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La Costa Towing; 2018-12-20;
,. . . ASSIGNMENT AND ASSUMPTION AGREEMENT FOR TOWING CONTRACT SERVICES WITH LA COSTA TOWING THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment Agreement") is made and entered into this 25th day of April 2019, by and between the CITY OF CARLSBAD, a political subdivision of the State of California ("City"), La Costa Towing, Inc., ("Assignor'') and Joseph J. Radick, ("Assignee"), and is made with reference to the following facts: RECITALS A. On December 20, 2018, the City and Assignor entered into that certain Professional Services Agreement concerning Agreement for Towing Contract Services La Costa Towing, (the "Agreement"). B. Paragraph 24 of the Agreement allows Assignor to assign rights and obligations under the Agreement upon written approval of the City. C. Assignor desires to assign its interest in the Agreement to Assignee. Further, Assignee desires to accept assignment of Assignor's interest in the Agreement and City consents to the assignment of the interest in the Agreement from Assignor to Assignee. NOW THEREFORE, incorporating the above recitals and in consideration of the covenants and obligations set forth herein, the parties hereto agree as follows: 1. Assignment. Assignor hereby assigns to Assignee all of Assignor's rights and obligations as set forth in the Agreement. 2. Assumption. Assignee hereby assumes all of Assignor's rights and obligations as set forth in the Agreement. 3. City Consent. City hereby agrees and consents to the assignment of all of Assignor's rights and obligations as set forth in the Agreement to Assignee. 4. General Terms and Conditions. The following general terms and conditions shall apply to this Assignment Agreement. 4.1 Hold Harmless. In addition to the hold harmless provisions contained within the Agreement, and except as to the sole negligence, or willful misconduct of City, Assignee shall defend, indemnify and hold the City, its officers and employees, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorney's fees, which arises out of or is in any way connected with this Assignment Agreement, notwithstanding that City may have benefitted from this Assignment Agreement. The hold harmless provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Assignee. The parties expressly agree that this section shall survive the expiration or early termination of this Agreement. City Attorney Approved 07/11/16 ' . 4.2. Counterparts. This Assignment Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 4.3. Successors and Assigns. It is mutually understood and agreed that this Assignment Agreement shall be binding upon City, Assignor and Assignee and their respective successors. Neither this Assignment Agreement or any part hereof nor any monies due or to become due hereunder may be assigned by Assignee without the prior consent of City. 4.4. Governing Law. This Assignment Agreement shall be governed by, interpreted under, and construed and enforced in accordance with, the laws of the State of California. 4.5. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Assignment Agreement shalt be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 4.6. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Assignment Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: City: Assignor: Assignee: City Manager City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Milano Atanasovski La Costa Towing, Inc. 3155 Tyler Street Carlsbad, CA 92008 Joseph J. Radick 180 Village Run East Encinitas, CA 92024 4.7. Nondiscrimination. During the term of this Assignment Agreement, the parties shall comply with the state and federal laws regarding non-discrimination. 4.8 Authority. The parties executing this Assignment Agreement on behalf of City, Assignor and Assignee each represent and warrant that they have the legal power, right and actual authority to bind the City, Assignor and Assignee, respectively, to the terms and conditions hereof. 4.9 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part 2 City Attorney Approved 07/11/16 Assignment Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall .be severed from this Assignment Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Assignment Agreement and the remainder of this Assignment Agreement shall continue in full force and effect. 4.10 ASSIGNOR: [FULL NAME *By: **By: (sig re) CITY OF CARLSBAD, a municipal corporation of the te of California By: [INSERT ITLE OF PERSON AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] Prt1.Slclenf- LAt.vos /,-t To .. u, ~ , /NC• m; la nD A:tltrJ As-,)\/ 5 K...; 1 Jee re tll "''-1 Q (print namellme) L,o c,,n q T•"'-'"~5; I IJc:. ~~ / /l _) ASSIGNEE: ~ .• A~ /Y':::: [FULL NAME OF ASSIGNEE] BARBARA ENGLESON 1 ~~ /J_ ,,;1 J1 ·L CityClerk *By: ~JI-/'~ V (%in here) ..JCJ5eoh CT. I/Gd1 Ck '(print name/title) **By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups: *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: 3 City Attorney Approved 07/11/16 CELIA A. BR~~ Attorney By: 111,{X l Assistant City Attorney 4 City Attorney Approved 07111 /16 AGREEMENT FOR TOWING CONTRACT SERVICES LA COSTA TOWING THIS AGREEMENT is made and entered into as of thedl)_#JJay of~' JR,, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and La Costa Towing, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a towing service company that is experienced in lawful towing and storage of vehicle. B. Contractor has the necessary experience in providing professional services and advice related to the lawful towing and storage of vehicles. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. D. Contractor has submitted a Statement of Qualifications (SOQ) to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one ( 1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. CONSIDERATION The consideration for the agreement is the City's willingness to contact Contractor and Contractor's willingness to perform tow services as required in this Agreement. City shall not be liable for tow, storage or other fees associated with this Agreement. All towing, storage and related fees are the responsibility of the owner of the vehicle or owners' agent/representative. Contractor shall only charge those fees set forth in the Tow Storage and Fee Schedule in Exhibit "A_i, City Attorney Approved Version 6/12/18 9 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys' fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or regarding performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 IO in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 II 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Matt Lowe Title Sergeant Carlsbad Police Department _D_e~p_art_m_e_n_t ____ _ Address 2560 Orion Way Carlsbad Phone No. 760.931.2131 For Contractor Name Milano Atanasovski Title Owner Address 3155 Tyler Street Carlsbad, CA 92008 Phone No. 760.730.0348 Email Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 12 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No;gJ 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for City Attorney Approved Version 6/12/18 13 work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 14 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: Chief of Police Neil Gallucci Vaan~,~ ~ARBARA ENGLESON pv -City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_fl~W-~-- Assistant City Attorney City Attorney Approved Version 6/12/18 15 GENERAL EXHIBIT "A" SCOPE OF SERVICES Contractor shall perform towing or towing and storage of vehicles originating within the City of Carlsbad and to locations either within the City of Carlsbad or any other location within the County of San Diego as directed by the Carlsbad Police Department (CPD). Services to be rendered may include, but are not limited to, towing vehicles that are: stored, disabled, traffic hazards, traffic collisions, vehicles parked over 72 hours, vehicle lockouts, abandoned vehicles, abated vehicles, junk vehicles, and for vehicles impounded for evidence or other criminal investigations; or are in need of jump-starts or flat tire repairs. ROTATION The Chief of Police will set the type of rotation worked by Contractor. TOW TRUCK SPECIFICATIONS A. Contractor shall equip and maintain tow trucks in accordance with the provision set forth in the California Vehicle Code (CVC), Title 13 of the California Code of Regulation (CCR), the specifications contained in this Agreement, and in a manner consistent with industry standard and practices. Contractors shall maintain at least one Class B tow trucks in their fleet. B. There will be four classes of tow trucks covered under this Agreement. 1. Class A-Light Duty. A tow truck that has a manufacturer's Gross Vehicle Weight Rating (GVWR) of at least 14,000 pounds. 2. Class B -Medium Duty. A tow truck that has a manufacturer's GVWR of at least 26,001 pounds. 3. Class C -Heavy Duty. A tow truck that has a manufacturer's GVWR of at least 33,001 pounds. 4. Class D -Super Heavy Duty. A tow truck that has a manufacturer's GVWR of at least 50,000 pounds. C. The tow truck must meet all applicable state and/or federal standards. D. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. E. All controls shall be clearly marked to indicate proper operation, as well as any special warning or cautions. City Attorney Approved Version 6/12/18 16 TOW TRUCK DRIVERS A. Contractor shall ensure that tow drivers responding to calls initiated by CPD are qualified and competent employees of the Contractor's company. B. Contractor shall ensure that tow drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced. C. Tow drivers shall be a least 18 years of age and shall possess the proper class license and endorsements for the towed and towing vehicle. D. Tow drivers shall maintain a reasonable standard of personal appearance and hygiene. E. Tow drivers shall wear an identifiable uniform shirt displaying the company and driver's names while engaged in CPD tow operations. F. Tow drivers shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration (OSHA) requirements. G. Contractor shall provide a current list of drivers to CPD upon implementation of this Agreement. Contractor shall notify CPD upon any change in driver status, including the addition of any new drivers, or the deletion of any drivers. H. All tow drivers shall be enrolled in the Pull Notice Program. Upon the addition of new drivers, Contractor will be granted a maximum of 30 days to enroll drivers in the Pull Notice Program. Pull Notices shall be kept on file, signed, and dated by Contractor. CPD may require Contractor to provide copies of Pull Notice Reports. I. Contractor is responsible for collecting and removing miscellaneous collision debris associated with vehicles being towed. To ensure all necessary services have been performed, Contractor will consult with on-scene City employee(s) before departing. J. Contractor shall be responsible for all acts of their employees, contracts and/or agents while those individuals are performing services for the City. K. Contractor's employees, contractors and/or agents shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. DEMEANOR AND CONDUCT While involved in CPD tow operations or related business, Contractor and/or its employees, contractors and/or agents shall refrain from any acts of misconduct including, but not limited to, the following: City Attorney Approved Version 6/12/18 17 1. Rude or discourteous behavior. 2. Lack of service, selective service, or refusal to provide service that the operator is or should be capable of performing. 3. Any act of sexual harassment or sexual impropriety. 4. Unsafe driving practices. 5. Exhibiting any objective symptoms of alcohol and/or drug use. If the odor of an alcoholic beverage is emitting from the driver's breath, the driver shall submit to a preliminary alcohol-screening (PAS) test upon demand of CPD. RESPONSE TO CALLS A. Contractor on rotation shall respond to requests for towing services with a maximum response time of thirty (30) minutes from the time of receiving the request from CPD dispatch. Response time is computed from the time the police dispatcher notifies the Contractor until the time the tow truck arrives on the scene. B. Contractor shall respond to calls 24 hours a day, seven days a week, within the stated response times. C. Contractor shall advise CPD 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, Contractor is unable to respond or will be delayed in responding, Contractor shall immediately notify CPD. Contractor shall not assign any calls to other tow operators. D. When Contractor fails to answer the phone, is unable to respond, is unable to perform the required service, declines to respond or provide service, or is cancelled due to excessive response time CPD will contact another Contractor for service. Failure to respond to perform the required towing or service and/or repeated failures to meet the maximum requirement shall constitute failure to comply with the terms and conditions of this Agreement and may result in suspension or termination. E. When Contractor will be temporarily unavailable to provide services due to a preplanned or scheduled activity, the Contractor shall notify CPD at least 24 hours prior to the date the services will be unavailable, noting the times and dates of the unavailability. F. Contractor shall respond with a tow truck of the class required to tow the vehicle specified by CPD. G. Failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement. H. Contractor's employees responding to a call shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be performed. I. If Contractor's tow truck operator is cancelled by CPD, up to and including arrival on scene that does not result in a tow, there shall be no charges. If CPD requests a tow truck operator on behalf of a vehicle owner/operator and the vehicle City Attorney Approved Version 9.22.10 18 owner/operator declines service prior to the tow truck operator's possession of the vehicle, no charges will apply. J. Only the tow truck personnel and equipment requested shall respond to a CPD call. However, there may be times when the tow truck operator assigned to the initial call may require the assistance of an additional tow truck operator at the scene. Such a request shall be routed through CPD. RATES A. Any Contractor who charges rates above the current (at the time service is provided) California Highway Patrol (CHP), Oceanside Area, Tow and Private Property Impound rates for a CPD call shall be in violation of the Agreement and subject to disciplinary action. B. The approved schedule of rates charged by Contractor shall be available in the tow truck at all times, and shall be presented upon demand to the person(s) for whom the tow services were provided, their agent, or any CPD employee at the scene. C. Contractor shall base towing charges upon the class of vehicle being towed, regardless of the class of tow truck used, except when vehicle recovery operations require a larger class truck. D. Contractor shall display in plain view at all cashiers stations, a sign as described in Section 3070(E) of the California Civil Code, disclosing all storage fees and charges, including the maximum storage rate. E. Vehicles stored 24 hours or less shall be charged no more than one-day storage. F. No Contractor or employee shall refer to any rate as required or set by CPD. G. Contractor's towing or towing and storage fee(s) shall be the responsibility of the registered owner of the vehicle towed or towed and stored. H. All lien sales shall be performed in accordance with the California Civil Code. STORAGE FACILITY A business office and storage facility shall be located close to one another and be within the City limits of the City of Carlsbad. An additional storage yard, located within a 5-mile radius of the city limits, may be used if the vehicle is too large for the Carlsbad lot or the vehicle has been at the Carlsbad lot for 15 days or more. For the purposes of the Agreement, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Thanksgiving Friday, and Christmas Day. BUSINESS RECORDS A. Contractor shall maintain records of all tow services furnished pursuant to this Agreement. The records will be maintained at Contractor's place of business within the City limits. For each tow service performed pursuant to this City Attorney Approved Version 9.22.10 19 Agreement, Contractor's tow invoices shall, at a minimum, include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow driver's name, and truck used. B. CPD may inspect any and all of Contractor's records at Contractor's place of business during normal business hours and without any advance notification to Contractor. C. Contractor shall permit CPD to make copies of a n y of its business records at Contractor's place of business, and/ or a 11 ow C PD to remove origin a I business records for the purpose of reproduction. CPD shall provide a receipt for any (original) record removed from the place of business. D. Failure of the operator to comply with the above business records inspection requirements shall be, at CPD's election, cause for suspension and/or termination of the Agreement. RELEASE OF VEHICLE If a "police hold" has been placed on a vehicle, the vehicle shall not be released without first obtaining a "VEHICLE IMPOUND RELEASE" form from CPD. RELEASE OF PROPERTY A. When a vehicle is stored by Contractor, Contractor shall be responsible for the security of vehicles and property in or upon the vehicle at the place of storage. Contractor is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. B. The vehicle and/or personal property shall be released from stored vehicles at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property upon presentation of proof of legal entitlement to the vehicle and valid identification. C. Contractor shall provide any information required by claimant to effect the release of the impounded vehicle including, but not limited to: confirming that a particular vehicle is in Contractor's possession, directions to the location of the vehicle, the methods of securing its release, documentation required, applicable charges and fees required to be paid and terms of payment. D. Vehicles impounded by CPD for investigative purposes shall be held in a maximally secured non-public area of Contractor's property until the vehicle is released by order of CPD. Any property or other contents of such vehicles shall not be removed by any person other than a CPD police officer or evidence technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by a representative of Contractor and the peace officer or evidence technician removing such property. E. Contractor shall obtain approval from CPD before the removal of any property from an impounded vehicle and shall provide a receipt to CPD, with a copy placed in the vehicle. 1. This above requirement may not be waived in cases where a vehicle has been City Attorney Approved Version 9.22.10 20 impounded for evidence or investigation. 2. Upon approval from CPD, Contractor shall release personal property from an impounded vehicle at the request of the vehicle's registered owner or agent. 3. There shall be no charge for the release of personal property during normal business hours. Contractors may charge a reasonable after hours release fee for property released after normal business hours, consistent with the after- hours vehicle release provisions contained in California Vehicle Code (CVC) section 22658. 4. Personal property is considered to be items that are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours. Payment for an after-hours release of property may be required at the time of the release as consistent in California Vehicle Code (CVC) section 22658. 5. Cargo shall be released upon demand of the carrier or pursuant to a court order. F. Contractor's employees, contractors and/or agents shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property. VEHICLE DAMAGE OR PROPERTY A. CHP 180 impound and storage forms will be provided to Contractor for CPDCPD tows and impounds. Contractor shall be responsible for any damage occurring to the vehicle while in its sole possession, custody or control. Damage not properly recorded on a CHP 180 damage assessment form will be considered damage that occurred during Contractor's possession, custody or control, and thus, the Contractor's responsibility. B. Contractor shall be responsible for all property belonging to the vehicle identified by the content inventory and the CHP 180 form. Loss of property which occurs after Contractor has arrived at the scene will be the sole and undisputed responsibility of Contractor. COMPLIANCE WITH LAW A. Contractor and its employees, contractors and/or agents shall, at all times, comply with all relevant federal, state, and local laws, regulations and ordinances. Any reckless or willful traffic violation may be cause for immediate disciplinary action against Contractor and/or the involved employee(s), including, but not limited to, termination of this Agreement. B. Any conviction of Contractor or its employees, contractors and/or agents 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 or misdemeanor driving while under the influence of alcohol and/or a drug while involved in a CPD tow shall be cause for removal of the individual from the list of current CPD authorized tow drivers and, at CPD's options, immediate termination of this Agreement. C. Contractor or any employee, contractor or agent of Contractor who is arrested/charged City Attorney Approved Version 9.22.10 21 for a violation involving any of the above crimes listed in section B, above, shall allow CPD, at its option, to immediately suspend this Agreement until the case is fully and finally adjudicated. COLLUSION A. Contractor and/or applicant shall not conspire, attempt to conspire, or commit any other act of collusion with any other entity and/or individual for the purpose of secretly, or otherwise, establishing an understanding regarding rates or conditions related to this Agreement that would bring about any unfair condition which could be prejudicial to CPD, the motoring public, or other tow truck operators. B. A finding by CPD that Contractor or any applicant has been involved in collusion shall be cause for denial of an application by any applicaton or shall immediately nullify the Agreement with Contractor. Any Contractor or applicant found to be involved in any act, or attempted act of collusion, shall be disqualified from participating in an agreement with CPD for the current term, plus, at least, three additional years. FINANCIAL INTEREST A The sale or transfer of the controlling interest of Contractor shall immediately terminate this Agreement. The new owner of Contractor may apply with the City for an agreement for tow services. The City and/or CPD has no obligation to enter into an agreement with tow services with the new owner of Contractor. B. A terminated or suspended Contractor shall not be eligible for a new agreement or any extension of the current Agreement during the duration of the suspension or termination. ADVERTISING Contractor shall not display any sign or engage in any advertisement indicating or implying an official or unofficial connection with the Carlsbad Police Department or the City. DISCIPLINARY ACTION A. All CPD-related tow service complaints received by CPD against Contractor and/oror Contractor's employees, contractors or agents will be accepted and investigated in a fair and impartial manner. Contractor will be notified of the results of any investigation. B. Should the filing of criminal charges be a possibility against Contractor, its employees, contractors and/or agents related to this Agreement, CPD will conduct the investigation to conclusion, or assist the lead investigating agency, and if warranted, request prosecution. C. The CPD Traffic Sergeant, or anyone in his/her chain of command, shall take disciplinary action against Contractor for violations investigated and sustained. Unless otherwise noted, the Traffic Sergeant and anyone in his/her chain of command shall determine the period of suspension or may cancel this Agreement. The Traffic Sergeant and anyone in his/her chain of command shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement. City Attorney Approved Version 9.22.10 22 D. Record of violations shall be retained by CPD for at least 24 months. E. A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until the period of suspension is completed and CPD has conducted an inspection and concluded Contractor is in compliance with all equipment requirements. F. A violation of the gross vehicle weight rating (GVWR) and safe loading requirements of a tow truck may be cause for immediate suspension. 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 laden front axle weight on the front axle when in tow. G. Contractor intentionally overcharging any person or a pattern of overcharging shall be, at CPD's option, cause for suspension or termination of this Agreement. If the Agreement is suspended, the suspension will remain in effect until the period of suspension is completed and Contractor has presented proof to CPD that reimbursement has been made to the aggrieved customer. H. Any unsatisfactory rating based upon any safety violation during the Biennial Inspection of Terminals (BIT) Program shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the operator has presented proof of compliance with the BIT requirements. Any unsatisfactory rating may be cause for suspension. I. Failure of Contractor to comply with the inspection requirement of this Agreement will result in a suspension. The suspension will remain in effect until the period of suspension is completed and Contractor has complied with the inspection requirement. J. Failure of Contractor to send tow drivers on CPD calls who are qualified and competent tow truck drivers shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and Contractor has presented proof to CPD that the tow driver is qualified and competent. K. Failure of Contractor to maintain the minimum insurance requirements set forth in the Agreement will immediately result in termination of this Agreement. L. Other than conduct that would result in an immediate termination of this Agreement, any alleged violation of the Agreement will be investigated by CPD and Contractor will be notified in writing of CPD's findings within 30 calendar days of the conclusion of the investigation. TERM OF DISCIPLINARY ACTION A. Except as specifically stated otherwise in the Agreement, minor violation of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner: 1. First violation within a 12-month period -letter of reprimand. City Attorney Approved Version 9.22. 10 23 2. Second violation within a 12-month period - 1 to 30-day suspension. 3. Third violation within a 12-month period-60 to 90-day suspension. 4. Fourth violation within a 12-month period -termination of the Agreement. NOTE: In lieu of termination, CPD may impose additional suspension for a longer period, if, in CPD's sole discretion, deemed appropriate. B. Nothing herein shall be deemed to prohibit the Traffic Sergeant or anyone in h is/her ch a i n of co m ma n d from immediately suspending any Contractor or mployee, contractor or agent of Contractor whose conduct, in the opinion of the Traffic Sergeant or anyone in his/her chain of command, is deemed to be a danger to the motoring public, a hazard to public safety and/or welfare, or who has engaged in conduct constituting a flagrant violation of the Agreement. C. In the event of a material breach of this Agreement, the City may immediately terminate this Agreement and Contractor shall not be permitted a hearing or appeal nor shall Contractor be given a period of time to cure the material breach. HEARING/APPEAL A. In the event CPD serves Contractor with disciplinary action, other than notice of termination of this Agreement, Contractor may request a hearing within seven business days by submitting a request in writing to the Chief of Police. If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the Chief of Police or his/her designee, and Contractor shall be entitled to represent all relevant facts and circumstances in support of contractor's position. Contractor shall be notified in writing of the Chief of Police's decision(s) within ten business days of the completion date of the hearing. B. Following a hearing, if Contractor is dissatisfied with the Chief of Police's decision(s), Contractor may appeal by submitting a request in writing to the City Manager within ten business days. If an appeal is requested, it shall be held as soon as practicable. The appeal shall be conducted by the City Manager or his/her designee. Contractor shall have the same rights as those provided at the Chief of Police level. Contractor shall be notified in writing of the decision(s) of the City Manager within thirty business days of the date of the appeal. The decision of the City Manager shall be the final level of administrative appeal. C. Unless the Chief of Police determines in his/her sole discretion that for the public's safety that a suspension must take effect immediately, a suspension shall not take effect until the hearing and appeal process has been exhausted. D. If Contractor fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the City and/or CPD shall be final and the suspension shall take effect upon written notification to Contractor. TOW STORAGE AND FEE SCHEDULE A. All tow fees and schedules charged will be consistent with the CHP, Oceanside City Attorney Approved Version 9.22.10 24 Area, tow and Private Property Impound rates in effect at the time services are provided. B. From time to time the CHP may increase the schedule of tow fees and private property impounds rates. When the rates are adjusted the Contractor may start charging the new CHP schedule rates upon notifying, in writing, the Traffic Sergeant. City Attorney Approved Version 9.22.10 25 t OPID: RB ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (IIII/DDIYYYY) ~ 04/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: ff the certificata holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. ff SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificat8 does not confer rights to the certificate holder in lieu of such s). PRODUCER ~TACT NAME: R.A. Storelee Insurance Agency PHONE I FAX Rob Storelee , .. ,,. .... ., ... : IAIC_ Nol: 321 First Street Suite 201 E-IIAIL ADDRESS: Benicia, CA 94510 PRODUCER m•:LACOS-1 Robert A. Storelee INSURERISI AFFORDING COVERAGE NAIC# INSURED La Costa Towing, Inc. INSURER A: Liberty Mutual Ins 23043 3155 Tyler Street INSURER&: Carlsbad, CA 92008 INSURERC: INSURERD: --~· INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· . REVISION NUMBER· . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POUCYi::,-r-l"Ul.a,TEXP LMTS LTR 1-1 ...... . " GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,00ll ,__ A X COMMERCIAL GEIERAI. LIABnJTY 25 CC 396244 20 04/15/2018 04/1512019 PREM1SEs1~1 $ 100,00ll I Cl.AIMS-MADE [!] OCCUR MEO EXP (Any one parson) $ 5,00( PERSONAL & ADV INJURY $ 1,000,00CI ,__ GENERAL AGGREGATE $ 2,000,00CI ,__ GEN'l AGGREGATE lNfT APPLIES PER: PRODUCTS • COMPIOP AGG $ 2,000,00C: rxi POLICY n ~ n LOC s AUT0IIOBLE UAmfiY COMBINED SINGLE LIMIT $ 1,000,oo«i ~ (Ea accident) A AHYAUTO 25 cc 396244 20 04/15/2018 04/1512019 ,__ BODILY INJURY (Per parson) $ ,__ ALL OWNED AUTOS BOOR. Y INJURY (Par accident) $ X SCHEDULED AUTOS PROPERlY DAMAGE ,__ $ X HIRED AUTOS (PER ACCIDENT) ~ NON-OWNED AUTOS $ X UNINSURED $ UMBRELLA UAB HOCCUR EACH OCCURRENCE $ ,__ EXCESSUAB CLAIMS-MADE AGGREGATE $ ,__ DEDUCTIBLE $ --· ~ RETENTION $ $ WORKERS COMPENSATION IT~~I 1°.J.t AND EMPLOYERS' UABIJTY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE • NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (llandaliory In NH) E.L DISEASE -EA EM'LOYEE S ~$CR~~ OF'ldarOPERATIONS below E.L DISEASE • POLICY LIMIT $ A ~GEKEEPERS LL 25 cc 396244 20 04/15/2018 04/15/2019 600,000 $1,000 Dec: .,/ ~NHOOK 25 cc 396244 20 04/15/2018 04/15/2019 600,000 $1,000Ded. DESCRIPTION OF OPERATION8 /LOCATIONS/ VEHICLES (Altach ACORD 101, Adllllonal Ranwllll Scbadule. If-apace la nqund) Towing Operations CERTIFICATE HOLDER CANCELLATION LACOSTA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN La Costa Towing ACCORDANCE WITH THE POLICY PROVISIONS. M Atanasovski PROOF OF INSURANCE AUTHORIZED REPRESENTATIVE 3155 Tyler Street ~a~ 1Cartsbad .. CA 92008 e 1988-2009 ACORD CORPORATION. All rights raserved. ACORD 25 (2009/09) The ACORD name and logo ant ragislared marb of ACORD LACOSTA-03 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. 1HIS CERTIFICATE DOES NOT AFARIIATlVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES BELOW. 1H1S CERTIACATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTttORIZED REPRESENTATIVE OR PRODUCER, AND'l'HE CERTIACATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on thie certificate does not confer to the certilicale holder in lieu of such endor8em s . INSURED La Costa Towing Milano 3155 Tyler SL cartsbad, CA COVERAGES CERTIRCATE NUMBER· . lnsmance Fund of callfomla 35076 INSURERS: INSURERC: INSURERD: INSURERE: IISURERF: REVISION NUMBER· . THS IS TO CERTIFY THAT THE POLICIES OF INS~ LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOIE. FOR 11-fE POLICY PERIOD IIIOICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN'f CONTRACTOROTI-ERDOCUMENT\MTHRESPECTIDWHICHTHS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 1-EREIN IS Sl.13.JECT TO All THE TERMS, EXCLUSIONS AND CON:>ITIONS OF SUCH POLICIES. LIMITS SHO\NN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSqlANCE ~ ~ POUCYNUIEER POUCYEFF POUCYEXP -UllllS COMIIERCIAL GENERAL UABIUTY EACH OCCURRENCE $ ICLAl~•OCCUR DAMAGE TO RENTED $ -MEDEXP'a--one--• s >------PERSONAL & ADV INJURY $ GEN'!.. AGGREGATE LIMIT APPLIES PER: GENERAL IIGGREGATE $ R::D~ DLOc PRODUCTS -COMPJOP AGG $ $ ~LEUABIIJTY ~~ SINGLE LIMIT $ -AN'f AUTO BOOILY INJURY $ -OIMIEO SCHEDULED ~ AUTOSONLY -AUTOS BODILY INJURY tf'tJr.............., $ ~ fflsoNLY -~ ~~}_!.{>AMAGE $ s lalBREU..AUAB H~~ EAOl OCCURRENCE s - EXCESSUAB AGGREGATE s OED I I RETENTION s s A WORKERS COMPEN&AllON xT~TlfTC I IW AND EIIPLOYERS' UABIUTY Y/N t17578872018 03/01'2018 03At1J2019 1,000,000 ANY PROPRJETORIPARTNERIEXECUTIVE [!] E.L EAOl ACCIDENT ~"i:-EXCLUDED? NIA $ ~-desai)e under EL DISEASE -EA EMPLOY!=! S 1,000,000 SCRIPTION OF OPERATIONS below EL DISEASE -POLICY UIIIT $ 1,000,000 ;:,:c""fflN OF OPERATIONS/LOCATIONS/VEIICI.ES (ACORD 101, Addilianal Rm1ar1cs Schedule., maybe llllached • -space is required) Information Purposes Only. CERTIRCATE H DER City of Carlsbad 2560 Orion Way carlsbad, CA 92010 ACORD 25 (201M»3) . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE 1HE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVERED IN ACCORDANCE WlTH THE P0UCY PROVISIONS. © 1988-2015 ACORD C0RPORA110N. Al rights r The ACORD name and logo are registered marks of ACORD / ~----.... ,., ... --o1o1---CRIO:JW"-1 ,,.._,......, IY 'NOU.YIIOcltOOGm:,v ... -• 0 ~i:J~ !IAll.nerzeal e,_.IIIY 'INOIIINW.A:lf'IOolatu.H&AmNWIIDO:N ti Glllallnila 'ill ,_ DlOII 'JTDII. a1WQ IOl~ itU. _,.. ca IWWW'.Ja Sillll10ilCIFSJ 1 •• iWJBW;afl.JO NfllnotS .. -~-----::.~----,allll==-==-=.,,,,,0,,,-,,-1 • • • ---~ 'c,w--• • U4EfJD9¥'Ma&O __ ... I. -NIIYWNOaBd __ .. l( :x I .... ::H ..,-,a _ _,,,,~, ~x IIQUWQ;N\Of!Oti x 9QUIVGilHN y 80.UIV CEf1l1GiM,18 y 8QUWO:INMC) '11V i-- OJffl'""' -ll ;,ui~ ~-LJ--l!. :aadmrwMi.-.~-.----------------------- amo~~C~ AU1l8WJ1 "'llr.:'lll~X y -~.,.._ w ~ -A:nN :r::mu -•illlol I&& llllWr.) 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JIIIICIO ..... ...,.._,.,.uc1111Tf I )I.' ,......cpi .................... .....-,A!lflDde111p-W•aepw--.-. on:aafqns 'C!Ww • JIIOILV9CJIIII• a .-puuq .... r-i:J '¥NI tlla 'ailllllll(a • 91......., 11 _..., "Ill ,e :JNW.u,oa "IEICl'10H al'f!Ul:Ml>En~CIN\f '1SOOOOHdllO ~V.iP' -:d!DI CBZ1H01W1V 1nt!IIIMNi fNf1III :illlJ. NDMliil8 .IDWllLNO:> Y aUWJ.SNO:> .ION 1EIOO lllNWffiN M> 31v:JHl>El:,J lfiL .MD"SB m'10d --Ml aaNO:f;N iiilfM8MX) ilKl BJ.-W BO cuaura .Clll:IIIV A'lMl.l.WSN uo A"IMLI.YmHN JON S'ilDCI ~w:ane:, 1IIHJ. llilCl10H ~~ .i, ~ 81HEA1 ON WI N>:t· CJIW AiNO NOU.~ ,IC) IS.UWI Y WW SI illWY.I~ IIKI. ~ I 3:>NYHnSNI AJ.1118Yn :10 3J. Y:)l:ll.1H3~ .a~ ~, mt :OlclO ; :•11 • J OJ,... • .., ·v lll',i 311 . ".-, .rc"M ':> i 117 !QT~ IYdV . N'd1lflSN I ffl:ul .."l v a 11 •. r • .iU u .ill J • Ut:, .., i ! a • ,6.PRil 6/201 E/MON Of: 41 AM R. A. S'roRELEE IN9.J&t1N ¥Al No. 1U114~ 31U~ ADDfflONAL INSURED ENDORSEMENT-OWNBRS, LESS.ED OR CONTRACTORS .. (FQRM B) 1bis ~ modfflcs msuruce providad under1he 1bllowmg: COMMERCIAL GENERAL LIABIUTY COVERAGE PART. SCHEDULE Nmne of Pellon or Orpaizatic,n: City of Carllbld,. ill offiecirt. ..... 111d employoos. ALL OPERATIONS THE INSURANCE AS PROVIDED BY nus POUCY lS PIUMAJlY .ifflD NON-CONTRIBUltNO OVER.M."Y otHBR. VALID AND CQt.U!Cl'ABLE INSURANCE. (If no entry appoars above_ infivmation requlrm to complere this endonemeDt 'Will bo abowu in tboDoclndon • tlHl-'Qblo to tlall cmdorsrmcDL) WRO JS AN .INSUABI> (Section II) is IIDHlllded to inolwlo • an iund the penon or«riadon cbowD in die &ilecllle. but ca1y wlCh n,apect to liability arisin& out of"yoar wade" h tllat imared by you. C020101093 r. UUL ~ LACOSTM»3 llf'UAI :----• '• .,,-, AC:C>RD' CERTIFICATE OF LIABILITY INSURANCE I DATE (IIIMJUiYYYY) --------07/31/2018 llftS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIRCATE DOES NOT AFRRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYntEPOL.ICIES BELOW. TtRS CERTIRCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND 'THE CERTIRCATE HOLDER. IMPORTANT: If the certificate holder Is an ADDl110NAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the tams and conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confer riahts to the certlflcale holder In lieu of such endorsementts). PAOOUCER License# Ul51776 liW?.CT Alvaro Sapiz HUB International Insurance Services Inc. ~-,cam 825-2681 I ~ _,:<951) 231.2572 POBox5076 San Ramon, CA 94583 ~-cal.cou@hubintemational.com INSUR_,.. AFFORDIIG COVERAGE NAIC# INSURER A : State Insurance Fund of Cdfornla 35076 INSURED INSURERB: La Costa Towing INSURERC: MIiano 3155 Tyler St. IISURERD: Carlsbad, CA INSURERE: IISURERF: COVERAGES CERTIRCATE NUMBER: REVISION NUMBER: THS IS TO CERTIFY THAT 1HE POLICIES OF INSlRANCE LISTED BELOW HAVE BEEN ISSUED TO 1HE INSURED NAMED ABOVE FOR 1HE POLICY PERIOD IIIOICATED. NOlVlffTHSTAIIOING ANY REQUIREMENT. TERM OR COIIOITION OF ANY CONlRACTOROTI-ERDOCUMENTVVITHRESPECTTOWHCHTHS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 1-EREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COIIOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ·~ TYPE Q" INSURANCE ~.!-~ POLICY NUIEER POUCYEFF POI..ICYEXP LIIIITS COIIIIERC1Al. GENERAL I..IAllllJTY EACH OCCURRBICE 5 I Cl.AIMS-MADE • OCCUR DAMAGE TO RENTED =--5 MED EXP tAnv one """""'I 5 ----- PERSONAL & ADV INJURY 5 - GEM.. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 ~POLICY •~ •Loe PRODUCTS -COMP/OP AGG 5 OTHER: $ AUT0ll0BILE lJABIUTY ~~SINGLEUMIT 5 - ANY AUTO BODILY INJURY !Per_, $ -OWNHl -SCHEDULED -AUTOSONLY ~ AUTOS BODILY INJURY -~ 5 ~ONLY ~~ti'? ~~DAMAGE s -- 5 I.WIIREI..LA UAB H~ EACH OCCURRBICE s - EXCEBSLIAB AGGREGATE 5 OED I I RETENTION$ 5 A WORKERS CCIW'ENSATION X l~mn= I I gi;1-1-AND EIIPl.OYERS' LIA8IUTY Y/N 117578872018 03/01rl018 03l01'2019 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIV [!] EL EACH ACCIDENT 5 ~?.:?Jm EXCLUDED? N/A 1,000,000 EL DISEASE -EA EMPlOYEE $ ~&:R~~PERATIONSbelow EL DISEASE -POLICY Ur.IT 5 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEtlCI..ES (ACORD 101, Addilional Ramrks Schedullt, 1MY be llllachad i llKll'e9pr8C8 is raqulr8d) For Information Purposes Only. . CERTIRCATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEU.B> BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W11H THE POLICY PROVISIONS. 2560 Orion Way Carlsbad, CA 92010 AUTHORIZED REPRESENTATIVE I ~ ACORD 25 (201MJ3) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD