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HomeMy WebLinkAboutA9296 - PLAZA TOWING INC. CONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Plaza Towing, Inc. Trent Butzlaff, plazatowing@gmail.com Heavy Towing for City Owned Vehicles and Equipment $75,000 Facilities: 5106560-50105 November 1, 2022 through October 31, 2025 Contract Administration Lead Department: Contract Administrator: Facilities Maintenance Daniel Martinez Contract Approvals Council Approval: Resolution Number: Agreement Number: N/A N/A A9296 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Yes Yes Yes N/A Contract Prepared By: Procurement and Contracting Submitted on: October 25, 2022 By: Brian Sotak-Rossman DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 1 of 19 CONTRACT SERVICES AGREEMENT A9296 HEAVY TOWING FOR CITY OWNED VEHICLES AND EQUIPMENT THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 1, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and PLAZA TOWING, INC., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a licensed and qualified firm, for heavy towing services for City owned vehicles and equipment, (“Project”). B. Contractor has submitted to City a proposal to provide heavy towing services for City owned vehicles and equipment, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 2 of 19 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $75,000.00. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 3 of 19 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on November 1, 2022, and ending on October 31, 2025, unless extended by mutual written agreement of the Parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 4 of 19 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Trent Butzlaff (name), Officer (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 5 of 19 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Trent Butzlaff Officer 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 6 of 19 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 7 of 19 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 8 of 19 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 9 of 19 writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Plaza Towing, Inc. Attention: Trent Butzlaff 83-827 Tamarisk Ave Indio, CA 92201 Phone: 760-219-8977 plazatowing@gmail.com 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 10 of 19 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 11 of 19 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PLAZA TOWING, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 11/10/2022 11/11/2022 11/14/2022 Revised 2.9.22 Page 12 of 19 EXHIBIT “A” CONTRACTOR’S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 13 of 19 1. General Requirements Contractor shall provide heavy towing services for City vehicles and equipment as outlined in this Scope of Work. 2. Scope of Work A. Contractor shall tow City vehicles and equipment to and from City Garage or to other facilities or locations as directed by authorized City personnel. B. Contractor shall extract vehicles or equipment from ditches, sand, or other inaccessible areas. C. Contractor shall perform tasks necessary to tow or deliver a vehicle. 1. Disconnect drive shaft, when being towed on drive wheels, or 2. Remove axles, when being towed on drive wheels, or 3. Use dolly when necessary or when (1) or (2) above cannot be completed. 4. Release air brakes for vehicles equipped with air brakes as necessary. 5. Secure drive shafting or muffler, etc., as necessary. 6. Attach magnetic lights (i.e., stop, tail, and turn) at rear of vehicle being towed. D. Contractor shall provide all necessary equipment, attachment, or tools to perform services. E. Contractor shall jump start vehicles and equipment. F. Towing and wrecker services will be required both inside and outside the Palm Springs city limits. G. Wrecker and towing services shall be available 24 hours per day, seven days per week to include holidays. H. The City shall have the right to use other wrecker companies. The determination to use other wrecker companies for emergency equipment shall remain at the sole discretion of the City. I. No cancellation fee will be allowed for cancellations before equipment has been dispatched; Contractor will be allowed to charge a minimum 1 hour fee if vehicle has already left the shop. J. Contractor must comply with all local, state, and federal laws and regulations pertaining to towing of vehicles. 3. Categories: A. Contractor must be capable of performing all tasks spelled out or implied by the below specifications for each group of vehicles. 1. Category 1 shall include but not limited to dump trucks, fire apparatus, brush DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 14 of 19 trucks, flatbed trucks, and other vehicles within a range from 19,001 GVWR to 34,000 GVWR. 2. Category 2 shall include but not limited to Fire Apparatus, dump trucks, self- propelled construction equipment, excavators, vactor trucks, airfield support vehicles, and all vehicles over 34,001 GVWR. B. Should a conflict occur concerning category of vehicle, the vehicles GVWR rating will be the deciding factor. C. Extra charges for loaded vehicles will not be permitted. 4. Response Time: Contractor will be required to respond to City calls (Police and Fire Department dispatchers and the City Garage) within a reasonable time. Reasonable time is generally determined to be 30 minutes. In the event the Contractor does not respond in reasonable time, the City shall reserve the right to arrange for services from another wrecker company and charge back the difference to the Contractor. However, the City’s right to use other wrecker companies for emergency equipment shall take precedence over the normal response time requirement. Conditions and situations which require the City to use other wrecker companies for emergency equipment, in lieu of the normal response time, will not be charged back to the Contractor. Frequent unreasonable delays causing excessive downtime for City equipment, shall be a cause for contract termination. 5. Contractor Quality Control and Superintendence: Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6. Administrative Requirements: A. All bills, tickets, or invoices shall be professionally printed on prepared forms and contain the company’s name and a sequential invoice numbering system . B. The following information will be required on each of the invoice/bills prior to submission for processing and payment. 1. City unit number 2. License plate number 3. Date of tow/service 4. Name and signature of police officer or City employee 5. City Garage’s purchase order number. Purchase order number will be secured from City Garage after completion of tow. For tows after working hours, holidays, or weekends, purchase orders will be secured the next working day. 6. Pickup and delivery point – explanation of added charges. C. Invoicing billing procedures: Invoices will be prepared and delivered to the City Garage at time of service. In cases where service was performed on a holiday or after hours, the DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 15 of 19 invoice/bill will be delivered the following working day. D. Vehicles delivered after working hours or holidays. 1. Will be parked at the City Garage in designated parking slots. In no case will vehicles be left in driveways. 2. Vehicle will be locked, and windows rolled up. 3. Vehicle’s key will be placed in the slot provided in the front door of the City Garage marked, “Keys”. 7. Pricing: 1. The pricing included in this Contract shall be firm for the first year. 2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside- San Bernardino-Ontario Areas. 3. The City will only pay for the items listed on the bid form. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal- to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items. . DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 16 of 19 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 17 of 19 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ___X_____ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 18 of 19 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Revised 2.9.22 Page 19 of 19 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/2/2022 (725) 206-2994 1981 (702) 869-2221 37273 Plaza Towing Inc. 83827 Tamarisk Ave Indio, CA 92201 19445 A 1,000,000 AXSPT-00667-04 9/20/2022 9/20/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A AXSAT-00667-04 9/20/2022 9/20/2023 3,000,000B EBU 010016897 9/20/2022 9/20/2023 3,000,000 A Garage Keepers AXSAT-00667-04 9/20/2022 Ded. $500/ $2,500 500,000 A Motor Truck Cargo AXSPT-00667-04 9/20/2022 9/20/2023 Deductible $1,000 500,000 Garage Keepers Liability: 83827 Tamarisk Ave Indio CA 92201 = $500,000. Deductibles $500/$2,500/$500 83750 Tamarisk Street Indio CA 92201 = $500,000. Deductibles $500/$2,500/$500 74823 Velle Way Palm Desert CA 92260 = $500,000. Deductibles $500/$2,500/$500 The City of Palm Springs, its officials, employees, and agents are named as an additional insured This insurance is primary and non-contributory over any insurance or self-insurance the City may have SEE ATTACHED ACORD 101 City of Palm Springs Department of Maintenance & Facilities 425 N. Civic Center Drive Palm Springs, CA 92262 PLAZTOW-01 TMESSINA Robertson Ryan - Southwest 12308 North Corporate Parkway, Suite 600 Mequon, WI 53092 Jayme Scalise jscalise@robertsonryan.com Axis Insurance Company National Union Fire Insurance of Pittsburgh PA Gen Aggregate 9/20/2023 X X X X X X X X DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Robertson Ryan - Southwest PLAZTOW-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Plaza Towing Inc. 83827 Tamarisk Ave Indio, CA 92201 SEE PAGE 1 TMESSINA 1 Description of Operations/Locations/Vehicles: Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 1 of 6 Endorsement No.Effective Date of Endorsement Policy Number Additional/Return Premium 9/20/2022 12:01 a.m. on If the above date is blank, then this endorsement is effective on the effective date of the policy. AXSPT-00667-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Unless specifically stated in this endorsement, all other terms, conditions and exclusions of the policy remain unchanged. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. The following is a summary of the limits additional coverages and extensions provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. SCHEDULE Blanket Additional Insured When Required by Contract Included Broadened Definition of Mobile Equipment Included Damage to Premises Rented to You Broadened Perils Liberalization Included Medical Payments Increased to $10,000 per person (unless excluded) Non-Owned Aircraft If rented or loaned with a paid crew Non-Owned Watercraft Increased to 51 feet long Notice of Occurrence Included Per Location and Per Project Aggregates Included Property Damage to “Customers’ Goods” Up to $10,000 per “occurrence” Property Damage to Borrowed Equipment Up to $10,000 per “occurrence” Revised Exclusion for Expected or Intended Injury Included Supplementary Payments Bail Bonds Loss of Earnings Up to $2,500 Up to $300 a day Unintentional Failure to Disclose Hazards Included Waiver of Transfer of Rights of Recovery Included DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 2 of 6 Changes to SECTION I - COVERAGES DAMAGE TO PREMISES RENTED TO YOU A. SECTION I - COVERAGE A., 2. Exclusions is amended to delete the last paragraph and is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 6.Subject to 5. above, the higher of $300,000 or the Damage to Premises Rented to You Limit shown in the Declarations is the most we will pay under Coverage A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT RENTED OR LOANED TO YOU WITH A CREW Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted in its entirety and replaced with the following: (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge. The following is added to g. Aircraft, Auto or Watercraft: (6)An aircraft not owned by any insured that is rented or loaned to you, provided that: 1.The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2.It is rented with a trained, paid crew; and 3.It does not transport persons or cargo for a charge. If other insurance applies to a loss because of “property damage” to non-owned watercraft or aircraft as described in (2) (a) and (b) or (6) above, the insurance provided by this Coverage Form does not apply whether the other insurance is primary, excess, contingent, or issued on any other basis. Changes to SECTION I - COVERAGE A - EXCLUSIONS EXPECTED OR INTENDED INJURY Exclusion 2. a. is deleted in its entirety and replaced by the following: a.Expected or Intended Injury “Bodily injury” or ‘property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. PROPERTY DAMAGE - BORROWED EQUIPMENT A.2. Exclusions, j. Damage to Property, (4) Personal Property in the care, custody or control of the insured; DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 3 of 6 does not apply to “property damage” to borrowed equipment while that equipment: 1.is not being used to perform operations; and 2.is away from an insured’s premises. B.The insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured whether primary, excess, contingent or on any other basis. C.SECTION III - LIMITS OF INSURANCE is amended to add the following: Subject to the General Aggregate provision, the most we will pay under this provision for “property damage” to borrowed equipment is $10,000 per “occurrence”. PROPERTY DAMAGE - “CUSTOMERS’ GOODS” A.Paragraphs (3), (4) and (6) of Exclusion j. of SECTION I - COVERAGES, COVERAGE A does not apply to “property damage” to “customers’ goods” while on your premises. B.The insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured whether primary excess, contingent or on any other basis. C.SECTION III - LIMITS OF INSURANCE is amended to add the following: Subject to the General Aggregate provision, the most we will pay under this provision for “property damage” to customers’ goods is $10,000 per “occurrence”. Changes to SECTION II - WHO IS AN INSURED ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU A.Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 4 of 6 b.Supervisory, inspection, architectural or engineering activities. 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Changes to SECTION III - LIMITS OF INSURANCE MEDICAL PAYMENTS The following applies only if Medical Payments Coverage is not excluded from the policy to which this endorsement is attached: Paragraph 7. is deleted in its entirety and replaced by the following: 7.Subject to paragraph 5, the Medical Expense Limit is equal to the Medical Expense Limit stated in the Declarations, subject to a minimum of $10,000 and is the most we will pay under Coverage C for all medical expenses because of “bodily injury” sustained by any one person. PER LOCATION AND PER PROJECT AGGREGATES SECTION III - LIMITS OF INSURANCE, is amended to add the following: A.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a covered “location” or covered construction project: 1.A separate Per Location or Per Project General Aggregate Limit applies to each covered “location” or covered construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Per Location or Per Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”, and for medical expenses under COVERAGE C, regardless of the number of: a.insureds; b.claims made or “suits” brought; or c.persons or organizations making claims or bringing “suits”. 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Per Location or Per Project General Aggregate Limit for each covered “location” or covered project for which payment is made. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other covered “location” or covered project’s general aggregate. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 5 of 6 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Location or Per Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a covered “location” or covered project: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Per Location or Per Project General Aggregate Limit. C.When coverage for liability arising out of the products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products- completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Per Location or Per Project General Aggregate Limit. D.Definition For the purposes of the Per Location and Per Project Aggregates, “location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E.If the applicable covered construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F.The provision of Limits of Insurance (Section III) not otherwise modified by this endorsement shall continue to apply as stipulated. Changes to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Item 8. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We agree to waive any right of recovery we may have against any person or organization with whom you have agreed by contract prior to an “occurrence” to waive such rights because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard”. The waiver applies only to the person or organization with whom you have agreed in a contract prior to an “occurrence” to waive such rights. NOTICE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event of Occurrence, Offense Claims or Suit: Your rights under the Coverage Part will not be prejudiced if you fail to give us notice of an “occurrence, offense, claim or “suit” and that failure is solely due to your reasonable belief that the “bodily injury” or “property damage” is not covered under this Coverage Part. However, you shall give written notice of this “occurrence” offense, claim or “suit” to us as soon as you are aware that this insurance may apply to such “occurrence” DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXP-0003 (01-17)Page 6 of 6 offense, claim or “suit”. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: 10.Based on our reliance on your representations as to existing hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of the Coverage Part, we shall not deny coverage under this coverage Part because of such failure. LIBERALIZATION SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: 11.If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Changes to SECTION V - DEFINITIONS 12. Mobile Equipment, paragraph f. (1) is amended to add the following: This shall not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. The following definition is added: 23.“Customers’ goods” means tangible personal property belonging to your customers and left with you for storage, service or repair. “Customers goods” does not include: a.Accounts, bills, currency, deeds, food stamps or other evidences of debt, money, notes or securities. Lottery tickets held for sale are not securities; or b.Animals; or c.Contraband, or property in the course of illegal transportation or trade; or d.Personal property while airborne or waterborne; or e.Property that is covered under another coverage form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; or f.Vehicles or self-propelled machines (including aircraft or watercraft) that are licensed for use on public roads. This paragraph does not apply to: (1)Vehicles or self-propelled machines, other than autos, you hold for sale; or (2)Rowboats or canoes out of water at the described premises; The following property while outside of buildings: (1)Grain, hay straw or other crops; (2)Fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or plants (other than trees, shrubs or plants held for sale) DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 KDXCP-0016 (01-17)Page 1 of 1 Endorsement No. Effective Date of Endorsement Policy Number Additional/Return Premium 9/20/2022 12:01 a.m. on If the above date is blank, then this endorsement is effective on the effective date of the policy. AXSPT-00667-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLY NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies coverage provided under the following: COMMERCIAL PACKAGE POLICY It is agreed that: SCHEDULE 1. Name: Blanket as required by written contract 2. Number of Days Notice: 30 As per Schedule of certificate holders on file with Agency For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in either the cancellation condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. This does not apply to Non Payment of Premium. All other provisions of the Policy remain unchanged. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 1 of 4 Endorsement No.Effective Date of Endorsement Policy Number Additional/Return Premium 9/20/202212:01 a.m. on If the above date is blank, then this endorsement is effective on the effective date of the policy. AXSAT-00667-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provide under the following: BUSINESS AUTO COVERAGE FORM Unless specifically stated in this endorsement, all other terms, conditions and exclusions of the policy remain unchanged. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. The following is a summary of the limits, additional coverages and extensions provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Schedule Blanket Waiver of Transfer of Rights of Recovery Included Broadened Definition of Who Is An Insured Included Loss of Use Expenses Up to $50 a day / $750 Maximum Revised Deductible for Glass Damage Included Supplementary Payments Bail Bonds Loss of Earnings Up to $2,500 Up to $300 a day Transportation Expenses Up to $50 a day / $1,500 Maximum Unintentional Failure to Disclose Included Auto Loan/Lease Gap Coverage Included DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 2 of 4 I. Changes to SECTION II – LIABILITY COVERAGE A.Coverage, 1. Who Is An Insured is amended to add the following: d. Any organization you newly acquire or form during the policy period provided you own 50% or more of the business entity. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an “insured” under another liability policy or would be an insured under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to “bodily injury” or “property damage” that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. e. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of a written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered “auto”. However, the insurance provided will not exceed the lesser of: (1)The coverage and/or limits of this policy, or (2)The coverage and/or limits required by said contract or agreement. f. An employee of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, (2) and (4) are deleted in their entirety and replaced with the following: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $300 a day because of time off from work. II. SECTION III – PHYSICAL DAMAGE COVERAGE is amended to add the following: A.Coverage, 4. Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following: a.Transportation Expenses We will pay up to $50 per day, to a maximum of $1,500, for temporary transportation expense incurred by you because of the total theft of a covered “auto” of the private passenger type. We will pay only for those covered “autos” for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss”. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 3 of 4 A.Coverage, 4. Coverage Extensions, b. Loss Of Use Expenses is deleted in its entirety and replaced with the following: b.Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $750. D. Deductible is deleted in its entirety and replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning and no deductible applies to glass damage if the glass is repaired rather than replaced. III. SECTION IV – BUSINESS AUTO CONDITIONS is amended as follows: A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any “accident”, provided that the “accident” arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. A. General Conditions, 2. Concealment, Misrepresentation Or Fraud is amended by adding the following: 2. Concealment, Misrepresentation Or Fraud The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. IV. Auto Loan/Lease Gap Coverage is added as follows: For those businesses not listed as “auto” dealerships in the Declarations, the following provisions apply: If a long term leased “auto”, under an original lease agreement, is a covered “auto” under this Coverage Form and the lessor of the covered “auto” is named as an additional insured under this policy, in the event of a total loss to DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Includes copyrighted material of Insurance Services Office, Inc., with its permission KDCXA-0003 (01-17)Page 4 of 4 the leased covered “auto”, we will pay any unpaid amount due on the lease or loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: a.Overdue lease/loan payments at the time of the “loss”; b.Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c.Security deposits not returned by the lessor; d.Costs for extended warranties, credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and e.Carry-over balances from previous loans or leases. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 KDCXA-0004 (01-17)Page 1 of 1 Endorsement No. Effective Date of Endorsement Policy Number Additional/Return Premium 9/20/2022 12:01 a.m. on If the above date is blank, then this endorsement is effective on the effective date of the policy. AXSAT-00667-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLY NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies coverage provided under the following: COMMERCIAL COVERAGE FORM CA 00 01 It is agreed that: SCHEDULE 1. Name: Blanket as required by written contract 2. Number of Days Notice: 30 As per Schedule of certificate holders on file with Agency For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in either the cancellation condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. This does not apply to Non Payment of Premium. All other provisions of the Policy remain unchanged. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 POLICY NUMBER: AXSAT-00667-04 COMMERCIAL AUTO CA 20 01 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 01 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 2 LESSOR – ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the Policy effective on the inception date of the Policy unless another date is indicated below. Named Insured: Plaza Towing Inc. Endorsement Effective Date: 9/20/2022 SCHEDULE Insurance Company:AXIS Insurance Company Policy Number:AXSAT-00667-04 Effective Date: 9/20/2022 Expiration Date: 9/20/2023 Named Insured: Address: Additional Insured (Lessor): Blanket as required by written contract Address: Designation Or Description Of "Leased Autos": DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Page 2 of 2 © Insurance Services Office, Inc., 2019 CA 20 01 11 20 Coverages Limit Of Insurance Or Deductible Covered Autos Liability $ Each "Accident" $ Deductible For Each Covered "Leased Auto"Comprehensive $ Deductible For Each Covered "Leased Auto"Collision $ Deductible For Each Covered "Leased Auto" Specified Causes Of Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1.Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2.For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a.You; b.Any of your "employees" or agents; or c.Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3.The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1.We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2.The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3.If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1.If we cancel the Policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2.If you cancel the Policy, we will mail notice to the lessor. 3.Cancellation ends this agreement. D.The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Policy Number Symbol: Number: Policy Period TO Effective Date of Endorsement Issued By (Name of the Insurance Company) Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1.( ) Specific Waiver Name of person or organization: ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium: The premium charge for this endorsement shall be percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Minimum Premium: _______________________________________ Authorized Agent WC 99 03 22 DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED AUTOS ONLY NON-OWNED AUTOS ONLY AUTOS AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acct#:2741121 5/9/2022 Lockton Companies 844-290-4908444 W 47th Street, Suite 900 Kansas City, MO 64112-1906 BBSIcerts@locktonaffinity.com Ace American Insurance Co.22667 Barrett Business Services, Inc. L/C/F PLAZA TOWING, INC. 83827 TAMARISK AVE INDIO, CA 92201 A X C70010185 6/1/2022 6/1/2023 X 2,000,000 2,000,000 2,000,000 Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract CITY OF PALM SPRINGS DEPARTMENT OF MAINTENANCE AND FACILITIES425 N CIVIC CENTER DRIVEPALM SPRINGS, CA 92262 DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Policy Number Symbol: Number: Policy Period TO Effective Date of Endorsement Issued By (Name of the Insurance Company) Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1.( ) Specific Waiver Name of person or organization: ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3. Premium: The premium charge for this endorsement shall be percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Minimum Premium: _______________________________________ Authorized Agent WC 99 03 22 Barrett Business Services, Inc. L/C/F PLAZA TOWING, INC. 83827 TAMARISK AVE INDIO, CA 92201 C70010185 6/1/2022 6/1/2023 6/1/2022 Ace American Insurance Co. X INCLUDED INCLUDED DocuSign Envelope ID: B4BD8E4A-063F-40D3-8D10-A908D87DC450