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HomeMy WebLinkAboutCALIFORNIA YELLOW CAB-2016CD U INSURANCE ON ME WORK MAY RR)OSED Nl1L1NS�RA�CFE FRES DATE: SITE LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA ANIS CALIFORNIA YELLOW CAIS RFP NO. 16-081 DO NOT RECORD THIS LICENSE AGREEMENT ("Agreement") is spade and entered into this tat day of August, 2016, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and existing under the constitution and laws of the State of California, herein referred to as "Licensor", and California Yellow Cab, herein referred to as "Licensee". RECITALS: A. The City of Santa .4na desires to provide taxi cab pick up and drop off services at the Santa Ana Regional Transportation Center as part of a multifaceted transportation system for patrons. After reviewing various proposals, City desires to contract for such services with Licensee. B3 Licensee represents that it is qualified to provide such taxi cab services to City. In undertaking the performance of this Agreement, Licensee represents that it is knowledgeable in its field and that any service performed under this Agreement will be ,performed in compliance with all required standards of the United States Department of Transportation and include all City, County, and State licenses. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto agree as follows: ARTICLE I—TERIVIS OF LICENSE Section 1.01 License Area and Use (a) Licensor owns the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"), commonly known as The Santa Ana Regional Transportation Center ("SARTC") located at 1000 East Santa Ana Boulevard, Santa Ana, California, Licensor grants to Licensee the privilege of a personal, non-exclusive, revocable license {"License") to encroach upon the "License Area", as herein described and shown in general in Exhibit "B", attached hereto and incorporated herein by reference, for the purpose of accommodating up to three (3) taxi cabs at any given time for pick up and drop off of passengers and for no other purpose. A-2016-201 DO NOT RECORD (b) The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Property in its entirety for public purposes to which it presently is and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the License Area and to exercise this License at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Property by Licensor. (e) Licensee hereby acknowledges that title to the Property is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of License Area shall be referable solely to the permission herein given. Section 1.02 Term (a) The term of the Agreement for the License Area ("Term") shall be one (1) year commencing on August 1, 2016 ("Commencement Date") with three (3), one (1) -year extensions which are exercisable at Licensor's sole discretion. Earlier termination of this License shall be in conformance with Section 5.02. Section 1.03 Compensation/Consideration (a) Upon the Commencement Date, Licensee shall pay to Licensor monthly compensation in the amount of $500.00 per month ("Compensation") for use of the License Area. Compensation will be due upon execution of this Agreement and thereafter on or before the 10th of each month, payable to "The City of Santa Ana" and remitted to: City of Santa Ana M- 13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment hereunder due but unpaid. (b) Licensee's monthly compensation payments shall be subject to an automatic annual adjustment of two and one-half percent (2.5%) per year or CPl - Los Angeles — Riverside — Orange County, All Urban Consumers, whichever is greater, throughout the life of the Agreement. (c) For any Renewal Term, Licensee shall pay the then current compensation, increased by two and one-half percent (2.5%) or CPI, whichever is greater. (d) Any holding over after the expiration of the Term or Renewed Term, with the consent of Licensor, shall be construed to be an extension from month to month and shall otherwise be consistent with the terms and conditions contained herein. DO NOT RECORD Section 1.04 Non -Possessory Interest Licensor retains full possession of the License Area and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. Section 1.05 Non -Recording Neither party shall record this Agreement, ARTICLE 2 -- TAXES AND UTILITIES Section 2.01 Taxes Licensee is responsible for all sixes on the License Area. ARTICLE 3 — IMPROVEMENTS AND ACCESS Section 3.01 Licensee's Responsibilities. (a) Licensee shall hold title only to Licensee's property and any equipment placed on the License Area by Licensee. Licensee shall be responsible for the cost of repairing any damage to the License Area and will leave the License Area in satisfactory condition as approved in writing by Licensor. Licensee shall be required to remove all of its property/equipment upon expiration/termination of the License. Any personal property, equipment or other improvements that are not removed within thirty days of days of expiration/termination shall become the property of Licensor, at Licensor's option. (b) Each party shall provide access to the License Area to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day; seven (7) days a week Licensor represents and warrants that it has full rights of ingress and egress to and from the License Area, and hereby grants such rights to Licensee to the extent required to maintain, and operate within the License Area. Licensee's exercise of such rights shall not cause undue inconvenience to Licensor. (c) Licensee shall maintain License Area in a clean condition. Any special or intense cleaning, beyond routine maintenance, required to maintain the area in a clean condition, shall be the responsibility of the Licensee. Licensee shall at its sole cost and expense, be responsible for improvement DO NOT RECORD and repair of the License Area, the Property, or to access roadways or other nearby facilities occurring from damages caused by Licensee, its employees, agents, contractors, and subcontractors. All improvements and repairs are to be coordinated by the City utilizing City approved vendors. (d) Quiet Enjoyment. Upon Licensee paying the license fee reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on Licensee's part to be observed and performed hereunder, Licensee shall have quiet possession of its License Area for the entire term hereof, subject to all the provisions of this License. (e) Licensee shall enforce a company dress code which will provide uniformity in the dress and appearance of all of its employees, as welt as in the presentation of its vehicles. (1) All of the vehicles in Licensee's fleet must be kept clean, in good repair and a like -new condition. All vehicles shall be uniforrn in appearance and color, clearly displaying the company logo and phone number. (g) Licensee shall provide a list of the primary drivers for SARTC which shall be updated by Licensee periodically as needed. (h) Licensee shall provide taxicab service at the SARTC from 5:00 a.m. to 12:00 a.m. on a daily basis. During peak periods of 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 7:00 p.m., Monday through Friday, Licensee will provide a minimum of three taxis. (i) Licensee shall maintain its Orange County Taxi Administration Program (OCTAP) licensing and certification. Failure to maintain such OCTAP certification shall be cause for Licensor to immediately terminate this Agreement. (j} fn addition to all responsibilities denoted above, Licensee shall perform all other services required by the L,icensor's Request for Proposals (#16-084) and contained in Licensee's Proposal submitted July 8, 2016. Both documents shall be maintained by the City of Santa Ana Department of Public Works and the responsibilities contained therein are hereby set forth as if attached in their entirety and incorporated into this Agreement by reference. Section 3.02 Liens Licensee will not permit any mechanics' or materialmens' or other liens to stand against the License Area by reason of any use or occupancy by Licensee, or any person claiming under Licensee. DO NOT I.ECORD ARTICLE 4 — INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, hold Harmless Licensee shall indemnify, defend, and hold harmless City, its officers, employees, agents and representatives, from and against any and all claims, demands, suits, and causes of action, and from and against all losses and expenses (including attorney's fees,) liability, or consequential damages of any kind or nature arising out of or in connection with the Licensee's (or Licensee's subcontractors, if any) entry on or use of the License Area, other than damages resulting from City's gross negligence. Licensee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Licensor, including fees and costs for special counsel to be selected by Licensor, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms or, or effects arising from this Agreement. Licensor may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance Licensee shall obtain and furnish to Licensor a policy of commercial general liability insurance including motor vehicle coverage for all vehicles in Licensee's fleet of cars servicing the License Area. The policy shall indemnify Licensee and Licensor, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Area, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence, $2,000,000 in the aggregate. Licensor also requires an Additional Insured Endorsement in substantially similar form as Exhibit C. The policy shall name the City of Santa Ana, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that Licensee's insurance coverage shall be primary, Under no circumstances shall the above-mentioned insurance contain a "deductible" or any other similar form of limitation on the required coverage. Licensee is required to give the Licensor no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Licensee to furnish insurance during the term of this Agreement. Failure to comply with the insurance provisions contained herein shall be deemed an event of default under this Agreement. Licensee shall maintain the required insurance certificates in accordance with the terms of this Agreement as well as pursuant to the Orange County Taxi Administration Program (OCTAP) standards. Section 4.03 Certificates of Insurance; Additional Insured Endorsements DO NOT RECORD Prior to execution of this Agreement, Licensee shall furnish to Licensor certificates of insurance and additional insured endorsements to each of Licensee's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or mortified without thirty (30) days prior written notice of Licensor; and 4. Licensee shall provide the onsite Property Manager with an up to date list of the license plate numbers for each of its insured vehicles. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Licensor by Licensee under the Agreement. Licensor or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within ten (10) days of Licensor's request. ARTICLE 5 — TERMINATION AND DEFAULT Section 5.01 Termination in the Event of Casualty or Condemnation (a) In the event of any damage, destruction or condemnation of the License Area, which renders the License Area unusable or inoperable in Licensor's judgment, Licensee shall have the right, but not the obligation, to terminate the Agreement with respect to the subject License Area by giving written notice to Licensor within thirty (30) clays after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Licensor determines that the License Area is no longer adequate for Licensee to continue its operations, or any repairs to the License Area have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This License Agreement will become mull and void. (b) In the event of condemnation, unless Licensee is allowed by the condemning authority to continue its operations in the License Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Licensee is required to cease .its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Licensor. DO NOT RECORD Section 5.02 'termination/Events of Default (a) In the event of a monetary default by Licensee, Licensor shall provide written notice to Licensee detailing the amount owed and demanding payment, If the monetary default is not cured within fifteen (15) days of the written notice, Licensor may terminate the Agreement. (b) Licensor shall have at its sole discretion the option of terminating this Agreement if Licensee loses its license to provide taxi cab transportation services for any reason. Licensee shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for immediate termination of this Agreement. (c) Failure of Licensee to maintain Current insurance coverage in the amounts and pursuant to the terms contained herein shall constitute default of contract which shall be cause for immediate termination of this Agreement. (d) Failure of Licensee to maintain current OCTAP certification and required permits shall constitute default of contract which shall be cause for immediate termination of this Agreement by Licensor. ARTICLE 6 - ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.O1 Assignment Licensee may not assign this Agreement. This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right upon any third party. Section 6.02 Abandonment by Licensee Should Licensee breach this Agreement and abandon the License Area prior to the expiration of the "term or Renewal Term, Licensor may: (a) Continue this License in effect by not terminating Licensee's right to the License Area, in which event Licensor shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the compensation/consideration specified in this Agreement as it becomes due under this Agreement; or (b) Terminate this Agreement and recover from Licensee: DO NOT RECORD The amount necessary to compensate Licensor for all detriment proximately caused by Licensee's failure to perform its obligations under this Agreement, including the monthly license fee for up to six months, during which time City shall negotiate with another provider to obtain replacement taxi services. When such services are again in place, or after six months, whichever occurs first, Licensee's obligation to pay monthly license fee shall terminate. Section 6.03 Insolvency of Licensee The insolvency of Licensee as evidenced by a receiver being appointed to tAe possession of all or substantially all of the property of Licensee, or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain possession of the License Area, Section 6.04 Cumulative Remedies The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.05 Waiver of Breach The waiver by Licensor of any breach by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Licensee either of the same or another provision of this Agreement. ARTICLE 7—TIAZARDOUS MATERIALS Section 7.01 A. At the time of execution of this License, Licensor warrants that the License Area is clean and contains no known hazardous materials, Licensee represents and warrants that it will comply with all environmental laws during the term of this License; its use of the License Area herein will not generate any hazardous substance, and it will not store or dispose on the License Area nor transport to or over the License Area any hazardous substance. Licensee further agrees to clean-up and remediate any hazardous substance on the License Area and Property, and hold Licensor harmless from and indemnify Licensor against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or DO NOT RECOP,D promulgated in the f4wre, as such laws, regulations or rules may be amended from time to time, and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease, B. Licensee must keep its License Area clean and free of graffiti, trash and debris and any substances emitted from or related to maintenance of its vehicles, including but not limited to, substances such as oil, gasoline, transmission fluid, etc. ARTICLE 8 — MISCELLANEOUS Section 8.01 Force Majeure —Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act. Section 8.02 Notice Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party concerned as follows: To Licensor: and, Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (NI -21) P.O. Box 1988 Santa Ana, CA 92702 Telefaosimile (714) 647-5069 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 DO NOT RECORD To Licensee: California Yellow Cab 520 West Dyer Road Santa Ana, CA 92707 Telefacsimile (714) 438-0405 ATTN: Tim Conlon A party may change its address by giving notice in writing to the other party. Thereafter, any comununication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by telefacsimile, communication shall be effective or deemed to have been given twenty -Four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Section 8.03 Compliance with Laws Licensee shall at Licensee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Licensee's use and occupancy of the License Area and whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission- by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Licensor and Licensee and shall be considered grounds for termination of this Agreement by Licensor. Licensee will obtain all permits and other governmental approvals, required in connection with Licensee's activities hereunder, and update such permits/approvals as necessary. Section 8.04 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. "the provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section 8.05 Partial invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall 10 DO NOT RECORD remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.06 Waste or Nuisance Licensee shall not commit or permit the commission by others of tiny waste on the License Area. Licensee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the Californiania Civil Code on the Premises or License Area; and Licensee shall not use or permit the use of the License Area for any unlawful purpose, Section 8.07 Repairs Licensee shall be required to make any repairs to the License Area occurring from damages caused by Licensee, its employees, agents, contractors, and subcontractors. All improvements and repairs are to be coordinated by the City utilizing City approved vendors. Section 8.08 Time of Essence Time is expressly declared to be of the essence in this Agreement Section 8.09 Governing Law This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of. this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Section 8.10 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.11 Conflict of Interest Licensee covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of this License Agreement specified herein. Section 8.12 Attorney's Fees DO NOT RECORD In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.13 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Licensor and Licensee respecting the License Area, the licensing of the License Area to Licensee, or the license Term herein specified, and correctly sets forth the obligations of Licensor and Licensee to each other as of its date. Any agreements or representations respecting the License Area or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and aclmowledgad by Licensor and Licensee, or their successors in interest. Section 8.14 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.15 Non -Discrimination Licensee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Licensee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 12 DO NOT RECORD W WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: MAAZAR Clerk of'the Council Sonia R. Carvalho City Attorney By _Lc Kyle lesen Depu y City Attorney PIG URRU FM FRET MOUSAVIPO` Exe utive Director Public Works Agency CITY OF SANTA ANA V L Z DAVID CAVAZOS� City Manager 13 LICENSEE: By: - F- Titin: Tax ID # 3- 07 23 3!x4 ����' fq�.�•r*,=;• .�,• ', ��,��g\yd's" 1 � i � '� � L \`+s "'3 n.'a" u n� VSA +r` � . E � j r r • jjs^� 1.�f e XtAnK(t+]liab0a ° 1 x T �t i4 raRr wi .✓r . w# 1 F� � y�+Center � f'1�• � ''>•/'� a +. T� h1Pl f w.�^'it d. \rs».iS�A'at:..y ke.n 'u'� ��+1�>,� I Aa 6 �I�� � ��ti t�!�? .(r xap a q ��y.��� _• 'Aw 11 [ t •e t ✓ ri .i '" 1i �x � H frh rt ,yr w� s g�t• L* r ' i BI I i �' •ntr Pli "A4 "� � ° �Ssntyt'Ane I?egrona� wV �'e I`C'.S .:Trsns 4 .. yg + 5 aiva•n�ia 5�+z i >regreunk'E Puf � n .rte•: . tF 1i f 177 aJ 3 5 Santa Md, Remilonnl L i Yy, roF MIX f f, �. � ��Sx': � �'Qt.N, + . r . � ,x�n t��•aaes� _ 177 aJ 3 5 177 DO NOT RECORD Exhibit C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability, The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 16 A�CO20® CERTIFICATE OF LIABILITY INSURANCE 7/28/2016DIvvvv) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may rsqulre an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Woodruff -.Sawyer & Co. 50 California Street, Floor 12 Sen Francisco CA 94111 CONTACT PHONE PAX . 415-391-2141 A U 415-989-9923 ADDRESS DARE INSURERS AFFORDING COVERAGE NAICq X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 OCCUR INSURER A:Chubb Custom Insurance Company '38989 INSURED AMERLOG-01 INSURER B: Cabco Yellow, Inc. dba John Wayne Airport Yellow Cab Service 520 W Dyer Rd„ Suite A INSURER C: INSURER O: INSURER E: _ Santa Ana CA 92707 INSURER F: —r COVERAGES CERTIFICATE NUMBER: 463049216 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE INSO I aR� WVO POLICY NUMBER POLICY EFF MMIODIYYYY PO ICY EXP nAMIDDNYYYI -- LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 OCCUR Y 79965269 11/1/2015 111112016 EACH OCCURRENCE $1,000,000 DA LED PREMISES Ex occuoenca 1 $100,000 U, MED PXP (Any one person) $5,000 I _— PERSONAL& ADV INJURY $1,000,000 CENT AGGREGATE LIMIT APPLIES PER'_ X POLICY 0jECT LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG $2,000,000 S OTHER: AUTOMOBILE LIABILITY DINED SINGLt LJMI I $ ANY AUTO BODILY INJURY'(Perperson) $ AUTOS NED AUI7iO5ULE0 HIRED AUTOS NON -OWNED AUTOS BODILY INJURY(Peracclden0 $ PROPERTY A GE Per accldenl $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAS CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OR"' STATUT ER E.L. EACH ACCIDENT $ — ANY PROPRIETORIPARTNEWEXECUTIVE ❑ OFFICER1MEMSER EXCLUDED? NIA - E.L. DISEASE - EA EMPLOYEE $ (MandatorylnNH) Dfyyes, describe under ESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (ACORD 101, Additional Remarks Schiedam, maybe attached if more space Is required) The City of Santa Ana, its agents, officers, employees and volunteers are Included as additional insured as required by written contract. REVIEWED 6Y: EUNICF HE 11A (PC City of Santa Ana 20 Civic Center Plaza PO Box 1988 Santa Ana CA 92702 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988.2814 The ACORD name and logo are registered marks of ACORD reserved. Liability Insurance Endorsement Policy Period 1101 201 i it) l l 1 _'U 16 Effective Date t 1 01 2015 PolicyNumder 't1 t65?6t1 Insured American Lngistic Company LLC Name Of Company Chubb Custom Insurance Company Date Issued 11 01 2015 This Endorsement applies to the following forms (ieneuul 1. iEihilil\, Under Who Is An Insured, the I'olkm uip proersionis added. Who is An Insured Additional insured- Person, or organizan nsg1:own in the Scheduenic insureds; hat they an insureds only d'you Eire Scheduled Person obligated pursuant to a c(r.Ruct or rtgrccntcnt to pt E)% du them wait such insurance ns is al'I'arded by Or Organization [hispohcy. I i cm vwr, the person or organ van on Is an insured on 1). IIand then Drily to lie exient the pcison or orguntztu mn a described in Iho Schedule; to do Went such comae( nr apreclnunl requires the person ororgunizutionto he afforded status an an insured, for acdvities that did not occur. in whole or in part. betbre the execution of the contractor agrccn;ent; and with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: that is more specifically iden ti tied under any Either provision of the Who Is An Insured section I regardless of any limitation applicable tharet(,). Liabllity Insurance gddrhunal Insured- Scheduled Person Or Orgenuation continued Forth 80-02-2367 (Rev. 5-07) Entlorsemenf page I RGVIF..V4t3U f1Y,_ EUNICE HEREUTA (Nc�2,0r5 Who Is An Additional Insured - with respect to an}assumption of liabilin•(ofancther person or organization)by them in a Scheduled Person contract or agreement This limitationdocs not apply tothe Iiabilityfor damages,loss, cost or Or Organ/zation expenscfor injury or damage, m which this insurance applies,that the person or organization (continued) would have in the absence ol'saeh contractor agreement. I Inelcr Conditions, dm tollowinp provision in added to the cnndit ion ruled Other Insurance. Conditions Otherinsurance— I r yon are ohl igated,pursnanno a contract or agreenienI. to pro% ide the person or organizat it Primary, Noncontributory shown in IIie Schedulewith pnmar% ini.uancr suds as is atTorded br thin put icy, then in Such case Insurance— Scheduled (his insurance is primary and we gill nut seek cur.tribulion Itom tFIN uran C nvaiInhIC to such pervun Person Or Organization or organization. Schedule: AS REQUIRED PER WRITTEN CONTRACT FOR ENTITIES WHOM THE INSURED IS PROVIDING SERVICES TO, All other tennis mrd conditionsremain unchanged. Liability lnsurence Arimnnnallnsured. Schaduted Person Or Organization last page Fomr 00-02-2367 (Rev. 5-07) Endorsement Page 2 REVIEWED 6Y: EUNICE HEREDIA(Pr 20FA�) Client#:1252974 303CABC0YEI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYV) TYPE OF INSURANCE 7/27/2016 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: It the certificate holder is an ADDITIONAL INSURED, the policy(les) must be andorsetl. If SUBROGATION IS WAIVED, sub)act to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER p NAME: Masoud Shahri BS&T-John Burnham Ins Services acc° Ne E.1:819 231-1010 ac No: 6192369134 750 B Street Suite 2400 EMAIL San Diego, CA 92101 AODREss: 619231-1010 INSURERISI AFFORDING COVERAGE MAID If _ INSURER A: Wesco Insurance Company 25011 INSURED Cabco Yellow Inc INSURER B : INSURER C : dba California Yellow INSURER D 520 West Dyer Road INSURER E Santa Ana, CA 92707 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDp LTRR_ IM" TYPE OF INSURANCE INDS LUNO POLICY NUMBER POLICY EFF EECgLLpAIMS. MMI0I DIYYV`l LIMITS COMMERCIAL GENERAL LIABILITY II�� CLAIMS -MAGE a OCCUR EACH OCCURRENCE $ AqMIUAq EETT PREMI9EEOEe occurtenceI $ MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO.PRODUCTS POLICY __- LOC GENERAL AGGREGATE $ -COMPIOP AGO $ OTHER: IS A AUTOMOBILE LIABILITY WPP105185203 10/01/201510/01/201 EOa Gdd.nnISINGLELIMIT 1,000,000 ANY AUTO ALLOWNED SCHEDULED AUTOS X AUTOS HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per acdtlent) $ PROPERTY DAMAGE Psrsccltlent $ UMBRELLA LIAR EXCESS LAS ---y----------- OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ CED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PECUTIVE�OICIMEM OO FFppRpgEqIXRLUEI NIA O7H- AILIEER E.L. EACH ACCIDENT $ EA. DISEASE - EA EMPLOYEE $ (Mandatory In NH) I yea, deecrlbe under E.L. DISEASE -POLICY LIMIT $ — DESCRIPTION 0ROPERATIONS Inelow r REVIEWED BY: EUNICE HEREDIA (PG flO!'C D DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 901, Addltlonal Remarks Schedule, may be attached If more space is required) Certificate is subject to policy limits, conditions and exclusions. 30 Days Notice of Cancellation; 10 Days for Non -Payment The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as Additional Insured (AL) per the captioned operations of the named insured. Coverage is primary and non-contributory. City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Attorney ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza (M-29) Po Box 1988 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 oil The ACORD name and logo are registered marks of ACORD #S16586653/M14870680 CMCRO POLICY NUMBER: WPPI051852 03 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provislons of the Coverage Form apply unless modi- fied by this endorsement. This endorsement Identifies person(s) or organizations) who are 'Insureds" under the Who Is An Insured Provl- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 6/29/2016 Countersigned By: r.. A Named Insured: Caboo Yellow, Inc. Authodzed Representative) SCHEDULE Is of Person(s) or Organlzation(s): of Santa Ana; City Attorney,20 Civic Center Plaza (M-29) Po Box 1988, Santa Ana, CA 92702, The City of :a Ana, 20 Civic Center Plaza, Santa Ana, California 92701; Its officers, employees, agents,volunteers and :aentatives are named as Additional Insured with regard to liability and defense of suits arising from the atlons and uses performed by or on behalf of the named insured. Coverage is primary and noncontributory. REVIEWED BY: EUNICE HEREDIA(PG5F . _. (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured Provision contained In Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ CERTIFICATE OF LIABILITY INSURANCE DATE2016 /YYYY) 11/10/201 1 / 10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Woodruff -Sawyer & CO. 50 California Street, Floor 12 San Francisco CA 94111 CONTACT __NAME: PHONE FAX PM Ext 4) 15 391 2141 _ - Ac Ne)415-989-9923 E EDD LE INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Chubb Custom Insurance Company 38989 11/1/2017 INSURED AMERLOG-01 INSURER B: INSURER C: Cabco Yellow, Inc. dba John Wayne Airport Yellow Cab Service 901 Amanecer, Suite Suite 260 _ INSURER D ----------- INSURER E: San Clemente CA 92673 INSURER F: COVFRAGFS CFRTIFICATF NIIMRFR• 953996672 RFVICInM MI11111l THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I — LTR TYPE OF INSURANCE ADDLUBR INSD WVD ----- POLICY EFF POLICY NUMBER MM/DD/YYYY POLICY EXP MMIDD/YYYY -- LIMITS A X COMMERCIAL GENERAL LIABILITY .J CLAIMS -MADE lxl OCCUR Y 79965269 11/1/2016 11/1/2017 EACH OCCURRENCE -15ATvfAG`E fo lNrl t .....m PREMISES (-Eta„pvcurrancQ),,, $1,000,000 1QQ_000, MED EXP (Any one person) _ _.______ $5,000 __........__....._.—..._,_.....-.._.._.__... PERSONAL & ADV INJURY $1,00_0,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 GEM) X POLICY JECT- L_ LOC PRODUCTS - COMP/OP AGO _ $2,000,000 -- — - $ OTHER: AUTOMOBILE LIABILITY COMBINED G MIT Ea accident) __ $ BODILY INJURY (Per person) $ ANY AUTO ALLOWN EDSCHEDULED AUTOS -- -- --_..-....--------.._.._...-_...---- BODILY INJURY (Per accident) -- $ NON -OWNED HIRED ALL OS AUTOS (Per avoidant) _ , $ $ UMBRELLA LAB HCLAIMS-MADE OCCUR EACH OCCURRENCE_ $ AGGREGATE $ EXCESS LIAB DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA A PER OTH- —_-. STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE - $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT - $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its agents, officers, employees and volunteers are included as additional insured as required by written contract. REVIEWED BY: EUNICE HEREDIA (PG OF } CERTIFICATE HOLDER CANCELLATION O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1988 Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE dF O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Insured rknierican Logistic ('onipany L.t.(' Name of Company ChUhl) CUS10111 Insluance Company Th is Endorsernent app I ics tothe fo I I o%ti in,, forins: C (Icilcral I,i;Ih1Iif.% LIndcr Who I, An I wrurvd, If, e 16 1 Io tv ing proN ision is added Addftional Insured - IIL:rion, or orl-nwizanovl„Lo\ti n In the Schedulc ai is insureds: bot they arc insureds only II'vo(I MV Scheduled Person ohhgalcd pursuanI to a uollracl or Cwrccnicnl to provide 111cill �k fill "Itch wsurancc as is, all'orded by Or Organization this pohC.% HoN\ c�cr. ilic person or orgam/ation is an insured only. 11'and then OrllY to 01C CNIVIII the IMS011 or olganizallon IN 0cm:Fibal in the Schcdtllc; to the cx(cru, Such conuiwl or agicQuIctil rcqajrc* the person or oigallizalionto be allbrdcd statins a1, an insured. for acri\ ittes that did not occur. in \\ hole or in pari, before the execution of the contract or agreement: and \s ith respect to dainages. loss. co.q or expense for injury or darnage to which this insurance applies. No person or organization is an insured under this provision: that is Inure specificaally idewified under am other prm ision of the Who Is Ali Insured scctiojwqardlessofany Liability Insurance At Oft-onalInsured. Scheduled Parson Or Orgenaglion Form 80-02-2367 (Rev. 5.07) Endorsement continued Page I REVIEWED BY: EUNICE FIEREMA (PG;?J,)F - --------- Additional Insured - Scheduled Person Or Organization (continued) Other Insurance — Primary, Noncontributory Insurance — Scheduled Person Or Organization with respect to art} ,sswnption of hahiI or organization) by them into contractor agreement. This Iitmitation docs n0l al)lah' to the Iiahtlity for damages, loss, cost or expense for injury or damage. to wvliieh this, insurance app Iies, that the person or organization would have in the atwsencc Contract or avrcenwnt. I Inder Conditions, the tiilhiwing,, p'- inion t, added Io Clic condition titled father Insurance, II you are ohligawd, Irmrsimrl to a,:onnaci or agrc:cnwn1, to pro% ido the parson or organization shown in the ,`tic hedole with prilmar� Ing;;msnk:c�,w h IIs IW al'1'orcA'd tiw thl, liolic,°y, 0101 in such ware illi Insurance: is primary and %% wrdl not ,L ;:k corirlhutiwrn I'rolw Insuralcc availalilcto such person or Lit"gallizatiotr AS tth.Cjtllltl: D Istat WRI I ITN CCl'tiTRAC" 11'OR (=','ti 11°111 5 WI1C)IWHIF INSO RVI) IS PROVI1 IN(; SI'sR.VK'FS °1`(7. Liability Insurance Form 80.02.2367 (Rev. 5-07) All other (ernis and conditions remain unchanged AcirWvnal Insured - Scheduled Person, Or Orgamza0on Endorsement last page Page 2 �tVICl/U E NICE.. H.EREDl..._m..��..,