal Earmark totaling $2.2 million towards the cost of the project. These funds are being routed through the Federal Highway Administration (FHWA). Unfortunately, such Federal funding triggers requirements that must be met to be able to properly utilize these funds. The City was notified by Caltrans that the methods for acquiring these easements did not follow FHWA regulations. Even though local funds were used to acquire the easements, Federal grant funds were used to design the project and if one single Federal dollar is used in any phase of a project then the entire project is subject to Federal regulations.
Epic Land Services (ELS), a Caltrans-certified real property agent well -versed in Federal and State funding requirements, has since gone through the appraisal process and prepared offer packages for each of the affected properties to secure these easements. The total acquisition cost for all four (4) properties would total $7,400. Once granted authority by Council, the City Administrator would be able to make the offers to the property owners and negotiate up to a maximum of 25% above fair market value for a potential maximum acquisition cost of $9,250.
The Acting City Administrator would also have authority to execute all documents included in the offer packages. Acquiring these easements are necessary to submit the right-of-way certification to Caltrans thereby obtaining approval to release the project plans and specifications for construction.
246
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve Resolution No. R-2024-80, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2024-25 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
2. Approve Resolution Nos. R-2024-82 thru R-2024-85, Resolutions of the City Council of the City of Placentia, California Authorizing the Appraisals, Fixing the Amounts of Just Compensation and Authorizing Offers to affected property owners; and
3. Accept the temporary and permanent construction easements; and
4. Approve the Just Compensation recommendations for each of the subject properties; and
5. Authorize Staff to sign the Just Compensation Recommendation; and
6. Authorize the Acting City Administrator to make offers to the subject property owners for the acquisition of both temporary and permanent construction easements; and
7. Authorize the Acting City Administrator to modify offers up to twenty-five percent (25%) of the original appraisal amount; and
8. Authorize the Acting City Administrator to enter into a purchase and sale agreement with the subject property owners, in a form approved by the City Attorney; and
9. Authorize the Acting City Administrator to execute escrow documents related to the acquisition of said easements; and
10. Authorize the Acting City Administrator to proceed with payments for purchasing these easements and sign the Certificate of Acceptance for these Easements on behalf of the City; and
11. Direct the City Clerk to record the Easements with the Orange County Clerk -Recorder's Office.
Strategic Plan Statement:
This item conforms to Strategic Plan Goal 5, Implement Public Infrastructure to Meet Community Needs.
Discussion:
Golden Avenue Bridge was constructed in 1934 and was rated as "functionally obsolete" by Caltrans in 2005. Since 2015, the City has worked with an engineering design team to complete the final design package for a new bridge which was ultimately completed in December of 2019. At the same time, it was discovered that temporary construction and permanent easements for portions of the bridge footings were needed from private property owners on some of the adjacent properties. Staff reached out to all the affected property owners and in good faith negotiated and acquired all easements necessary for the construction of the new bridge. Subsequently, the City was awarded a Federal Earmark totaling $2.2 million towards the cost of the project. These funds are being routed through the FHWA. Unfortunately, such Federal funding triggers requirements that must be met to be able to properly utilize these funds. The City was notified by Caltrans that the methods for acquiring these easements did not follow FHWA regulations. Even though local funds were used to acquire the easements, Federal grant funds were used to design the project and if one single Federal dollar is used in any phase of a project then the entire project is subject to Federal regulations.
247
On May 17th, 2023, the City signed an agreement with ELS to assist with the corrective actions, following all Federal and State guidelines. ELS is a Caltrans-certified real property agent well -versed in FHWA requirements who has assisted the City with all the necessary tasks related to the easement acquisition, including preparation of quitclaim deeds, appraisals and negotiations for new easements and acquisition services. All work has been coordinated through Caltrans and in compliance with FHWA regulations.
ELS has since prepared offer packages for each of the affected properties which include the following documents:
• Offer Letter
• Agreement of Purchase and Sale and Joint Escrow Instructions • Easement Deed and Legal Description and Plat
• Temporary Construction Easement Deed and Legal Description and Plat • Summary Statement Relating to the Purchase of Real Property or an Interest Therein • Appraisal Report
• Litigation Guarantee
• Your Rights Under Title VI Brochure
• Acquisition Handbook
• W-9 Request for Taxpayer ID
• Just Compensation Package
Following the appraisal process required by Caltrans, ELS has determined that the following are fair market values for the subject properties:
APN
OWNER
NAME
PERMANENT
EASEMENT
AREA
TEMPORARY
CONSTRUCTION
EASEMENT
AREA
APPRAISAL
VALUE
OFFER
VALUE
336-371-36
Paramount
258 SF
13,015 SF
nominal - $500
nominal -
$1,000
334-021-15
Villena
Association
32 SF
2,387 SF
$3,300
$3,300
334-011-36
Aburto
499 SF
1,337 SF
nominal - $2,100
nominal -
$2,100
334-011-35
Gaddis
13 SF
141 SF
nominal - $1,000
nominal -
$1,000
The total acquisition cost for all four (4) properties would total $7,400. Once granted authority by Council the City Administrator would be able to make the offers to the property owner and negotiate up to a maximum of 25% above fair market value for a potential maximum acquisition cost of $9,250. The City Administrator would also have authority to execute all documents included in the offer packages. Acquiring these easements are necessary to submit the right-of-way certification to Caltrans thereby obtaining approval to release the project plans and specifications for construction.
Fiscal Impact Summary:
The recommended actions will authorize Staff to make offers for a not to exceed amount of 248
$9,250 needed for the acquisition of temporary and permanent construction easements. In 2022, the City received a Federal Earmark of $2.2 million for the project. This earmark can only be used for the construction phase of the project. To provide sufficient funding for the acquisition of the easements, right-of-way certification and final design of the project, Staff is also recommending approval of Budget Resolution No. R-2024-80 (Attachment 5) to appropriate $21,474.01 in project savings from the City Hall Administrative Office Area Improvement Project.
Attachments
Attachment _1_ Offer _Package_-_Aburto APN_334-011-36_.pdf Attachment_2_Offer_Package_-_Gaddis APN_334-011-35_.pdf Attachment 3 Offer Package - Paramount (APN 336-371-36).pdf Attachment 4 Offer Package - Villena (APN 334-021-15).pdf Attachment 5 - Budget Amendment Resolution No. R-2024-80 - Golden Avenue Bridge Replacement Project.pdf
Attachment 6 Resolution R-2024-82 Approving Appraisal_Aburto.pdf Attachment 7 Resolution R-2024-83 Approving Appraisal_Gaddis.pdf Attachment 8 Resolution R-2024-84 Approving Appraisal_Paramount.pdf Attachment 9 Resolution R-2024-85 Approving Appraisal_Villena.pdf 249
Federal Aid Project # BRL-5269(025)
CITY OF PLACENTIA
GOLDEN AVENUE BRIDGE REPLACEMENT PROJECT
APN: 334-011-36
ACKNOWLEDGEMENT OF RECEIPT OF OFFER PACKAGE
This is to acknowledge receipt of the offer package covering the real property identified as APN(s): 334-011-36.
Upon receipt, please sign below and return to Christine Wasfi at [email protected].
Acknowledgment of Receipt does not constitute acceptance of the offer to purchase.
The offer package received contained the following items:
1. Offer Letter
2. Agreement of Purchase and Sale and Joint Escrow Instructions
3. Easement Deed and Legal Description and Plat
4. Temporary Construction Easement Deed and Legal Description and Plat
5. Summary Statement Relating to the Purchase of Real Property or an Interest Therein
6. Appraisal Report
7. Litigation Guarantee
8. Your Rights Under Title VI Brochure
9. Acquisition Handbook
10. W-9 Request for Taxpayer ID
Recipient Name (please print)
Recipient Signature Date
( ) ( )
Phone
Best time to call:
Cell E -Mail (optional)
The mailing address is correct as sent/ received
Please update the mailing address as follows:
250
f
EPIC
Land Solutions, Inc.
Inland Empire Regional Office
3850 Vine Street, Suite 200
Riverside, CA 92507
(310) 626-4848
epicland.com
Project
APNs
Interest Appraised
Date of Value
Appraised Value
Just Compensation Recommendation
Golden Avenue Bridge Replacement Project
334-011-36
498.95 SF, Permanent Easement Interest
1,337.01 SF, Temporary Construction Easement Interest
April 2, 2024
$2,100.00
In accordance with the acquisition of the subject property, the following actions have been undertaken in conformity with 49 CFR Part 24 "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs" and Caltrans Right of Way Procedures Manual:
1. Performed a fee appraisal to ascertain Fair Market Value prepared by Valbridge Property Advisors.
2. A formal review of the appraisal was prepared by CBRE, Valuation & Advisory Services to certify the appraisal of Fair Market Value.
49 CFR Part 24, Subpart B Section 24.102(d) states that before the initiation of negotiations, the Agency shall establish an amount which it believes is Just Compensation for the real property. The amount shall not be less than the approved appraisal of the Fair Market Value of the property, taking into account the value of allowable damages or benefits to any remaining property.
An Agency official must establish the amount believed to be just compensation. Promptly thereafter, the Agency shall make a written offer to the owner to acquire the property for the full amount believed to be Just Compensation. Fair Market Value as per California Code of Civil Procedure section 1263.320 is defined as the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
We hereby recommend that the value of $2,100.00 (Two Thousand One Hundred Dollars and No Cents), based upon the fee appraisal prepared by Valbridge Property Advisors to be determined to be the probable amount of Just Compensation by the City of Placentia.
Recommended forApproval:
Date: November 4, 2024
Iceliehet
By: Tyler Kelleher
Project Manager
Epic Land Solutions, Inc.
Creating Land Solutions for the Public Good
251
The People are the City
Mayor
JEREMY B. YAMAGUCHI
Mayor Pro Tem
KEVIN KIRWIN
Councihnenthers:
RHONDA SHADER
WARD L. SMITH
CHAD P. WANKE
401 East Chapman Avenue - Placentia. California 92870
CITY OF PLACENTIA
Just Compensation Approval
Cny Cierk:
ROBERT S. MCKINNELL
Ciry Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
Based upon (1) the Fee Appraisal dated October 21, 2024, prepared by Valbridge Property Advisors (2) Appraisal Review dated October 31, 2024, prepared by CBRE, Valuation & Advisory Services; and (3) Authority staff recommendation, the amount of just compensation for the purchase of Assessor Parcel No. 334-011-36 is set at $2,100.00 (Two Thousand One Hundred Dollars and No Cents).
City of Placentia
Date:
By:
Name:
Title:
252
The People are the City
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
401 East Chapman Avenue - Placentia, California 92870
November 21, 2024
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
Hand Delivered or Sent Via Certified USPS Mail
John Aburto
4011 Winterhaven St
Yorba Linda, CA 92886
RE: Offer to Purchase Real Property Pursuant to Government Code §§ 7267.1 and 7267.2(a) City of Placentia — Golden Avenue Bridge Replacement Project Site Address: 4011 Winterhaven St Yorba Linda, CA 92886 Assessor's Parcel Number: 334-011-36
Federal Aid Project #BRL-5269(025)
Dear Property Owner:
The City of Placentia ("City") is proposing the Golden Avenue Bridge Replacement Project ("Project") which is a federally funded project. The existing Golden Avenue Bridge was constructed in 1934 and was rated functionally obsolete by Caltrans in 2005. The City subsequently obtained a grant to replace this bridge and has been developing the engineered plans and construction specifications to construct a new replacement bridge. The new bridge will accommodate one lane of traffic in either direction as well as new sidewalks and bike lanes. Currently, the bridge is only wide enough to accommodate one vehicle in each direction which means pedestrians, bicyclists and motorists must all share the road at the same time.
The Proposed Project will require the acquisition of (1) an approximate 498.95 square foot permanent easement ("Subject Easement") and (2) an approximate 1,337.01 square foot temporary construction easement with a term of 24 months ("TCE") over portions of the above -referenced parcel located at 4011 Winterhaven Street and identified as Orange County Tax Assessor's Parcel Number 334-011-36 ("Larger Parcel"). The Subject Easement is described more particularly in the Exhibits to the Easement Deed enclosed with this offer letter. The TCE is described more particularly in the Exhibits to the Grant of Temporary Construction Easement enclosed with this offer letter. The Subject Easement and the TCE required for the Proposed Project are referred to below collectively as the "Subject Property Interests".
1. Offer. Subject to, and upon the terms and conditions set forth below, the City offers to purchase the Subject Property Interests in connection with the Project. California law requires that, before making an offer to purchase the Subject Property Interests for the Proposed Project, the City must (1) obtain an independent appraisal to determine the fair market value of the Subject Property Interests, (2) establish an amount which it believes to be just compensation for the Subject Property Interests, and (3) make an offer to the owner(s) for an amount not less than the just compensation so determined. Accordingly, the City recently had the Larger Parcel and the Subject 253
2 Property Interests appraised to determine the fair market value of the Subject Property Interests, as defined in California Code of Civil Procedure section 1263.320. Pursuant to Government Code Section 7267.1, the owner had the opportunity to accompany the appraiser during their inspection. The City obtained an appraisal for the fair market value of the Subject Property Interests prepared by John Penner, a California Certified Real Estate Appraiser of Valbridge Property Advisors ("Appraisal Report") that used a date of value of April 2, 2024 ("Date of Value").Rick Donahue, MAI, a Certified California General Appraiser of CBRE — Valuation & Advisory Services prepared an appraisal review dated October 31, 2024 ("Review Appraisal"). Rick Donahue found that the Appraisal Report complies with USPAP requirements and applicable State of California and Federal regulations.
It is the policy of the City to acquire property that is in private ownership only when it is necessary to do so, and through voluntary purchase if possible. In accordance with applicable law, the City has reviewed and approved the appraisal of the fair market cash value of the Subject Property Interests. Pursuant to Government Code Section 7267.2, the City has enclosed for your reference an informational City of Placentia Acquisition Handbook providing an overview of the eminent domain process and of your rights.
We hope this is helpful for understanding your rights. While the City has the power of eminent domain, condemnation has not been authorized with respect to your property as of this date and no decision has yet been made to use the power of eminent domain to acquire the interests in your property.
Further, because the City plans to use the Subject Property Interests for the Proposed Project as soon as the City acquires the necessary property interests needed for the Proposed Project, the City does not intend to offer a leaseback agreement for the Subject Property Interests pursuant to Code of Civil Procedure section 1263.615.
2. Purchase Price. The City hereby offers to purchase the Subject Property Interests for Two Thousand One Hundred Dollars and No Cents ($2,100.00) ("Purchase Price"). The Purchase Price represents at least the full amount the City believes to be just compensation for the acquisition of the Subject Property Interests as of the Date of Value. It is not less than the approved appraisal of the Subject Property Interests on the Date of Value and does not include any increase or decrease in value of the Subject Property Interests caused by the Proposed Project for which the City seeks to acquire the Subject Property Interests. The Purchase Price also does not reflect any relocation assistance, benefits, or payments, if any, that you may be entitled to receive. This amount also does not include any compensation for loss of goodwill. The requirements for establishing goodwill loss are set forth in California Code of Civil Procedure section 1263.510, a copy of which is attached to this letter.
3. Basis for Offer. The enclosed Appraisal Report, which is incorporated herein by this reference, provides the basis for the amount established by the City as just compensation. The Appraisal Report takes into consideration the highest and best use of the Larger Parcel, the location, zoning, the condition and size of any improvements on the Larger Parcel and the Subject Property Interests, the Date of Value, severance damages, and other factors that affect fair market value as required by the Government Code.
The appraiser determined that the total fair market value of the Subject Property Interests is $2,100.00, consisting of $1,600.00 for the Subject Easement and $500.00 for the use of the TCE.
4. Conditions of Offer. The offer is subject to, and conditioned upon the acceptance of the terms of the Agreement for Purchase and Sale enclosed with this offer letter.
5. Offer to Pay Reasonable Costs of an Independent Appraisal Pursuant to Code of Civil Procedure Section 1263.025. If you wish to obtain an independent appraisal of the Subject Property Interests, in accordance with California Code of Civil Procedure section 1263.025(a), the City hereby offers to 254
3 reimburse you for the reasonable costs, not to exceed $5,000.00 (Five Thousand Dollars), of such an independent appraisal. Any independent appraisal must be conducted by an appraiser licensed by the California Bureau of Real Estate Appraisers. Please notify your assigned Epic Land Solution, Inc.
Acquisition Agent ("Epic Acquisition Agent"), Christine Wasfi within 30 days of the date of this offer letter if you wish to obtain an independent appraisal of the Subject Property Interests. The City is not obligated to accept your appraiser's value of the Property Interests. The City, however, will review your appraisal and if appropriate, confer with the City's independent appraiser regarding the merits of your appraisal.
6. Acceptance of Offer and Execution of Purchase and Sale Agreement. If the above offer is acceptable, please sign and return the following documents to Christine Wasfi, Epic Acquisition Agent in the enclosed envelope:
(a) The Agreement for Purchase and Sale and Joint Escrow Instructions.
The other materials (Appraisal Report, Title Report, Brochures etc.) are included for your information and files and do not need to be returned.
7. Admissibility of Offer. If for any reason you reject the City's offer, please be advised that this offer letter and enclosures are made under the provisions of California Evidence Code sections 1152 and 1154, and shall not be admissible in any eminent domain proceeding, or any other action for any purpose prohibited under these sections. However, while the City has the power of eminent domain, condemnation has not been authorized with respect to your property as of this date and no decision has yet been made to use the power of eminent domain to acquire the interests in your property.
If you have any questions regarding the Proposed Project, this offer, the Agreement for Purchase and Sale, or the acquisition process, please feel free to contact Christine Wasfi, Epic Acquisition Agent at (951) 405- 4645 or email [email protected].
Sincerely,
Rosanna Ramirez
City of Placentia
Enclosures: Acknowledgment of Receipt of Offer Package
Copy of California Code of Civil Procedure section 1263.510 Agreement for Purchase and Sale and Joint Escrow Instructions Easement Deed, Legal Description and Plat Map
Grant of Temporary Construction Easement, Legal Description and Plat Map Appraisal Report
Litigation Guarantee
Your Rights under Title VI Brochure
City of Placentia Acquisition Handbook
W-9 Request For Taxpayer ID
255
4 CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 1263.510
(a) The owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves all of the following:
(1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code.
(4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner.
(b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. (c) If the public entity and the owner enter into a leaseback agreement pursuant to Section 1263.615, the following shall apply:
(1) No additional goodwill shall accrue during the lease. (2) The entering of a leaseback agreement shall not be a factor in determining goodwill. Any liability for goodwill shall be established and paid at the time of acquisition of the property by eminent domain or subsequent to notice that the property may be taken by eminent domain. (Amended by Stats. 2006, Ch. 602, Sec. 2. Effective January 1, 2007.) 256
AGREEMENT FOR PURCHASE AND SALE AND
JOINT ESCROW INSTRUCTIONS
Federal Aid Project # BRL-5269(025)
Aburto
APN 334-011-36
Gabriel John Aburto, A Married Man, as Sole and Separate Property (hereinafter, "Grantor"), owns the real property located a 4011 Winterhaven Street, Yorba Linda, CA in the County of Orange, Assessor Parcel Number 334-011-36 (the "Property"). City of Placentia (the "City") requires a temporary construction easement in a portion of the Property for the Golden Avenue Bridge Replacement Project (the "Project").
A Permanent Easement Deed in a form substantially similar to Exhibit "1", and a Temporary Construction Easement Deed to the City in a form substantially similar to Exhibit "2" hereto, covering the property interests as described and depicted in the exhibits attached thereto (collectively the "Property Interests"), will be executed during the escrow to be opened for this transaction.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement ("Agreement"). The performance of this Agreement constitutes the entire consideration and shall relieve the City of all further obligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement.
(B) The City requires said Property Interests described in Exhibit "1" and Exhibit "2" for the Project, a public use for which the City has the authority to exercise the power of eminent domain.
(C) Both Grantor and the City recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interests by eminent domain litigation. The compensation set forth herein for the Property Interests is in compromise and settlement, in lieu of such litigation.
(D) It is agreed that the City may open an escrow in accordance with this Agreement at Commonwealth Land Title Company or another selected escrow company ("Escrow Agent"), Escrow No. to be determined. This Agreement constitutes the joint escrow instructions of CITY and Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within thirty (30) days following the opening of escrow. The Parties hereto agree to do all acts reasonably necessary to close this escrow in the shortest possible time.
(E) Grantor agrees to deposit with Escrow Agent prior to the Close of Escrow (defined below) the original, fully executed and acknowledged Easement Grant Deed and Temporary Construction Easement Deed and any other customary agreements, consents, or documents reasonably necessary to effectuate the purchase of the Subject Property, including Lender's written approval of Grantor's entering this Agreement if necessary. City agrees to deposit the 257
following with Escrow Agent prior to the Close of Escrow: (1) the full amount of compensation, and (2) a certificate of acceptance.
(F) All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account.
(G) The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3
(H) Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
(I)
Pay and charge Grantor, upon Grantor's written approval, for any amount necessary to place title in the condition necessary to satisfy the express terms of this Agreement, excluding any penalty for prepayment to any lienholder in compliance with 1265.240 of the Eminent Domain Law;
(J) Pay and charge City for any escrow fees, charges, and costs payable required for the Close of Escrow;
(K) Disburse funds and deliver the Easement Deeds when conditions of this escrow have been fulfilled by City and Grantor.
The term "Close of Escrow", where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the Orange County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the Parties hereto. Any amendment of, or supplement to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS, AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If this escrow is not in condition to close within 210 days from opening of escrow, either Party who then shall have fully complied with its obligations may, in writing, demand the return of its money or property; but if neither Party has complied, no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such demand to all Parties at the respective addresses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing of this escrow as soon as possible. 258
2. (A) The City shall pay the undersigned Grantor the sum of TWO THOUSAND ONE HUNDRED DOLLARS and NO CENTS ($2,100.00) for the Property Interests conveyed by Exhibit "1" and Exhibit "2" when title to said Property Interests vests in the City free and clear of all liens, deeds of trusts, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except:
Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow.
ii. Covenants, conditions, restrictions and reservations of record as contained in the title report (Commonwealth Land Title Company order number 92020645).
Easements or rights -of -way over said land for public or quasi -public utility or public street purposes, if any.
(B) The City shall pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by the City, the premium charged therefore. Due to the City's status as a public agency, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary tax will be payable (pursuant to Revenue & Taxation Code Section 11922).
(C) The City shall have the authority to deduct and pay from the amount shown on Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non -delinquent assessments which have become a lien at the close of escrow.
3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the sole and lawful owner of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against the City, the County of Orange and the State of California, Department of Transportation (hereinafter "Releasees") by reason of the Project and/or acquisition of the Property Interest, including, but not limited to, any and all rights or claims that Grantor had, currently has, or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasees and any and all of Releasees' employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the following: pre -condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, curative costs, landscaping, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property Interest, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant 259
to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs. Grantor further consents to the dismissal of any Eminent Domain proceeding that is filed pertaining to the Property Interests and further waives all attorney's fees, costs, claims to money on deposit, disbursements and expenses in connection with the dismissal of said proceeding.
4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property Interests, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein:
(A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California, which provides:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
(B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice.
5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust.
6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property Interests. Grantor will defend and indemnify the City, its successors and/or assigns if it turns out that a claim is made or legal action is filed against the City, its successors and/or assigns by someone claiming a legal interest in or right to the Property, or any portion thereof. Grantor represents and warrants it will defend and indemnify the City, its successors and/or assigns in the amount of any due and unpaid real property taxes, assessments, liens and any penalties and delinquencies on the Property. Grantor represents and warrants that it has made no assignment of any interest in the Property.
7. Grantor acknowledges that there are no tenants on the Property. Grantor agrees to hold the City harmless and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. 260
8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of improvements, including but not limited to: None.
9. It is understood and agreed by and between the parties hereto that the following improvements within the Property Interests will be protected in place: None.
10. The City may provide Grantor with thirty (30) day advance notice by the City or the City's contractor prior to the commencement of construction activities on the Property Interests. Prior to the commencement of the City's construction activities on the Property Interests, Grantor agrees to hold harmless, defend and indemnify the City, its officers, directors, employees and agents against any and all claims including property damage or injuries resulting from the use of the area within the Property Interests by Grantor and/or Grantor's guests, invitees, or any other person. The City shall not be deemed to have control of the Property Interests nor duty to maintain the Property Interests in a safe condition prior to the time the City or the City's contractor commences construction activities on the Property Interest.
Grantor agrees to name the City as an additional insured under its current insurance policy. Grantor further agrees to notify the City in writing within thirty (30) days of any potential claim relating to the area within the Property Interests prior to commencement of construction activities on the Property Interest.
11. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property Interests by the City, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Clause 2(A) above are deposited into the escrow controlling this transaction and terminating twenty-four (24) months thereafter ("TCE Term"). Upon the deposit and determination of commencement date, Exhibit "2", shall be updated to reflect the commencement and termination date of the TCE. The amount shown in Clause 2(A) above includes, but is not limited to, full payment for such possession and use, including damages, if any, for the TCE Term. The TCE may also be terminated prior to the expiration of the TCE Term by the City upon written notice to the Grantor.
12. PERMISSION TO ENTER ON PREMISES. Grantor hereby grants to City, or its authorized agents, permission to enter upon the subject Property Interests at all reasonable times prior to Close of Escrow for the purpose of making necessary or appropriate inspections. City agrees that City and its contractors will indemnify Grantor and its related individuals and entities and hold them harmless from any and all liability for bodily injury, death, and property damage arising out of or in any way connected with City's negligent acts or omissions while on the Property Interests and reimburse the Grantor and related parties for all costs, expenses and loss, including attorney's fees, incurred by them in consequence of any claims, demands, and causes of action that may be made or brought against them arising out of such use. Any such inspections shall be conducted at a time and in such a manner reasonably approved by Grantor and to minimize disruption or interference Grantor or Grantor's tenants. Grantor shall have the right to be present at any such inspections.
13. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages which have accrued or may accrue to Grantor's remaining property by reason of its severance from 261
the Property Interests conveyed herein and the construction and use of the proposed Project, including, but not limited to, any expense which Grantor may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction.
14. It is agreed between the parties hereto that the City is not assuming responsibility for payment or subsequent cancellation of unpaid assessments on the Property Interests acquired under this transaction. Said assessments include but are not limited to any assessments listed in the litigation guarantee (First American Title order number 7015733). The grantor acknowledges that it has received and reviewed the Litigation Guarantee. The assessments remain the obligation of Grantor. Payment for the Property Interests acquired under this transaction is made upon the basis that the Grantor retains its obligation to the levying body respecting said assessments. The Property Interests acquired under this transaction is to be free and clear of any liens, bonds and/or assessments at the close of escrow.
15. Grantor agrees to keep the TCE area free and clear of all materials, shrubbery, crops, improvements, personal property, and debris after the opening of escrow. Grantor agrees that any materials, shrubbery, crops, improvements, personal property and debris within the temporary construction easement area that remains after the City takes actual/physical possession of the TCE area may be removed by the City and/or its contractor. Grantor further agrees that the cost of removal of any materials, shrubbery, crops, improvements, personal property, or debris that are installed after the City takes actual/physical possession shall be the sole responsibility of Grantor.
16. Any notice either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses:
To Grantors:
John Aburto
4011 Winterhaven Street
Yorba Linda, CA 92886
To City of Placentia:
401 E. Chapman Avenue
Placentia, CA 92870
Attn: Public Works
17. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees. The City may freely assign any or all of its interests or rights under this Agreement.
18. Grantor represents and warrants that during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. Grantor further represents and warrants that Grantor has/have no knowledge of any disposal, release, or threatened release of hazardous 262
substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property.
The acquisition price of the Property Interests being acquired in this transaction reflects the full and complete settlement of the Property Interests without the presence of contamination. If the Property Interests being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor.
19. It is understood and agreed that the fully executed Permanent Easement Deed and Temporary Construction Easement Deed may be recorded in the Recorder's Office for the County of Orange.
20. The City reserves the right to cancel escrow and terminate this Agreement if at any time the City determines that the Property Interests is no longer needed for the Project.
21. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby.
22. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
23. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement.
24. This Agreement may be executed in counterparts, including by facsimile and/or e-mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.
25. The Parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 28 C.F.R Section 50.3.
26. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement.
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SIGNATURE PAGE FOLLOWS
263
In Witness Whereof the Parties vested have executed this Agreement the day and year set forth below.
Gabriel John Aburto, A Married Man, as Sole and
Separate Property
By:
Name:
Date:
APPROVED AS TO FORM:
By:
Attorney for City of Placentia
CITY OF PLACENTIA
By:
Name:
Title:
Date:
264
Exhibit "1"
Permanent Easement Deed
[APN: 334-011-36]
265
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
City of Placentia
Attn: Right of Way
401 E Chapman Avenue
Placentia, CA 92870
GOLDEN AVENUE BRIDGE PROJECT
FEDERAL AID PROJECT # BRL-5269(025)
EXEMPT FROM RECORDING FEES PER GOVT. CODE §27383
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. &
TAX CODE §11922
On Portion of APN: 334-011-36 Space above this line for Recorder's use
EASEMENT DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gabriel John Aburto, A Married Man, as Sole and Separate Property ("Grantor") hereby grants to the CITY OF PLACENTIA ("Grantee"), and its successors and assigns, for public street, public utilities purposes, and construction, a right-of-way easement in, over, under, upon, and across all that real property situated in the City of Placentia, County of Orange, State of California, more particularly described in the legal description attached hereto as Exhibit "A" and depicted or illustrated on the map attached hereto as Exhibit "B". Exhibit "A" and Exhibit "B" are attached hereto and incorporated herein by this reference.
Grantor expressly grants the City of Placentia the right to assign this easement.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below.
Dated: GRANTOR:
Gabriel John Aburto, A Married Man, as Sole
and Separate Property
By:
Its:
Name:
266
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary
Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (SEAL)
267
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the permanent easement more particularly described in Exhibit "A" and Exhibit "B" to the attached Easement Deed to the undersigned City of Placentia ("City"), the provisions of which instrument are incorporated by this reference as though fully set forth in this certificate, is hereby accepted by the undersigned officer/agent on behalf of the City Council, and the Grantee consents to recordation thereof by its duly authorized officer.
APN: 334-011-36
By:
Name:
City of Placentia
Dated:
268
EXHIBIT "A"
Legal Description — Permanent Construction Easement