2002 AGN MAR 26 I08 - Laserfiche WebLink

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EXHIBIT "A" (23) Obtain and produce upon request proof of public liability insurance of not less than $1,000,000.00 combined single limits. (24) Provide, free of charge, temporary storage for five (5) of the city's seized vehicles for a maximum of ninety (90) calendar days and provide storage for two (2) vehicles in an inside garage for V.I.N. and mechanical inspections. (25) Pay to the city a franchise fee in accordance with section 10.40.070. (26) Drivers shall be participants in the California Department of Motor Vehicles' Employer Pull Notice Program. (27) Agree not to charge an after-hours fee to persons who come to recover a stolen vehicle on a Saturday between 8:00 a.m. and 6:00 p.m. (28) Pass an investigation by the Police Department. Section 5. Indemnification. Franchisee shall indemnify, defend and hold harmless the City, its elected and appointed officers, employees and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with any of the Towing Service operations or activities by the Franchisee, its officers, agents, or employees, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City, its elected or appointed officers, employees or agents who are directly responsible to the City and in connection therewith: A. The Franchisee will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. B. The Franchisee will promptly pay any judgment rendered against the Franchisee or the City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such Towing Service operations, or activities of the Franchisee hereunder; and the Franchisee agrees to save and hold the City harmless therefrom. C. In the event the City is made a party to any action or proceeding filed or prosecuted against the Franchisee for such damages or other claims arising out of or in connection with the Towing Service operations or activities of the Franchisee hereunder, the Franchisee agrees to pay to the City any and all costs and expenses incurred by City in such actions or proceedings, together with reasonable attorneys' fees. Section 6. Insurance. Without limiting the Franchisee's indemnification of the City, the Franchisee shall obtain and provide and maintain at its own expense during the term of this Agreement a policy or policies of liability insurance of the type and amounts described below and satisfactory to the City, in its sole discretion. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing the Towing Services. Said policies shall add as insureds the City, its elected officials, officers, employees, and agents for all liability arising from the Franchisee's Towing Services as described herein. Page 4 of 9