CITY OF RICHMOND
STANDARD CONTRACT
Department: Police Project Manager: Lieutenant Tracy Mollenbernd Project Manager E-mail: Project Manager Phone No:
[email protected] (510) 621-1536
PR No: Vendor No: 12095 P.O./Contract No: 5596
Description of Services:
Rotational Tow and Automotive Services
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the "City") and the following named Contractor:
Checker's Group, Inc.
Company Name: dba: Checker's Towing
Street Address: P.O. Box 1145
City, State, Zip Code: El Cerrito, CA 94530
Contact Person: Simer P. Singh
Telephone: (510) 235-7000 Email: [email protected]
Business License No: 4005-1642 / Expiration Date: 3-15-2022 A California corporation, L limited liability corporation general partnership, [ ] limited partnership, L] individual, L non-profit corporation, _ individual dba as [specify:]
other [specify:]
2. Term. The effective date of this Contract is January 1, 2021 and it terminates December 31, 2023 unless terminated as provided herein.
Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 45,000 • City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
Checker's Group, Inc.
or that dha: Checker's Towina
(* The Corporation Chairperson of the Board,
President or Vice President should sign below
Title: By: SimERP. SiNGH 55h
I hereby certify that this Contract Title: PREs
has been approved by City Council.
Date Signed: 5/12/2021
or Pale Chast:
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as tp form
By: SimER P. SiNGH
Title:_ PRES
Date Signed: 5/12/2021
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
Checker's Group, Inc.
dba: Checker's Towing #
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Police Department , perform the following services and be compensated as outlined below:
Provide rotational tow and automotive services per the attached 2019-2023 City of Richmond Service Agreement.
2019 - 2023
CITY OF RICHMOND
Service Agreement
TOW SERVICE AGREEMENT
I. GENERAL DEFINITIONS, CONDITIONS AND TERMS
A. This Tow Services Agreement (hereinafter "AGREEMENT") contains terms and conditions that all contracting tow companies shall comply with in order to be part of the City of Richmond's Police Department rotational tow program ("ROTATION TOW LIST").
B. No tow company ("TOW OPERATOR") shall be placed or retained on the ROTATION TOW LIST unless the tow company has a valid contract with the City of Richmond ("CITY"). The Richmond Police Department ("RPD") Officer, Parking Enforcement Representative, RPD Cadet or Code Enforcement Officer ("REQUESTING OFFICER") on scene shall direct all towing service requests and has the sole discretion, in conformity with RPD tow policy, to call for and/or cancel tows.
The CITY'S Chief of Police is hereby designated as the Administrator for the AGREEMENT. The Chief of Police or his/her designee shall supervise the progress and execution of this AGREEMENT through the term of the AGREEMENT.
Ta OPERATOR hereby names and designates SiNGH = Sis. as its agent/representative ("AGENT") having sole responsibility for the overall responsibility for the performance of the terms and conditions of this AGREEMENT. The designated AGENT is required to pass the limited background investigation as set forth below.
II. TERM OF AGREEMENT
A. This AGREEMENT shall not exceed thirty-six (36) months from the date of execution unless extended by written amendment executed by the CITY and TOW OPERATOR. In no event shall the total term of the AGREMENT exceed sixty (60) months.
B. The total annual amount payable by the CITY to the TOW OPERATOR under this AGREEMENT shall not exceed a total amount of FIFTEEN THOUSAND DOLLARS ($15,000), except by contract amendment.
ROTATION TOW LIST
A. Within the CITY, the RPD shall maintain the ROTATION TOW LIST for each class of tow truck to ensure equitable distribution of calls. 1 B. Nothing in this AGREEMENT shall prohibit an RPD supervisor from requesting a specific TOW OPERATOR when, in the supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the TOW OPERATOR next on the ROTATION TOW LIST.
In such an instance, the TOW OPERATOR who had been passed over shall be retained at the top of the ROTATION TOW LIST. Regardless of the class of tow truck utilized for the call, charges shall not be more than for the class of vehicle towed or serviced, except with vehicle recovery operations that require a larger class of tow truck.
More than one TOW OPERATOR may be dispatched to a location requiring multiple vehicle tows. Distribution of the vehicles to be towed shall be at the discretion of the REQUESTING OFFICER
E. A REQUESTING OFFICER may direct a TOW OPERATOR to move vehicles to clear a roadway or for emergency lifesaving operations. TOW OPERATOR shall provide such assistance as directed and there shall be no charge for this assistance.
The assistance provided shall not change the TOW OPERATOR'S place on the .
TOW ROTATION LIST.
F. The TOW OPERATOR shall participate in the Contra Costa County Victim Assistance Program, which will offer a 15% discount to crime victims that have met the requirements of the program. Payments made by Contra Costa County Victim Assistance Program will be made by check only. TOW OPERATOR shall agree to accept checks from the Contra Costa County Victim Assistance Program.
G. The tow operator shall waive the first 48 hours of vehicle storage fees for City of Richmond residents that are victims of crime or whose vehicle was towed as a result of being involved with a crime. Verification of crime victims will be verified by Richmond Police Department.
IV. CANCELLED TOW REQUESTS/FEES
A.
OPERATOR is placed back on top of the ROTATION TOW LIST.
B. A tow request may only be cancelled by the RPD Dispatcher or the REQUESTING OFFICER. The TOW OPERATOR does not have the
authorization to cancel calls for service. The REQUESTING OFFICER may cancel tows at their sole discretion and in conformity with Departmental Policy.
1. A RPD Dispatch call to a TOW OPERATOR shall constitute one turn or the list and that TOW OPERATOR shall be moved to the bottom of the ROTATION TOW LIST unless the TOW OPERATOR is cancelled while 2 in route and up to arrival at the tow location solely because the tow is no onger required. Displacement from the top of the ROTATION 10V IST shall also occur when the TOW OPERATOR fails to answer th phone, is unable to respond, is unable to perform the required service, efuses to respond or provide service, or is canceled due to excessiv esponse time. If the TOW OPERATOR is cancelled prior to and up t arrival at the scene, there shall be no charges. For the purpose of the AGREEMENT "arrival" is defined as the time the tow truck physically stops at the location and the tow truck's wheels are no longer moving. The REQUESTING OFFICER shall have the sole discretion to make the determination if the tow truck has arrived under the above definition The City shall not reimburse any tow company for any reimbursable tow services that are canceled while enroute and up to arrival to the tow location. Therefore, no fees or charges billed by the TOW OPERATOR, will be accepted or paid by the CITY, as this practice is considered "a cost of doing business" in the towing industry
V. DROP FEES
A. When a vehicle is being towed due to a parking violation and the vehicle owner or authorized driver returns to the vehicle after the tow truck's arrival but before the tow truck is in motion, he/she shall be informed of his/her right to have the vehicle released upon payment of a Drop Fee. The Drop Fee in this circumstance shall be one half (1/2) of cost of the AGREEMENT tow fee. The Drop Fee shall be paid at that time to the TOW OPERATOR with consent of the REQUESTING OFFICER. The Drop Fee release does not apply when the REQUESTING OFFICER is impounding the vehicle.
B. If the attachment process is complete and the tow truck is in motion, the vehicle owner or authorized driver shall pay the full AGREEMENT tow fee to the TOW OPERATOR, with consent of the REQUESTING OFFICER. The TOW OPERATOR is required to ensure that all tow truck drivers have the necessary equipment to accept Drop Fee payment by credit card and the necessary receipts for accepting cash payment.
VI. TOWING, RECOVERY, LOAD SALVAGE, IMPOUND SERVICES AND
STORAGE FACILITY
A. Services required to be provided under this AGREEMENT include the following:
Towing of vehicles from the REQUESTING OFFICER's location to the TOW OPERATOR's storage/impound facility or, upon direction of the REQUESTING OFFICER, to a designated dismantling facility.
3. The ability to conduct Vehicle Recovery Operations. Vehicle recovery operation means an operation requiring the up-righting of an overturned vehicle or returning a vehicle to a normal position on the roadway any may require the use of auxiliary equipment due to the size or location of the vehicle. This will generally be limited to operations requiring a Class B, C, or D tow truck.
The ability to conduct Load Salvage Operations. Load savage operation means any operation involving the recovery of a load which has been spilled, or the off-loading of a load from an overturned vehicle necessary to upright the vehicle.
TOW OPERATOR shall respond RPD calls 24 hours a day, 7-days a week and withia the maximum response times set herein. The TOW OPERATOR shall respond with the appropriate class tow truck required to tow the vehicle specified by the REQUESTING OFFICER. The TOW OPERATOR shall advise RPD Dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the TOW OPERATOR is unable to respond or will be delayed in responding, the TOW OPERATOR shall immediately notify the appropriate RPD Dispatch Center. The TOW OPERATOR shall not assign initial calls to any other TOW OPERATOR.
The maximum response times for RPD tows shall be as follows:
• For normal tow requests - 30 minutes;
• For "expedited" tow requests - 20 minutes;
• For "big rig" tow requests - 60 minutes.
6. A failure to respond and/or repeated failure to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this AGREEMENT.
7. When a TOW OPERATOR will be temporarily unavailable to provide services due to pre-planned or scheduled activity, e.g., vacation, maintenance, medical leave, etc., the TOW OPERATOR shall notify the RPD Dispatch supervisor at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.
Only the tow truck personnel and equipment requested shall respond to a RPD call. Additional tow truck personnel and equipment shall be at the approval of the RPD Watch Commander. This shall not preclude the TOW OPERATOR from responding to an incident to ascertain if additional assistance or equipment is requested. Jhere shall be no additional charge for any personnel or equipment that is not necessary to perform the required service.
4 TOW OPERATOR shall have a business office and storage facility located within the CITY or within three (3) miles of the CITY limits throughout the term of the AGREEMENT.
VIL. TOW TRUCK CLASSIFICATIONS
A. An operator shall equip and maintain tow trucks covered under this AGREEMENT in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the California Code of Regulations (Title 13), the specifications contained in this AGREEMENT, and in a manner consistent with industry standards and practices.
B. All tow trucks shall have recovery and wheel lift capabilities meeting the specifications contained in this AGREEMENT.
Class D tow trucks used exclusively for recovery operations are not required to possess wheel lift capabilities.
An operator who has a car carrier is exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit and shall not be used for recovery.
A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck will result in termination of AGREEMENT. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when towing.
Each Tow Operator must have at least three tow trucks capable of towing Class A, and at least one tow truck capable of towing Class B, Class C, or Class D at all times during the term of the AGREEMENT.
Class A-Light Duty
• TOW OPERATOR shall maintain a minimum of one tow truck which has a manufacturer's GVWR of at least 14,000 pounds.
• After June 30, 2006, Class A 4-wheel drive tow trucks with a GVWR of less than 14,000 pounds may be listed as special equipment on the CHP 234A, Rotation Tow Listing Application. These tow trucks shall be used only for recoveries requiring the use of 4-wheel drive.
Class B -Medium Duty
• TOW OPERATOR shall maintain a minimum of one tow truck with a GVWR of at least 26,001 pounds. The truck shall be equipped with air 5 brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.
Class C-Heavy Duty
• TOW OPERATOR shall maintain at least one three-axle tow truck with a GVWR of at least 48,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
Class D-Super Heavy
• TOW OPERATOR shall maintain at least one three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air VIII. TOW TRUCK DRIVERS
A. The TOW OPERATOR shall maintain a current list of drivers at all times.
The TOW OPERATOR shall provide a current list of drivers to the RPD upon implementation of this AGREEMENT. The TOW OPERATOR shall notify the RPD upon any change in driver status, including the addition of any new drivers, or the deletion of any drivers. An updated list shall be provided to the RPD within seven (7) calendar days of any change in driver status.
2. All drivers are required to complete and sign the Tow Operator/Driver Information Sheet. If a driver refuses to complete and sign the form, he/she shall not be permitted respond to calls from the TOW ROTATION LIST
3. TOW OPERATORS shall, as a minimum, maintain the following information for each employee:
• Full name
• Date of birth
• California driver's license number
• Copy of valid medical certificate (if required)
• Job title/description
• Current home address
• Current home phone number
• Types of truck the driver is trained, instructed, and qualified to operate.
B. All tow truck drivers shall obtain a Tow Driver Permit prior to responding to any RPD towing calls. The TOW OPERATOR is responsible for scheduling the required Livescan at the RPD for each of its drivers. The TOW OPERATOR 6 shall ensure that each of its drivers has applied for and obtained a Tow Driver Permit from RPD prior to allowing the driver to respond to any RPD tow request.
All tow truck drivers and TOW OPERATOR managers are required to successfully complete the CITY sponsored Customer Service Training program within 90-days of their employment with any TOW OPERATOR. The TOW OPERATOR shall pay the cost of the training to the CITY.
D. All tow truck drivers will be required to wear an approved "mechanic style" uniform including a shirt with the operator's name and company name embossed and will be required to maintain acceptable standards of dress and cleanliness while in the field.
All tow truck drivers engaged in performing their duties under the provisions of this AGREEEMT will take direction in performing such duties from the REQUESTING OFFICER at the scene.
IX. SERVICE REQUEST TYPES
A. In addition to light duty, medium duty and heavy duty tows, the TOW OPERATOR will be required to respond to the following types of tows commonly requested by the PD Tow Dispatcher:
Abandoned Vehicle Tow (private property tows): Any tow designated by the CITY as part of its abandoned vehicle abatement program, which must be taken to the contracted tow dismantler.
CITY Vehicle Tow: Any tow of a City-owned vehicle.
3. CITY Vehicle Road Service: A request for road service on a City owned vehicle, limited to tire changes, jump starts, lock outs, and winch outs.
Courtesy Tow: Requests to have a legally parked vehicle moved to another legal parking place for emergency purposes, at no charge to the citizen.
Motorcycle Tow: Request to tow a motorcycle not requiring use of a motorcycle trailer.
Scheduled Tow: A tow that is scheduled in advance and does not require a specific arrival time.
7. Tows that are assigned a DMV 462 form: All tows given a DMV 462 must be taken to the contracted salvage/dismantlers that have a valid contract with the CITY for such services.
7 X. CANCELLED TOW REQUESTS
A. Tows Gone On Arrival (GOA) - If a tow request vehicle is gone when the TOW OPERATOR arrives to perform a tow the REQUESTING OFFICER will be responsible for insuring that the TOW OPERATOR be placed back on top of the rotation tow list.
B. Cancelled Calls - A tow request may only be cancelled by the RPD Dispatcher or the REQUESTING OFFICER. The TOW OPERATOR or its employees do not have the authorization to cancel calls for service. The REQUESTING OFFICER may cancel tows at his or her sole discretion and in conformity with Departmenta Policy.
XI. BACKGROUND EXAMINATIONS
A. All persons performing or causing towing services to be performed pursuant to this AGREEMENT shall submit to a limited background examination and shall pay the required fees as established by City Council resolution. Each first-time tow driver applicant must undergo a live scan examination as part of the limited background process and pay the tow drivers permit fee as set in the Master Fee Schedule (currently $31). The CONTRACT ADMINISTRATOR may deny an application and may summarily revoke a previously approved tow driver permit when he or she determines, at his or her sole discretion, which said application or tow driver permit would be detrimental to the public health, safety and welfare. A temporary tow driver's permit to begin providing services on behalf of the TOW OPERATOR may be issued upon determination of the following:
The fees for the live scan exam (if required) and tow truck driver permit, as established by resolution of the City Council have been paid (cash or check required); currently $89.00 and subject to change.
The applicant has submitted a complete and truthful application, including photographs and all required evidence of identity and right to work in the United States. Incomplete applications or applications containing omissions or misrepresentations of any sort will be rejected. Applications will be deemed untruthful if they contain material omissions and material misstatements of fact.
Within the past seven (7) years, the applicant has not been convicted of a felony or any crime involving vehicles or vehicle parts; burglary, theft or stolen property; assault, battery or any similar violent crime; any criminal conviction under State Narcotic Law; any sex crime; any crime involving fraud or deceit; or any crime involving moral turpitude. 8 4. Within the past five (5) years, the applicant has not been convicted of any serious driving offense, including but not limited to driving under the influence of intoxicants, reckless driving, attempt to evade/elude a peace officer, or hit and run.
5. The applicant's Department of Motor Vehicles (DMV) driving record for the five- year period prior to the date of application does not contain more than:
• Five (5) traffic infractions or,
• Five (5) serious traffic violations, or
• Five (5) motor vehicle accidents which are required to be reported to the DMV, oF
• Greater than five (5) of any combination of infractions, serious traffic violations or motor vehicle accidents, as defined above.
The TOW OPERATOR shall be responsible for scheduling tow truck drivers for • their background check appointments and for ensuring that the drivers arrive on time, with all required documents and fees. The TOW OPERATOR may incur a billing deduction when any driver fails to arrive on time and/or is not adequately prepared.
The TOW OPERATOR must procure all permits and licenses, pay all charges and fees, and give all notices required by state and local law.
XII. RESPONSE TO REQUEST FOR SERVICE
A. The TOW OPERATOR shall respond to a minimum of eighty percent (80%) of all standard requests for service, and a minimum of eighty percent (80%) of all flatbed requests for service, over any given monthly billing period. A TOW OPERATOR cannot refuse response for vehicles that contain refuse, trash and debris.
B. It shall be the TOW OPERATOR responsibility to perform as follows:
1. Vehicle tows as requested by the RPD, including, but not limited to, ehicles impounded for evidence or taken into custody by the RPI ehicles involved in accidents or disabled for other causes (whe alternative towing is either not appropriate or not requested by the owner or operator of the vehicle), and vehicles which for other reasons are Remove debris from public streets resulting from accidents. Debris does not include personal property of the owner or operator of the vehicle.
Failure to remove accident debris will result in a $150.00 penalty to be deducted from the payment of the invoice.
•
9 Perform the necessary work preliminary to towing such as removal of vehicles from ditches, righting said vehicles, separating entangled vehicles, disconnecting drive shafts, and other such work in connection with the towing operations performed under the AGREEMENT.
4. Review the CHP 180 form and ensure that all damages and items located in the car have been noted by the REPORTING OFFICER and only then sign the CHP 180 form.
Clear the location specified in the originating dispatch sufficiently to restore normal traffic movement. In the event that the TOW OPERATOR receives an additional tow request to remove a disabled vehicle that is interrupting traffic flow, park the first tow request in a safe location, then immediately proceed to the site specified for the additional tow request.
Any disabled vehicle deposited or parked by the TOW OPERATOR at the site specified in any tow request shall be towed at the earliest opportunity after the TOW OPERATOR has complied with the above provisions for restoring traffic movement's at all specified locations.
Write the RPD case number and the date of tow on the front and rear windows of the towed vehicle in a legible manner, excluding plastic windows.
Transport all towed vehicles directly to the TOW OPERATOR's tow yard or to the location designated by the impounding REQUESTING OFFICER requesting towing service or the vehicle owner.
Tow vehicles that do not have any wheels.
Ensure that the tow driver/operators shall not interfere with a REQUESTING OFFICERS decision to impound or release a vebicle
10. Notify RPD Dispatch operator when a tow truck arrives on the scene of a requested response for tow service.
11. Communicate directly and at all times, with Dispatch when providing tow services for the CITY.
12. Tow all vehicles including vehicle that are abandoned and filled with trash and debris.
10 XIII. FORBIDDEN ACTIVITIES
A. The following activities are forbidden:
Driving "code" by operating overhead emergency lights while enroute to or from a tow scene.
Disobeying traffic control devices (traffic lights, stop signs, etc.).
Monitoring police radio dispatches for gain or profit.
Soliciting preferential dispatches to accident locations by payment, of any form or favor or gratuity, to a party of this AGREEMENT.
Soliciting those at the scene of an accident or disabled vehicle for personal profit.
6. Soliciting performance of repair work on a vehicle involved in an accident or breakdown in connection with providing towing service for such vehicle.
Making any repairs or alterations to a vehicle, without first being authorized by the owner or an authorized insurance company or other authorized agent of the vehicle owner, with the exception of emergency alterations necessary to permit the safe towing of a vehicle.
8. Not taking private property tows and tows given a DMV 462 form to a CITY contracted dismantler.
ivited by tie i as NG Ply any person, except as specifically
10. Charging for services not performed, creating duplicate charges for the same service or charging any fee in excess of those permitted under the AGREEMENT.
11. Causing damage to the persons or property of others while performing under the AGREEMENT.
12. Making false statements of fact or omitting disclosure of material fact.
13. Possession of any firearm or weapon in a tow truck during performance of this AGREEMENT.
14. Use of profane or obscene language, which offends a customer or any other person; or being verbally or physically offensive, abusive, 11 disrespectful, or discourteous to any customer, motorist, agency employee or any other person.
15. Touching any customer, motorist, agency employee or any other person in any inappropriate manner, except in self-defense when threatened with imminent physical harm.
16. Removing any parts, property, personal affects or any other items from a vehicle, except as specifically permitted in the AGREEMENT or at the explicit request of the vehicle owner/owner's agent.
17. Driving under the influence of alcohol, prescription or over the counter drugs if such drugs impair the tow operator's ability to safely perform all functions necessary to the fulfillment of the AGREEMENT.
18. Operating any vehicle or other equipment in a careless, reckless of negligent manner, or operating a towing vehicle during the commission of a crime.
19. Refusing to issue a clearly legible receipt, if necessary, in addition the standard tow bill, to any owner/ owner's agent who requests a detailed listing of all charges.
20. Requiring any vehicle owner/owner's agent to make any statement or sign any document relieving the TOW OPERATOR from responsibility for the condition of the vehicle or its personal effects prior to the owner/owner's agent inspection of the vehicle.
21. Operating any towed vehicle, except as directed by a REQUESTING OFFICER or other agent of the CITY.
22. ALl TOW OPERATORS shall refrain from recommending or promoting their tow business or other business services when performing tow requests for the CITY and its agents. The act of soliciting and/ or recommending a business or service for personal financial gain or wher acting as an agent for a body shop, repair shop, or legal service is strictly forbidden.
23. Refusing to tow ANY vehicle, trailer or vessel that is filled with trash, refuse and debris.
XIV. RATES AND STORAGE FEES
A. Fees charged for response to calls originating from the RPD shall not exceed those rates which have been established by resolution by the City Council of the City of Richmond.
12 B. In an effort to remain competitive in the open market, the TOW OPERATOR may lower retail rates at any time by notifying the RPD in writing. When a TOW OPERATOR lowers the retail rate, that retail rate becomes the new approved RPD rates. A TOW OPERATOR may only raise previously lowered rates for RPD calls through a written contract amendment approved by the CITY.
Any TOW OPERATOR who charges rates above the TOW OPERATOR'S retail hourly rates or submitted rates for a RPD call shall be in violation of this AGREEMENT.
D. The fees charged by a TOW OPERATOR for storage of vehicles towed in response to calls originating from the RPD shall not exceed those rates which ave been established by resolution by the City Council of the City of Richmond E. The TOW OPERATOR shall display in plain view at all cashiers' stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in forced, including the maximum storage rate.
Vehicles stored 24 hours or less shall be charged nor more than one day storage.
Each day thereafter or less shall be calculated by calendar day.
The approved scheduled of rates charges by the TOW OPERATOR shall be available in the tow truck, and shall be presented upon demand to the person(s) whom the tow services were provided, their agent, or any RPD officer at the scene.
H. Rate requirements represent the maximum a TOW OPERATOR may charge on a RPD call. The TOW OPERATOR is not precluded from charging less when deemed appropriate by the TOW OPERATOR. These requirements shall not be construed as requiring a charge when the TOW OPERATOR would not normally I. No TOW OPERATOR or any employee of the TOW OPERATOR shall refer to any rate as the" minimum required" or as a rate set by the RPD.
J. Whenever the Chief of Police, or his/her designee, determines that a vehicle was towed improperly or in error or that fairness requires that towed vehicle be released to the owner and orders the TOW OPERATOR to release the towed vehicle to its owner without charging him/her for the tow or storage thereof, the CITY shall pay the cost of the tow and one day storage only. The TOW OPERATOR shall waive all other storage costs and release the vehicle. 13 XV. INSPECTION, REPAIR & MAINTAINENCE
A. Tow trucks used in the performance of this AGREEMENT shall display evidence Of having tessed a sena tral ey in potion to pary antenance. organizations may conduct this inspection. No tow truck shall be approved for operation under the conditions of this AGREEMENT unless such truck meets the equipment standards set forth in this AGREEMENT and is owned by or is under the exclusive control of the TOW OPERATOR by means of a lease. All tow trucks used in the performance of this AGREEMENT shall be maintained in good Tow truck bodies shall be adequately painted and the paint shall be maintained in good condition
Tow trucks shall be marked and conform to all requirements of the California Vehicle Code.
Tow trucks shall be marked with the name/identification for this AGREEMENT and shall be the same name as the name shown as "Firm Name"
Tow trucks must be registered with the DMV for this AGREEMENT and shall be same as the name shown as "Firm Name" on the first page of this AGREEMENT.
Tow truck bodies shall be kept in good repair, clean and free of major damage or dents.
6. Tow truck wrecker bed interiors shall have all equipment properly mounted and properly maintained...
7. Tow truck cab interiors shall be kept clean and free of dirt and grease, shall have complete instrumentation, including manufacturer's interior panels, shall have passenger seatbelts, and shall have clean upholstery surfaces and floor.
XVI. SERVICE COST ADJUSTMENTS
A. The time required to complete a standard tow request should not exceed one (1) hour including response time. Any charges for additional tow trucks or extra persons used during a vehicle recovery will require approval from the REQUESTING OFFICER or RPD SUPERVISOR, and the times of arrival and departure of the additional equipment or person. The TOW OPERATOR shall notify RPD Dispatch if there is any delay or extension of billable hours and 14 Repode a written justification for the exta charges on the Impound Storage XVII. AUTHORITY OF THE CONTRACT ADMINISTRATOR
A. The Contract Administrator reviews and regulates the performance of the TOW OPERATOR. For the purpose of the AGREEMENT, the CONTRACT ADMINISTRATOR shall:
Determine if the TOW OPERATOR is in compliance with the AGREEMENT, and shall hear and investigate complaints regarding the performance of the TOW OPERATOR.
Determine and apply appropriate remedies for violations of the AGREEMENT.
Determine the terms and content of the AGREEMENT between the CITY and the TOW OPERATOR.
Oversee inspections of all equipment, facilities, and personnel for compliance with this AGREEMENT.
5. Investigate the appropriate use of specialized equipment and the rates charged, and take any action deemed appropriate if it is determined that the use of specialized equipment was unnecessary or the charges excessive.
6. During the term of this AGREEMENT, the CITY, acting through the CONTRACT ADMINISTRATOR, may issue new policies or directives not included in the original AGREEMENT in the form of an amendment.
The TOW OPERATOR will be furnished with copies of such policies and directives. Such policies and directives will become part of and incorporated into this ACREEMENT and shall become effective as XVIII. DEDUCTIONS
Any violation of the AGREEMENT may cause extreme inconvenience and hardship to the City, and failure to abide by all rules, directives, laws, and terms and conditions of the AGREEMENT may result in the CITY, at its sole discretion terminating the AGREEMENT and/or imposing deductions as enumerated above.
15 Insufficient staffing or tow trucks in service - $25.00 per occurrence without cause.
Improperly equipped truck - $25.00 per occurrence, per item, per truck.
Failure to mark invoice numbers on a vehicle - $25.00 per occurrence without cause.
Tow driver does not meet minimum qualifications $100.00 per occurrence without cause.
Late call-in of information to Dispatch - (if applicable) $25.00 per occurrence without cause.
Tow driver out of uniform or unkempt $25.00 per occurrence without cause. 8 Failure to itemized billing - $25.00 per occurrence without cause. 9 Failure to submit a Tow Storage Report - $25.00 per occurrence without cause. 10 Failure to provide stored vehicles protection from weather - $25.00 per occurrence without cause. 11 Unprepared or late for a background investigation - $25.00 per occurrence without cause. 12 Late response (3) times within a 30-day period - $100.00 per occurrence without cause. 13 Failure to perform a vehicle recovery - $50.00 per occurrence without cause. 14 Failure to clean up at accident scene - $150.00 per occurrence without cause.
XIX. NOTIFICATION
A. The TOW OPERATOR shall inform the CONTRACT ADMINISTRATOR within twenty-four (24) hours of the arrest, criminal charges, conviction or sentencing of any owner, part-owner, partner, business associate, principal party, officer, director, agent, employee or any other person associated with the TOW OPERATOR's performance of this AGREEMENT for any criminal offenses including, but not limited to, theft, robbery, burglary, assault, drugs, prostitution, weapons, fraud, trafficking in stolen goods or any traffic crime, driving under the influence of intoxicants, reckless driving, attempt to elude a police officer, leaving the scene of an injury accident or hit and run or any other offense related to the XX. TOW TRUCK PERMIT
A.
presented upon demand for inspection by any employee of the CITY. Any TOW OPERATOR whose driver arrives at a call for service without the required Permit XXI. PAYMENT PROVISIONS FOR ABATEMENT AND PRIVATE PROPERTY TOWS.
A. The TOW OPERATOR shall tow only vehicles towed under RMC 11.76, CVC 22651(k) & CVC 22669(d) to those dismantlers that have a current contract with the CITY. Failure to tow such vehicle to the designated auto salvage/dismantler will result in termination of the AGREEMENT.
16 XXII. COLLUSION
A. No TOW OPERATOR shall conspire, or attempt to conspire, or commit any other act prols o cret, gingers, es with any the run ostandio for regarding rates or conditions to the agreement that would bring about any unfair condition which could be prejudicial to the RPD, the motoring public or other TOW OPERATOR or violate any condition or term of this AGREEMENT.
B. Examples of "collusion" include, but are not limited to: conspiracy by any TOW OPERATOR to establish artificially low rates for services performed pursuant to this AGREEMENT; conspiracy or attempts, by any TOW OPERATOR to circumvent any term of this AGREEMENT including rotation list placement.
A determination by the RPD that any TOW OPERATOR has been involved in collusion shall result in termination of the AGREEMENT at the sole discretion of the CITY. Any TOW OPERATOR found to be involved in any act, or attempted act of collusion or comingling of two or more TOW OPERATOR businesses, shall be removed from participation on the RPD ROTATION TOW LIST.
XXIII. STORAGE FACILITY
A. The TOW OPERATOR shall be responsible for the security of vehicles and property at the place of storage. The TOW OPERATOR shall comply with all zoning and building code provisions applicable to the location but, at a minimum, a fenced or enclosed area shall be provided. The fence shall be of sufficient height to screen from the view of the adjacent street levels all vehicles, parts, materials and equipment stored on the subject property and in no event, shall any vehicles, OPERATOR is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles.
B. The TOW OPERATOR shall, at all times during the term of this AGREEMENT, and at its sole cost and expense, maintain or cause to be maintained in good condition and repair the interior of the properties, including windows, and any systems and fixtures installed by the TOW OPERATOR. The TOW OPERATOR shall, at all times, keep the properties in a neat, clean and sanitary condition or public nuisance thereon. All refuse, including non-salvageable vehicle parts and litter, shall be removed from the premises on a regular basis by an authorized refuse collection company. All refuse areas shall be effectively screened from view and maintained in an orderly manner. All refuse containers shall be maintained in enclosures approved by the RPD. In the event that damage to any of the improvements which are TOW OPERATOR'S obligation to maintain, by 17 reason of ordinary wear and tear or deterioration results in such improvements not meeting the standard of maintenance required by the RPD for such uses as operator is making of the properties, then the operator shall have the independent responsibility for, and shall promptly undertake such maintenance or repair and complete the same with due diligence. If the storage facility is located within the CITY limits, and if the TOW OPERATOR fails to make the necessary maintenance or repairs within ten (10) days after receiving notice in writing from the CITY, then the CITY may make such maintenance or repairs and the TOW OPERATOR shall reimburse the CITY.
The TOW OPERATOR, in constructing and operating the facilities, shall satisfy all atra marians aditond sore equire fant in scaled local, state, CITY, the TOW OPERATOR shall comply with the following fire prevention measures:
Welding and torch cutting shall be in conformance with the requirements of the California Fire Code as adopted by the CITY;
No smoking shall be allowed on the premises except in designated areas consistent with applicable local ordinances;
No burning of wrecked or discarded motor vehicles or waste materials shall be allowed;
4. Motor vehicles, discarded parts of motor vehicles, junk, waste, or other materials shall not be stored, displayed, or kept in a manner that could hinder or endanger firefighting efforts and operations; In the area where the vehicles are stored, vehicles must be arranged to meet the following minimum requirements, to allow the Richmond Fire Department access in the event of fire:
Entrances and exists to the area must be at least fifteen (15) feet in width and there must be access for the entrances and exits to all parts of the storage area by way of aisles of at least fifteen (15) feet in width;
2. There must be thirty (30) inches separation between the side, front and rear of any one vehicle and the side, front or rear of any other adjacent vehicle;
For every five cars stored lengthwise (end to end), there must be an aisle at least fifteen (15) feet in width. The requirements for aisles are based on the storage of passenger cars of an average width or length. If vehicles exceeding the length or width of an average passenger car are store, the 18 number of vehicles which may be stored between the required fifteen (15) foot aisles is decreased accordingly.
4. For every ten (10) vehicles stored side-by-side, there must be an aisle at least fifteen (15) feet in width. The requirements for aisles are based on the storage of passenger cars of an average width or length. If vehicles exceeding the length or width of an average passenger car are stored, the number of vehicles which may be stored between the required fifteen (15) E. The TOW OPERATOR shall obtain approval from the RPD prior to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the RPD prior to the removal of property may be excused by the RPD supervisor if it is determined that proper safeguards and procedure are utilized by the TOW OPERATOR.
This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.
Upon approval from the RPD, the TOW OPERATOR shall release personal property from an impounded vehicle at the request of the vehicle owner or agent.
There shall be no charge for the release of personal property during normal business hours. TOW OPERATORS may charge an after-hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions.
4. Personal property is considered to be items which are not affixed to the vehicle.
• Personal property includes papers, transportable cellular telephones, pull-out radios, portable radios and/or portable stereo equipment • Personal property from a stored vehicle shall be released upon the
5. Cargo shall be released upon the demand of the carrier or pursuant to a court order.
The TOW OPERATOR shall store all towed vehicles at a location which is within the CITY limits or not more than five (3) miles from the exterior boundary of the CITY limits. The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle 19 and/or personal property shall be released at the primary storage facility or place of business (when the primary storage facility and the place of business are not at the same location) upon request of the owner or a person having a legal entitlement to the vehicle and/or property.
Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the TOW OPERATOR shall furnish the address and obtain the CONTRACT ADMINISTRATOR's approval.
Secondary storage facilities shall be located reasonably close to the main business office.
G. TOW OPERATORS shall maintain sufficient storage spaces. At all times, the TOW OPERATOR shall provide sufficient space at the approved location(s) to store all vehicles towed and stored pursuant to this AGREEMENT. At a minimum, there shall be available at the approved location(s), space sufficient to store 150 vehicles, when stored in a manner consistent with all applicable health and safety requirements and with all requirements of this AGREEMENT. In the event all available space at the approved location(s) is utilized, the TOW OPERATOR shall be removed by RPD from the ROTATION TOW LIST unless and until there is available space at said location or until another suitable location is obtained by the TOW OPERATOR and approved by the RPD in the manner provided for herein.
H. A TOW OPERATORS' place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night.
I. For the purpose of this AGREEMENT, "normal business hours" shall not be less than 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the following State recognized holidays:
New Year's Day, Martin Luther King's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day and Christmas Day.
Business hours shall be posted in plain view to the public.
K. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property.
No motor vehicle towed at the direction of the RPD shall be released by the TOW OPERATOR to the owner of the vehicle, or any other enumerated person, except with the prior written authorization of the RPD.
20 XXIV. INDEMENIFICATION
A. The TOW OPERATOR shall defend, save harmless and indemnify the CITY and its office, agents and employees from any and all claims, costs and liability for any damages, sickness, death or injury to persons or property arising from, or connected with, the operations of services of the TOW OPERATOR or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising from the sole negligence or willful misconduct of the CITY or its officers or employees. The TOW OPERATOR shall reimburse the CITY for any expenditure, including reasonable attorney's fees incurred by the CITY in pursuit or defense of matters that are the subject of this indemnification. If requested by the CITY, the TOW OPERATOR shall defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the TOW OPERATOR.
XXV. INSURANCE
The IOW OPERATOR shall maintain the following minimum levels of insurance from an insurance carrier that is authorized to do business in California:
The insurance provisions in the Contract-General Conditions shall be supplemented with the following:
Without limiting the TOW OPERATORS indemnification of the City, the TOW OPERATOR shall provide and maintain at its own expense, during the term of the AGREEMENT, or as may be further required herein, the following insurance coverage's and provisions:
A. Evidence of Coverage
Prior to commencement of any contract awarded under this AGREEMENT the TOW OPERATOR shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the TOW OPERATOR upon request.
This verification of coverage shall be sent to the CONTRACT ADMINISTRATOR, unless otherwise directed. The TOW OPERATOR shall not e awarded a contract until it has obtained all insurance required and suc surance has been approved by the CITY. This approval of insurance sha neither relieve nor decrease the liability of the Proposer.
B. Qualifying Insurers
All coverage shall be issued by U. S. domiciled companies which hold a current A/M. Best rating of not less than A: VII, unless otherwise approved by the 21 C. Notice of Cancellation
be made during the term of the AGREEMENT, without thirty (30) days written notice (10 days for non-payment of premium) to the Police Chief prior to the coverage without evidence of replacement coverage, Proposer shall not engage in any services under any contract awarded pursuant to this AGREEMENT until D. Insurance Required
Garage Liability Insurance - for bodily injury (including death) and property damage which provides limits of not less than one million dollars ($1,000,000) combined single limit (CSL) per occurrence, $2,000,000 aggregate.
2. Commercial General Liability Insurance (if not provided under Garage liability) - shall have coverage equivalent to or greater than Insurance Services Office, Inc. (ISO) Form number CG 00010798 and include bodily injury (including death) and property damage coverage and have limits as follows:
a. Each occurrence $1,000,000
b. General aggregate $2,000,000
C. Products/completed operations aggregate $2,000,000
d. Personal Injury $1,000,000
Garage and General liability coverage shall include:
a. Premises and Operations
b. roducts/Completer
c. 'ersonal Injury liabilit
d. Severability of interest
Garage and General liability coverage shall include the following endorsement, a copy of which shall be provided to the CITY:
• Additional Insured Endorsement shall be equivalent to or greater than ISO form number CG 20261185, and shall read:
"City of Richmond, its officers, agents, employees and volunteers as additional insured"
. 22
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the CITY, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy.
5. Automobile Liability Insurance - For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. The CITY, its officers, agents, and employees shall be named as additional insured by endorsement for this coverage.
Workers' Compensation and Employer's Liability Insurance • Statutory California Workers' Compensation coverage.
• Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.
7. Garage keepers Legal Liability - with a minimum limit of five hundred thousand dollars ($500,000) per occurrence.
On Hook Coverage/Cargo - insuring the vehicle in tow with limits based on the size of the tow truck.
• Class A tow truck $ 50,000
• Class B tow truck $100,000
• Class C tow truck $200,000
• Class D tow truck $250,000
E. Special Provisions
The following provisions shall apply to this AGREEMENT:
• The foregoing requirements as to the types and limits of insurance coverage to be maintained by the TOW OPERATOR and any approval of said insurance by the CITY or its insurance consultants) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the TOW OPERATOR as part of any contract awarded pursuant to this AGREEMENT, including but not limited to the provisions concerning indemnification.
• The CITY reserves the right to withhold payments of any contract awarded to a TOW OPERATOR in conjunction with this AGREEMENT in the event of material noncompliance with the insurance requirements outlined above.
23 2. Proof of insurance shall be in the form of a certification of insurance. Policy expiration or cancellation will immediately nullify the AGREEMENT. The TOW OPERATOR'S insurance policy shall provide in no less than 30 days a written notice to the RPD in the event that the insurance policy is canceled or is due to expire. Additionally, the TOW OPERATOR shall notify the RPD in advance of the expiration, or cancellation of the TOW OPERATOR'S XXVI. VEHICLE INSPECTIONS
A. ALI TOW OPERATORS shall participate and qualify for the annual CHP Tow Truck Inspections. The results will be forwarded to RPD, by the TOW RD maintains the rice a dondie aditiona spections, wites pior no ie during normal business hours.
B. Any TOW OPERATOR who fails an inspection is entitled to only one re- inspection. Failure to pass the re-inspection shall be cause for the disqualification of the tow truck from use on RPD rotation.
XXVII. BUSINESS RECORDS
A. The TOW OPERATOR shall maintain records of all tow service furnished. The records will be maintained at the TOW OPERATOR'S place of business.
Invoices shall, at a minimum include: a description of each vehicle, the nature of service, the start time, the end time, the location of call, and an itemized costs of towing and storage.
Records for each call shall indicate the tow truck driver's name and truck used.
The TOW OPERATOR shall also maintain business records relating personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC licensing, and non-RPD tows.
The RPD may make an inspection of all TOW OPERATOR records without notice during normal business hours.
D. TOW OPERATOR shall permit the RPD to make copies of business records at their place of business, or to remove business records for the purpose of reproduction.
The RPD shall provide a receipt for any records removed from the place of business.
24 E. Records shall be maintained and available for inspection for a period of two years after the term of this AGREEMENT expires or is terminated.
F. Failure of the TOW OPERATOR to comply with the inspection requirements may in the CONTRACT ADMINISTRATOR's sole discretion, result in immediate termination of this AGREEMENT.
XXVIII. SINGLE BUSINESS
A. No TOW OPERATOR shall own (in whole or part), manage, exercise dominion employee, agent or representative, or any other business form or agreement. TOW OPERATOR shall not use or share the storage yard or any facility or any equipment of any other TOW OPERATOR that has a contract with the CITY. Any TOW OPERATOR who violates this clause shall have this AGREEMENT terminated if the CITY, in its sole discretion has cause to believe that any information in the sworn Single Business Declaration was incorrect, inaccurate or misleading. It TOW OPERATOR, subsequent to being awarded a tow contract enters into any arrangement or affiliation, formal or informal, that violates or may violate this clause, the TOW OPERATOR shall have three (3) business days to notify CITY in writing of the possible conflict and provide any information or documentation requested by the CITY to assist in making a determination whether the change in position creates a conflict and violates this section. The City's determination shall be final.
XXIX. ANNUAL MEETING
A. The CONTRACT ADMINISTRATOR shall conduct, at a minimum, one annual meeting to discuss issues concerning the TOW ROTATION LIST. All meetings shall be mandatory for the TOW OPERATOR or TOW OPERATOR's designee XXX. DEMEANOR AND CONDUCT
A. While involved in RPD TOW ROTATION LIST or related business, the TOW OPERATOR and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following:
Rude or discourteous behavior.
2. Lack of service, selective service, or refusal to provide service which the operator is/should be capable of performing.
25 3. Any act of sexual harassment or sexual impropriety.
4. Unsafe driving practices.
Exhibiting any objective symptoms of alcohol and/or drug use.
6. Appearing at the scene of a RPD rotation tow call with the odor of an alcoholic beverage emitting from the driver's breath or person.
B. The TOW OPERATOR/tow truck driver with the odor of an alcoholic beverage emitting from the driver's breath or person shall submit to a preliminary alcohol screening test upon demand of the RPD.
All RPD related service complaints received by the RPD against a TOW OPERATOR or a TOW OPERATOR'S employee will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the RPD shall take any action necessary in the CITY's sole discretion. In any event, the TOW OPERATOR will be notified if the allegations are deemed founded or unfounded.
Should the filing of a criminal charges be a possibility, the RPD will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution.
XXXI. COMPLIANCE WITH THE LAW
The TOW OPERATOR and its employees and agents shall, at all times, comply with federal, state and local laws and ordinances, which include, but are not limited to, those laws which are applicable to the TOW OPERATOR. (refer to Attachment B for selected Vehicle Code and Civil Code Sections).
In the event of a minor traffic violation by a TOW OPERATOR which is nown by the RPD, the TOW OPERATOR shall be advised of th iolation bv the RPD. The TOW OPERATOR will be required to the the launity to take necessary steps to casure that the drive complies with B. Any conviction of the TOW OPERATOR involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/or a drug while involved in a RPD rotation tow call, or moral turpitude shall be cause of termination of the AGREEMENT. 26 Any conviction of an TOW OPERATOR and it's drivers or agents, involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violation, a drug, misdemeanor driving while nder the influence of alcohol and/or a drug while participating on the RP OTATION TOW LIST, or moral turpitude shall be cause for the immediat removal of the employee, driver or agent from the list of current RPD rotation tow D. A TOW OPERATOR or its drivers or agents, arrested or charged for a violation involving any of the above crimes shall be prohibited from driving under this contract until the case is adjudicated.
XXXII. COMPLIANCE WITH AGREEMENT
A. The TOW OPERATOR shall, as a condition of inclusion in the ROTATION TOW LIST, comply with the terms and conditions of this AGREEMENT.
XXXIII. ADVERTISING
A. The TOW OPERATOR shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the RPD or the Department of Motor Vehicles.
Examples include: "Official Police Department Tow," "Approved by RPD," etc.
This will not preclude the RPD supervisor from implementing a system to mark and identify particular tow trucks as having passed the RPD inspection.
XXXIV. CANCELLATION
A. This AGREEMENT may be terminated by either party upon giving thirty (30) days advance written notice to the other party.
XXXV. ASSIGNMENTS: SUBCONTRACTORS: EMPLOYEES
A. Assignment. Both parties shall faithfully perform the provisions of this AGREEMENT and shall not assign, transfer, convey, or otherwise dispose of this AGREEMENT or any right, title, or interest to any part thereof, unless otherwise specified in the AGREEMENT without the prior written consent of the other party and then only subject to such terms and conditions as the other party may require. Any assignment without such approval shall be null and void and, at the option of the other party, shall terminate this AGREEMENT and any permits, licenses, or privileges granted herein. This AGREEMENT and any interest herein 27 shall not be assignable by operation of law without the prior written consent of the other party.
B. Subcontractors: Employees. The TOW OPERATOR may, for this AGREEMENT, subcontract for dispatching services only.
XXXVI. NON-INTERFERENCE
The TOW OPERATOR and/or employees, subcontractors or other representatives of TOW OPERATOR, shall not deliberately disrupt or interfere in any matter with the operations of other TOW OPERATORS within the CITY. Evidence of deliberate interference by the TOW OPERATOR with the operations of other TOW OPERATORS shall result in the immediate termination of the AGREEMENT.
XXXVII. FORCE MAJEURE
Neither party hereto shall be considered in default in the performance of its prevented or elayed to the eaten, hai thing oremance of us ay obleation is reasonable control of such party.
XXXIII. INDEPENDENT CONTRACTORS STATUS
A. For purposes of this AGREEMENT, the TOW OPERATOR is an independent contractor and this AGREEMENT is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or XXXIX. INSPECTION
A. The TOW OPERATOR's performance, place of business and records pertaining to this AGREEMENT are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
B. The RPD may make an inspection of all TOW OPERATOR records without notice during normal business hours.
C. Failure of the TOW OPERATOR to comply with the inspection requirements may in the CONTRACT ADMINISTRATORS sole discretion, result in immediate termination of this AGREEMENT.
28 XL. ENTIRE AGREEMENT
This AGREEMENT contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral oF otherwise, regarding the subject matter of this AGREEMENT shall be deemed to XLI. MODIFICATIONS AND AMENDMENTS
General amendments. This AGREEMENT may be modified or amended by a written document executed by the TOW OPERATOR and at the direction of the City of Richmond City Council.
XLI. CHOICE OF LAW AND JURISDICTION
A. This AGREEMENT is made in Contra Costa County and shall be governed and construed in accordance with laws of the State of California.
B. Any action relating to this AGREEMENT shall be instituted and prosecuted in the courts of Contra Costa County, State of California.
XLI. CONFORMATION WITH FEDERAL AND STATE REGULATIONS
A. Should Federal or state regulations touching upon the subject of this AGREEMENT be adopted or revised during the term hereof, this AGREEMENT may be amended to assure conformance with such Federal or State requirements.
XLIV. NO WAIVER BY CITY
A. Inspections or approvals, or statements by any REQUESTING OFFICER, agent or employee of the CITY relating to the TOW OPERATOR'S performance, or payments therefore, or any combination of these acts, shall not relieve the TOW OPERATOR'S obligation to fulfill this AGREEMENT as prescribed; nor shall the CITY be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this AGREEMENT.
XLV. CONFLICTS OF INTEREST
A. The TOW OPERATOR promises and attests that the TOW OPERATOR and any members of its governing body shall avoid and actual or potential conflicts of interest. If the TOW OPERATOR is a corporation, the TOW OPERATOR agrees to furnish to the CITY upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing 29 XL VI. CONFIDENTIALITY
A. The TOW OPERATOR agrees to comply with, and to require its employees, officers, agents and partners to comply with, all applicable State or Federal sates of pegins ns ed ecin this Adrial, in, ding but and or ted to, the provided them, and assures that:
All applications and records concerning any individual made or kept by the TOW OPERATOR or any public officer or agency in connection with the administration of or relating to services provided under this AGREEMENT will be confidential, and will not be open to examinatior for any purposes not directly connected with administration of such service or as required by law.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such services or as required by law.
B. The TOW OPERATOR shall inform all employees, agents, officers and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be subject to legal action.
XLVII. NON-DISCRIMINATION - CONTRACTOR
A. The TOW OPERATOR shall abide by the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor under a contract with the CITY for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, religious creed, national origin or ancestry of any employees, any applicant for employment for any potential subcontractors.
XLVIII. NON-RENEWALL
A. There is no representation, implication, or understanding that the services provided by the TOW OPERATOR under this AGREEMENT will be renewed by the CITY upon expiration or termination of this AGREEMENT and TOW OPERATOR waives all rights or claims to notice or hearing respecting any determination by the CITY to terminate or discontinue any services from the TOW OPERATOR. 30 XLIX. NO THIRD-PARTY BENEFICIARIES
A. Notwithstanding mutual recognition that services under this AGREEMENT may provide some aid or assistance to members of the CITY'S population, it is not the Intention of either the CITY or the TOW OPERATOR that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this AGREEMENT.
L. SURVIVAL
A. The right and obligations of the parties which by their nature survive termination or completion of the services covered by this AGREEMENT shall remain in full force and effect after termination or completion.
LI. SEVERABILITY
A. In the event that any of the provision or portions or applications thereof of this AGREEMENT are held to be unenforceable or invalid by any court of competent jurisdiction, the CITY and the TOW OPERATOR shall negotiate an equitable adjustment in the provisions of the AGREEMENT with a view toward effecting the purpose of this AGREEMENT, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
LII. AUTHORIZED REPRESENTATIVES AND NOTICES
A. The CITY and the TOW OPERATOR shall each designate, below, an Authorized Representative who has authority to act on its behalf in the administration of this AGREEMENT.
B. Written notification to the other party shall be provided, in advance, or charges in name or address of such Authorized Representatives.
Notices provided for under this AGREEMENT shall be in writing, and shall be served on the Authorized Representative of the receiving party, either personally it at the party's offices, or by registered or certified mail to its office address.
The CITY hereby designates as its Authorized Representative the CONTRACT ADMINISTRATOR whose name and address are as follows:
CHIEF OF POLICE OR DESIGNEE
CHIEF BISA FRENCH
1701 REGATTA BLVD
RICHMOND CA 94804
31 The TOW OPERATOR hereby designates as its Authorized Representative whose name and address are as follows:
TOW OPERATOR SimER P. SiNGH SSif
ADDRESS 2280 GiANT RD.
CITY SAN PABLO CA.
ZIP CODE 94806
LIII. RICHMOND BUSINESS LICENSE
A. Pursuant to Richmond Municipal Code Section 7.04.030, the TOW OPERATOR must have or must obtain a CITY Business License before any provisions of this AGREEMENT will be deemed to take effect.
32 ATTACHMENT A
A. MAXIMUM BASIC CHARGE:
Beginning January 1, 2021, for each motor vehicle (including abandoned or stolen vehicles) towed at the request of the Richmond Police Department from a location within the City of Richmond to the nearest storage facility, the maximum basic charge shall be one hundred and eight-five dollars ($185.00) per hour.
B. MAXIMUM ADDITIONAL CHARGES:
1. In any instance where the vehicle is towed outside the City limits and the distance between the location from which the motor vehicle is towed and the location to which it is delivered exceeds the distance between the location from which it is towed and the nearest storage facility operating under Chapter 7.74 of the Richmond Municipal Code, the following maximum additional charge may be made: $5.00 per mile.
2. Emergency road service at the location of the motor vehicle when the vehicle is not towed shall not exceed:
a. Flat tire repair or changing tires: forty-two dollars ($42.00). b. Fuel, start batteries, lockout: thirty-five dollars ($35.00). c. Recovery and/or towing of a motor vehicie from off the roadway where special equipment or winches must be used: one hundred seventy-two dollars and fifty cents ($172.50) per hour prorated for each 15-minute increment. This charge may be made whether or not all or just a portion of the vehicle is off the roadway, so long as the situation actually necessitates the use of special equipment or winches. As used herein, the term "roadway" shall mean that portion of a street, road, or highway improved, designed, or ordinarily used for vehicular travel. d. In any instance where a tow truck having a rated capacity in excess of one ton and two axles is required for towing and/or recovery the charge for the first hour or any portion thereof shall not exceed two hundred eighty-five dollars ($285.00). If the towing or recovery shall exceed one hour, the charges for the time in excess of one hour shall be assessed at a rate not to exceed one hundred fifty-five dollars ($155.00) per hour prorated for each 15-minute increment.
1 e. In any instance where a tow truck having three axles is required for towing and/or recovery, the charge for the first hour, or any portion thereof, shall not exceed four hundred twenty-five dollars ($425.00) per hour prorated for each 15-minute increment.
C. ADMINISTRATIVE FEES:
1. The owner of any vehicle towed away under the direction of the RPD pursuant to Chapter 11.76 shall be required to pay an administrative fee of four hundred and twenty-four dollars ($424.00) to the City for the release of said owner's vehicle.
2. The owner of any vehicle towed away under the direction of the RPD pursuant to Section 14.40.050 of the Richmond Municipal Code, or Sections 14602.6, 14607.6, 22651(o) or 22651(p) of the California Vehicle Code, shall be required to pay an administrative fee of one hundred seventy-two dollars ($172.00) to the City for the release of said owner's vehicle.
D. GATE FEE:
The owner of a vehicle towed away under the direction of the RPD shall be required to pay an after-hours gate fee of ninety-two dollars and fifty cents ($92.50) when requesting release of a vehicle after hours, during holiday or on weekends.
E. EVIDENCE TOWING:
For each vehicle towed as evidence in a criminal matter, the charge for towing shall not exceed seventy-seven dollars and fifty cents ($77.50).
F. STORAGE FEES:
1. For each towed vehicle stored as evidence in a criminal matter, the storage fee shall not exceed twenty dollars ($20.00) per day for the first seven (7) days, and five dollars ($5.00) per day thereafter.
2. For all other vehicles, daily storage fee rates shall not exceed:
a. Vehicles designed for use of six or fewer passengers, including cars, light-duty pickup trucks, taxicabs, minibuses and minivans: eight-five dollars ($85.00) per day.
2 b. Local-use commercial vehicles, other than buses, including delivery vans, passenger vans, and two axle flatbed trucks: one hundred and five dollars ($105.00) per day.
c. Long-distance commercial vehicles and all buses: one hundred and twenty-five dollars ($125.00) per day.
For the Contract between the City of
ichmond anc
Checker's Group, Ino
dba: Checker's Towing
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Lt. Tracy Mollenbernd Department: Police PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Lt. Tracy Mollenbernd before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City's satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
Checker's Group, Inc.
dba: Checker's Towing
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1.1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Lieutenant Tracy Mollenbernd
City of Richmond
1701 Regatta Boulevard
Richmond, CA 94804-0046
1.2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Simer P. Singh
Checker's Towing
P.O. Box 1145
El Cerrito, CA 94530
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 1 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City's rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, aesar in record signal alone to leans any city al deme
nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole iscretion, may, upon notice to Contractor, delete certain items or service et forth in Exhibit A. in which case there shall be a correspondin reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 2 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor's accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract, or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 3 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staffs determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 4 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 5 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination; stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and defined in Title 2, California Code of Regulations §§ 18703.1 through acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. Contractor's obligation to General Conditions/EJ/TE 01-19-11 6 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor's work or work product by any indemnified party shall not affect, relieve or reduce the Contractor's indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 7 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City's Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City's website at
http://www.ci.richmond.ca.us/workplacepolicies. Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 8 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 9 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable), or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the erformance of its obligations hereunder to the extent that th erformance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 10 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or pastieses as permited under this Contract shall not be considered third
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the other lies, the prodiet me to any spections cytecurity energ ther product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purposes). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 11 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor's performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 12 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
General Conditions/EJ/TE 01-19-11 13 of 13
For the Contract between the City of
ichmond anc
hecker's Group, Inc
dba: Checker's Towing
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
N/A
For the Contract between the City of
Richmond and
Checker's Group, Inc.
dba: Checker's Towing
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance equirements specified in the insurance provisions which are attached hereto anc corporated herein by this reference.
- Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation insurance.
6. Professional Lie dr Errors & Omissions Liability Insurance appropriate to the CONTRACTOR'S Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers' Liability Employers' Liability per accident, per employee for bodily injury or disease. CONTFRACTOR E et ased If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general (primary and excess limits aggregate shall apply separately to this project, service or location or the combined) inimum required aggregate limit shall be twice the per occurrenc mit ($4 million aggregate limit
Policy shall be endorsed to name the City of Richmond as an additional Type 2 - Page 1 of 3
Revised: September 2011
_ Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors & PROJECT COST REQUIRED LIMIT Omissions Liability - 50 - $1 million $1 million_p/o
Required for all professionals $1 million = $5 million $2 million p/o including architects, engineers, -Over $5 million $5 million p/o consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily divery, der there pipe earnest contain respect
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory
Waiver of Subrogation Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers' Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured ny deductible or self-insured retention must be declared to and approve Retentions y the City. At the option of the City either the insurer shall reduce c eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses. reterion for each insible for satisfaction of the deductible and/or self-insured A. M. Best Rating A: VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
if an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specifie 'or underlying coverage's and cover those insured in the underlying policies Type 2 - Page 2 of 3
Revised: September 2011
_ Exhibit F
— Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review anc approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from fallure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that inserted Cro's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policles including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as It deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the real e overag to tre bed gated Project analace. Renewal certificates and updated endorsements Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.
Reporting Requirements
atect loverage prol with the city, if sters, iong or the police reling reaches of warranties shal not.
Consistent with Public Policy
Try, to the milnum extent ecs ays le tie edito he terms nur pole hate mal and neer able public policy and thus enforceable.
Type 2 - Page 3 of 3
Reviced • Sentemher 2011