2002 AGN MAR 26 I08 - Laserfiche WebLink

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E)GHBIT "A" A. Prior to the commencement of the Towing Services, the Franchisee shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City, of the following insurance, with Besf s Class A- or better carriers: (1) Workers' compensation insurance covering all employees and principals of the Franchisee, in a minimum amount of $1 million per accident, effective per the laws of the State of California; (2) Commercial general liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; B. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to the City. The Franchisee shall give to the City prompt and timely notice of any claim made or suit instituted arising out of the Franchisee's operation hereunder The Franchisee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and performance of the Towing Services. Section 7. Prohibition Against Transfers or Assignment . Franchisee shall not sell, transfer, lease, assign, sublet, mortgage or dispose of in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges therein granted, without the prior written consent of the City Council. The City Council's approval of a transfer or assignment of a franchise shall be conditioned upon the Franchisee's sale or disposal of all ownership rights in the Franchisee's franchise tow truck business. If Franchisee desires to transfer or assign its franchise tow truck business, because he or she intends to sell or dispose of all interests in the tow truck business that is franchised with the City, Franchisee shall make a written request for a transfer or assignment of the franchise. The written request, a deposit of One Thousand Dollars ($1,000) and the proposed sale agreement or other document evidencing disposal of the franchised tow truck business shall be submitted to the City's Purchasing Office at least one hundred twenty (120) calendar days before the requested effective transfer or assignment date. The Purchasing Office and the City's Police Department shall investigate the proposed transferee or assignee and determine whether the transferee or assignee is qualified to serve as a tow truck operator franchisee pursuant to the criteria and requirements set forthin the City Code. If the City's Purchasing Office and Police Department determine that the proposed transferee or assignee is qualified to be a tow truck operator franchisee, they shall recommend that the City Council approve the transfer or assignment. Upon completion of the City Council's approval or denial, the Purchasing Office shall provide Franchisee with an accounting of the administrative and legal costs associated with the City's review of the Franchisee's request for a transfer or assignment of the franchise refund accordingly. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the prior consent of the City Council shall be null and void. Section 8. Franchise Fees. (a) Franchisee shall pay to City an amount equal to ten (10) percent of Franchisee's Gross Revenues attributable to the towing and storage services provided in connection with an official request for service from the Police Department, whether or not a storage form has been Page 5 of 9