HomeMy WebLinkAboutC-3876 - Purchase of Five ”No Smoke” Exhaust Filtration Systems for fire apparatus.07/13/2006 10:58 6443388 NEWPORT BEACH FIRE PAGE 02/14
CONTRACT WITH WARD DIESEL
FOR PURCHASE AND INSTALLATION OF WARD DIESEL
FILTER SYSTEM ON FIRE APPARATUS
THIS CONTRACT is made and entered into a$ of this /3 day of 2006, by and
between the CITY OF NEWPORT BEACH, a Munlclps Corpora #i0 4t_V and WARD
DIESEL FILTER, whose principal place of business is 133 Philo Road West, Elmira, New York,
14902 ( "Contractor "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City is planning to purchase and install Ward Diesel Filter System on fire apparatus.
C. City desires to engage Contractor to install the Ward Diesel Filter System.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the Specifications set forth by the City for the Project, and is familiar with all
conditions rdlevant to the performance of services and has committed to perform all
work required for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. . SCOPE OF WORK
Contractor shall install "No Smoke" Diesel Exhaust Removal System as directed. As a
material inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and services and Contractor is
experienced in performing the work and services contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
Professional standards in performing the work and services required hereunder and that
all materials will be of good quality. For purposes of this Agreement, the phrase
"highest professional standards" shall mean those standards of practice recognized by
one or more first -class firms performing similar work under similar Circumstances.
Contractor shall perform - everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Contract by City and
assessment of damages as outlined in Section 2.1.
Contractor shall complete ail work no later than "Wet @*Faws../ oob
depending on the availability of equipment,
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2.1 The parties agree that It is extremely difficult and impractical to determine and fix
the actual damages that City will sustain should the Contractor fail to complete
the Project within the time allowed. Should Contractor fail to complete the work
called for In this Contract on the date outlined above, Contractor agrees to the
deduction of liquidated damages in the sum of Two Hundred Fifty Dollars and
00/100 ($250.00) for each calendar day beyond the date scheduled for
completion provided above in this Agreement assuming that the Contractor has
access to the space on February 21, 2006 as described herein.
Execution of this Agreement shall constitute agreement by the City and
Contractor that Two Hundred Fifty Dollars and 001100 ($250,00) per calendar
day's the minimum value of the costs and actuai damage caused by the failure
of the Contractor to complete the work within the allotted time. Such sum is
liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs.
3• COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work City shall pay to Contractor and Contractor accepts as full payment
the sum of F s o 100 ($42,040.00). Contractor
shall not receive any additional compensation unless approved in advance by the City in
writing.
4. ADMINISRA MyQf a _
�4 3, 7a A 6 d
This Contract will be administered by the Fire Department. Pete Hadley sh a the
Project Administrator and shall have the authority to act for City under this Contract.
The Project Administrator or his/her authorized representative shall represent City to all
matters pertaining to the services to be rendered pursuant to this Contract.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Contractor shall use only the standard materials in performing Contract Services,
Any deviation from the materials shall not be installed unless approved in
advance by the City Administrator.
5.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to
Perform the services required by this Contract, and that it will perform all services
in a manner commensurate with community professional standards. All services
shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
6.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or
other things used or employed in performing the Project or for injury to or death
of any person as a result of Contractor's performance of the services required
hereunder; or for damage to property from any _ cause arising from the
performance of the Project by Contractor, or its subconcontractors, or its
workers, or anyone employed by either of them.
07/13/2006 10:58 6443388 NEWPORT BEACH FIRE PAGE 04/14
S
6.2 Contractor shall be responsible for any liability imposed by law and for injuries to
Or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's work on the project, or
the work of any subcontractor or supplier selected by the Contractor.
6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damage, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Contract; (2) use of
Improper materials in performing this Project; including, without limitation,
defects in workmanship or materials and/or design defects or (3) any and all
claims asserted by Contractor's subconcontractors or suppliers on the Project,
and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. However, nothing herein shall require Contractor to
Indemnify City from the sole negligence or willful misconduct of City, ifs officers
or employees.
6A Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and
private property. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
6.5 To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Contract as shall be considered necessary by City may be retained
by it until disposition has been made of such suits or claims for damages as
aforesaid.
6.6 Nothing in this section shall be construed as authorizing any award of attorney's
fees in any action to enforce the terms of this Contract, except to the extent
provided in Section 6.3 above.
6.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
7. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of eri3ployment shall accrue to Contractor or its employees.
07/13/2006 10:58 6443388 NEWPORT BEACH FIRE PAGE 05/14
! •
8. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Contractor on the Project.
INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work. Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certitl f / surance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification
of Insurance shall be kept on file with City's at all times during the term of this
Contract.
B• na . A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Accenfable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
D. Coverage eauirements.
i• Wo Com en Ni Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. in
addition. Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. Any notice of cancellation or non- renewei of
all Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
ii. General Llahrl& Careraoe, Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and
property damage, including without limitation, contractual liability. If
commercial general liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Contract, or the
07/13/2006 10:58 6443388 NEWPORT BEACH FIRE PAGE 06114
general aggregate limit shall be at least twice the required occurrence
limit.
AulomoWle Liability Covera g. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Contractor arising out of or in connection with work to be performed
under this Contract, including coverage for any owned, hired, non -owned
or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability and automobile liability insurance policy
shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to
liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers
as respects to all claims, losses, or liability arising directly or indirectly
from the Contractor's operations or services provided to City. Any
insurance maintained by City, including any self- insured retention City
may have, shall be considered excess insurance only and not
contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect
to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, Its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after
thirty (30) calendar days (10 calendar days written notice of non- payment
Of premium) written notice has been received by City.
F. Lely Notice of Claims. Contractor shall give City prompt and timely notice of
claim Made or suit instituted arising out of or resulting from Contractor's
performance under this Contract.
G. A @MLO al In ranee. Contractor 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 prosecution of the work.
10. BONDING.
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: a tabor and Materials Payment Bond in the amount of one hundred percent
(100%) of the total amount to be paid Contractor as set forth in this Agreement and In
07/13/2006 10:58 6443388 NEWPORT BEACH FIRE PAGE 07114
the form attached hereto as Exhibit A which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto
as Exhibits B which is incorporated herein by this reference.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance In the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Bas's Key Rating Guide•,Provedyy Casualty
The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the Sate of
California.
11. PREVAILING WAGES.
Pursuant to the applicable provisions of the Labor Code of the State of California, not less
than the general prevailing rate of per diem wages including legal holidays and overtime
work for each craft or type of workman needed to execute the work contemplated under
the Agreement shall be paid to all workmen employed on the work to be done according to
the Agreement by the Contractor and any subcontractor. In accordance with the California
Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained
the general prevailing rate of per diem wages in the locality in which the work is to be
performed for each craft, classification, or type of workman or mechanic needed to
execute the Agreement. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703.4774, and requesting one from the Department of
Industrial Relations. The Contractor Is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof,
12. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services provided the Contractor obtains City approval prior to
the subcontractor performing any work. Contractor shall be fully responsible to City for
all acts and omissions of the subcontractors, Nothing in this Contract shall create any
contractual relationship between City and subcontractor nor shall It create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
13. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the tarts of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an Immediate
City to appeal to the Manager or his/her designee with respect to s Ch disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
07/13/2006 10:58 6443388 NEWPORT BEACH FIRE PAGE 08/14
return that City earned on its investments during the time period, from the date of
Withholding of any amounts found to have been improperly withheld.
14. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Contract, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall 'conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractors violation of this Section.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract
shall be given in writing, to City by Contractor and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof in the
United
All States mail, postage prepaid, first -class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Contractor to City shall be addressed
to City at.
Attn: Pete Hadley
Fire Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Phone: 949 -644 -3114
Fax 949 -644 -3388
All notices, demands, requests or approvals from
to Contractor at: CITY to Contractor shall be addressed
Attention: Bertha Tunis- Holton
WARD DIESEL
133 Philo Road West
Elmira, NY 14903
Phone: 800 - 845 -4665
Fax 607- 739 -7092
16. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Contract at the time and in the manner required, that party shall be deemed in-default in
the performance of this Contract. If such default is not cured within a period of two (2)
calendar days, or if more than two (2) calendar days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Contract forthwith by giving to the defaulting party written notice
thereof.
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Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Contract at any time by giving seven (7) calendar days
Prior written notice to Contractor. In the event of termination under this Section, City
shall pay Contractor for services satisfactorily performed and costs incurred up to the
effective date of termination for which Contractor has not been previously paid. On the
effective date of termination, Contractor shall deliver to City all materials purchased in
performance of this Contract.
17. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted.
18. WAIVER
A waiver by City of any term, covenant, or condition in the Contract shall not be deemed
to be a waiver of any subsequent breach of the same or any other term, covenant or
condition.
19. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
20. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and Contracts
Of whatsoever kind or nature are merged herein. No verbal Contract or implied
covenant shall be held to vary the provisions herein.
21. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the
Scope Of Services, the terrns of this Contract shall govern.
22. AMENDMENTS
This Contract may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
23. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract by Contractor is a representatlon that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is to
be performed, and has taken into consideration these factors in submitting its Project
Proposal and Scope of Work.
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24. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Contract and all matters relating to it
and any action brought relating to this Contract shall be adjudicated In a court of
competent jurisdiction in the County of Orange.
25. WARRANTY
25.9 Contractor agrees that the Ward Diesel Filter System installed pursuant to this
Contract shall be covered by a 1 year parts and labor warranty.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and
year first written above.
APPROVED As TO FORM:
OM.�.. riv►� -�
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST.
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH.
A Corporatio
1nA B'
WARD DIESEL:
on Webb
Mayor
for the City of Newport Beach
Attachments., Exhibit A -Labor and Materials Payment Bond
Exhibit 8 - Faithful Performance
Name: g /Z7y1A )V
Title:
WARD DIESEL:
By:
Name:
Title:
Bond
CERTIFIC8& OF LIABILITY INSURA E
DATE(MMIDDIYYYY)
1 07/17/2006
PRODUCER (607) 734 -6283 FAX ) 734 -6430
Swan & Sons -Morse Co., Inc.
309 East Water Street
P.O. Box 179
Elmira, NY 14902
THIS CERTIFICATE IS FMUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
INSURED Meier Diesel Filter Systems Inc.
DBA: Ward Diesel Filter Systems
133 Philo Road
Elmira, NY 14903
INSURERA: Travelers Indemnity Co of Conn
25682
INSURERS: Travelers Prop Casualty Ins Co
36161
INSURER C:
11/01/2005
INSURER D:
EACH OCCURRENCE
INSURER e
IeiHll ]:LTN ]:'
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
4DO'N
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
PIRATIO
POLICY EXN
LIMITS
GENERAL LIABILITY
6604036B261
11/01/2005
11/01/2006
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE rjj OCCUR
DAMAGE TO RENTED
$
MED EXP (Any one person)
S 5,00
A
X
PERSONAL S ADV INJURY
$ 1,000,000,
GENERAL AGGREGATE
S 2,000 000
GEHL AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT OC
PRODUCTS - COMPIOP AGG
S 23000,000
AUTOMOBILE
X
LIABILITY
ANY AUTO
8104036B261
11/01/2005
11/01/2006
COMSINEOSINGLELIMIT
(Ea accident)
$ 1,000,0
BODILY INJURY
(Per person)
$
B
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Pm accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
S
AUTO ONLY. AGG
$
EXCESSIUMBRELLA LIABILITY
OCCUR ❑ CLAIMS MADE
CE
$
$
S
DEDUCTIBLE
$
RETENRON S
PAGGREGATE
$
WORKERS COMPENSATION AND
OTHEMPLOYER5
LIABILITY
NT
S
ANY PROPRIETORIPARTNERf ECUTIV E
OFFICER/MEMSER EXCLUDED9 If yea, deecdbe erMer
EMPLOYE
$
E.L. DISEASE POLICY LIMB
$
SPECIAL PR below
O
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ith respect to installation of no -smoke filters for certificate holder, the City of Newport
Reach Fire Department is added as additional insured for general liability coverage.
City of Newport Beach Fire Department
3300 Newport Boulevard
Newport Beach, CA 92660
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES W CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUINO INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF A" KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ARrrnA je ✓f etyp,
Daneen Phill inc/DPHTI
ACORD 25 (2001108) CACORD CORPORATION 7888
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
0 0
CITY OF NEWPORT BEACH
FIRE DEPARTMENT
WARD DIESEL. FILTER SYSTEM ON FIRS APPARATUS
BOND NO. 6402335
WHEREAS, the City Council of the City of Newport Beach, State of C&fflomte, by motion adopted,
has awarded to WARD DIESEL hereinafter designated as the 'Principal," a contract for the
installation of the Ward Diesel Ftlter System on Fire Apparatus, in strict conformity with the
Contract on file with the office of the FIro Department of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof
require the furnishing of a bond, providing that If Principal or any of Pdndpal's subcontractors,
shall fail to pay for any materials, provisions, or other supplies used In, upon, for, or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond wilt pay the same to the extent hereinafter set forth:
N TJIFR1 =Fl�RF ur.. +k .._�_— :_�" First National Insurance
" .uuc,a,U,lv4 rrinupal, and Company of America duly
authorized to transact business under the laws of the State of California, as Surety, (referred to
herein as "Surety') are held firmly bound unto the City of Newport Beach in the sum of
721 60 lawful money of the United States of Amedca, sold sum
being equal to 100% of the estimated amount payable by the City of Newport aeaoh under the
terms Of itte Contract; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLf6ATiON IS SUCH, that If the Principal or the Pdno�w's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used In, upon, for, or about the performanos of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees Of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety Wit pay for the same, in an
amount not exceeding the sure specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys fee, to be ked by the Court as required by
the provisions of Section 3250 of the Civil Code of the ,$tats of California.
The Bond shall inure to the benefit of any and ail persons, companies, and corporations entitled to
file claims under Section 3151 of the California CH Code so as to give a right of action to them or
their assigns in any suit brought upon this Bond, as required by and In accordance with the
provisions of Sections 3247 at seq. of the Civil Code of the State of Callfornia,
And Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the vmrk to be performed thereunder
shalt in any Wise affect its obligations on this Bond, and it does
change, extension of time, alterations or additions to the terms of the he Contract or a work or to
the specifications.
0 0
In the avant that arty Principal above named wm outed this Bond as an Individual, R Is agreed that
the death of any such Principal shall not exonerate the Surety from its obfigaWns under this Bond.
IN WITNESS WHEREOF, this instrtrnent has been duly exawtsd by the above named Pdngpal
and Surety, on the 14th day of July . zgpg,
Ward Diesel Filter Systems
Name of Contraotor (Pdndpal)
First National Insurance Company
Name of Surety
5792 Widewaters Parkway
-J)ewitt. NY 13214
Address of Surety
Telephone
i
Authorized Agent Signature
Renee A. Manny, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
0 0
STATE OF NEW YORK
COUNTY OF C ) Bond No. 6402335
C On this day of July, 2006 before me personally camet 6�
0 to me known, being sworn
R by me, did depose an say th he /she resides in�D/j1Q �1
P that he /she is the f Ward Diesel Filter Systems
O the corporation described in and which
R executed the above instrument; that he /she knows the said seal of such
A corporation; that the seal affixed to said instrument is such corporate
T seal; and that it was so affixed by the order of the Board of Directors of
I said corporation, and that he /she signed his /her name thereto by like order.
0
N Sworn to and acknowledged on the above date,(%�t�C rs
KAREN L.HUGHSOW
Notary PiMc State of Now York
STATE OF NEW YORK ) Choi .mttrg, CotjWy No. 01HU5022368
COUNTY OF RENSSELAER) Commission Expires 1-10-10
S On this 14th day of July, 2006 before me personally came
U RENEE A. MANNY to me known who resides in RENSSELAER, NY
R and duly sworn and says that he /she is the Attorney -in -fact of
E the FIRST NATIONAL INSURANCE COMPANY OF AMERICA
T and knows the corporate seal and that it was affixed thereto by order of the
Y Board of Directors by Power of Attorney of said Company; of which a certified
copy is attached; and that he /she signed said instrument as an Attorney -in-
Fact of said Company by like authority. ) ^ 1j
I
N
D
I
V
I
D
U
A
L
Sworn to and acknowledged on the above date,
STATE OF NEW YORK
COUNTY OF )
FER S. VANAT
Notary Public. State of New Yorh
Qualified in Colur
Reg.#01VA6
Commission ExWes
24, 20q
On this day of 20 , before me personally came
to me known and known to me to be
the person described in and who executed the foregoing instrument and
he thereupon acknowledged to me that he executed the same.
Sworn to and acknowledged on the above date,
0 POWER
C OF ATTORNEY PO Bo Insurance Companies
PO Box 34526
Seaak,WA 98124 -1526
No. 12495
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
wwwsswsswsewssssssssss*ROBERTA F. ALLEN; DAVID W. COOPER; MILTON It KOTIN; JOAN L. MCELLIGOTT; Pittsford, New York; ALICE M. BUSMAN;
STEPHEN J. DONNELLY; KEVIN J. GARRI TY; RENEE A. MANNY; CHRISTOPHER G. TERZIAN; JUDY TOMLINSON; East Greenbush, Now York; AUDREY J.
DANIE.SEN; JOHN A. DEVITO; Watertown, New York; LORI A. FRANCETT; Glens Falls, New York; KAY D. FREDERICK; VIM L. LAVEAN; RAY G.
WILSON; Poltsdam, New York; DAPHNE R. HARVEY; Plattsburgh, New York; ANN HUGHES; Kingston, New Yorkww sssww sw wwsswwwwswwsssssssswwwwswwwwwsw
its We and lawful altomey(s)4n -fad, with full authority to execute on behalf of the company fidelity and surety bonds a undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duty executed by its regularly elected officers at Its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 28th
day of September . 7005
'Q/ folltf A65�
STEPHANIE DALEY WATSON. SECRETARY MIKE PETERS, PRESIDENT, SURETY
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeysin -fact or under other appropriate titles with
authority to execute on behaff of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking "
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power- of- attomey appointment, executed pursuant thereto, and
(Iii) Certifying that said powerof- attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.'
I, Stephanie Daley- Watson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -laws
and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are We and correct, and that both the
By -Laws, the Resolution and the Power of Attomey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
;1928,
this 14th day of
4/'it/ rLKt- (kCI-/CXIf.�f/1Ll'
STEPHANIE DALEY- WATSON, SECRETARY
S -104MF 4105 Safeco and the Salem logo are registered trademarks W Safem Corporation.
WEB POF
n
U
�'cli>MCO .
Assets
Cash and Bank Deposits ............ ...............................
'Bonds — U.S Government ....... ...............................
"Otter Bond
*Stocks .......
Real Estate
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
$ 0
49,432,115
....117,389,208
......24,103,137
Agents' Balances or Uncollected Premiums............ 29,676,324
Accrued Interest and Rents ......................... ......................2,289,562
Other Admitted Assets .............. ............................... 32.074.246
Total Admitted Assets ...... ............................... 5254.964.592
FINANCIAL STATEMENT —DECEMBER 31, 2005
Liabilities
Unearned Premiums ................. ...............................
$ 43,097,565
Reserve for Claims and Claims Expense ................
98,198,046
Reserve for Dividends to Policyholders ....................
51,760
Additional Statutory Reserve ... ...............................
_
Reserve for Commissions, Taxes and
Otter Liabilities ........................... .............................39,087,295
Tot al ............................... ...............................
S180,434,666
Capital Stock ............................. S 5,000.000
Paid in Surplus .......................... 581,836
Unassigned Surplus ................... 68.948.090
Surplus to Policyholders . ...............................
74529.926
Total Liabilities and Surplus .. ...............................
55592
• Bonds are stated at amortized or investment value; Stocks at Association Market Values.
Securities carried at $40,920,330 are deposited as required by law.
I, MICHAEL C. PETERS, President, Surety, First National Insurance Company, do hereby certify that the foregoing is a true, and correct
statement of the Assets and Liabilities of said Corporation, as of December 31, 2005, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of
March, 2006.
President, Surety
S-t 738a 3706 Safeco and the Safeco logo are registered trademarks of Safety Corporation
CiTY OF NEWPORT BEACH
FiRE DEPARTMENT
WARD DIESEL FILTER SYSTEM ON FIRE APPARATUS
BOND NO. 6402335
FAITHFUL RFDRMAM BOND
The premium charges on this Bond is $
at the rate of $ 25.00 per
093.00
being
WHEREAS, the City Counct of the City of Newport Beach, State of Callfomia, by motion adopted,
has awarded to WARD DIESEL hereinafter designated as the " Principal," a contract for the
installation of the Ward Diesel Filter System on Fire Apparatus in strict conformity with the
Contract on flte with the office of the Fire Department of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS. Prinoipal has executed or is about to snob the Contraot and the terms thereof
require the furnishing of a Bond for the faitlmrfui performance of the Contract;
First National Insurance
NOW, THEREFORE, we, the principal, and Co. of America duly authorized to transact
business cinder the laws of the State of Califomts as Surety (hereinafter "Surety"), are held and
firmly bound unto the City of Newport Beach, in the sum of $43,721.60
lawful money of the United States of America, said sum being equal to 1000A of the estjmated
amount of the Contract, to be paid to the CRY of Newport Beach, its successore, and assigns; for
Which payment well and truly to be made, we bind ourselves, our hails, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present
THE CONDITION OF THIS OBLIGATION iS SUCH, that if the Principal, or the Prindpars heirs,
executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and
perform any or all the work, covenants, conditions, and agreements in the Contract Documents
and any alteration thereof made as therein provided on ifs part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to Its true intent and
meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety Will faithfully perform the same, in an
amount not exceeding the sum specified in this Bond; otherwise this obligation shall become me null
and void.
As a part of the obligation soured hereby, and in addition to the face amount specifed In this
Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time, alterations or
additions to the tars of the Contact or to the work to be performed thermmder shall In any way
affect its obligations on this Bond, and it does hereby waive notice of any such change, extension
of time, alterations or additions of the Conirect or to the Worts or to the specifications.
This Faithful Performance Bond shall be extended and makmtained by the Principal in full farce
and effect for one (1) Year following the date of formal acceptance of the Project by the t,-Ti y.
0 9
In the event that the Principal w acuted this bond as an individual, tl is agread that the death of
any such Principal shaft not ermnarate the Surety from its obligatIons under this Bond.
IN WITNESS WHEREOF, WS instrument hag been duly executed by the Pftrrelpal and Surety
above named, on the 14 day of July . 2a06.
el Filter S stems
Name of Contrac Ior ( Prncipal)
First National Insurance Company
Name of Surety of erica
5792 Widewaters Parkway
DeWitt, NY 13214
Address of Surety
Telephone
Renee A. Manny, Attorney -in -Fact
print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
0
STATE OF NEW YORK
9
COUNTY of
Bond No. 6402335
the above date
�f
C On this ,.2,< day of July,
2006 before me personally
O to me 'known, being sworn
R by me, did depose an ay
t he sh resides in h�
P that he /she is the
�'of Ward Diesel Filter Systems
0 the corporation described
in and which
R executed the above instrument;
that he /she knows the said seal of such
A corporation; that the seal affixed to said instrument is such corporate
T seal; and that it was so
affixed by the order of the Board of Directors of
I said corporation, and that he /she signed his /her name there o by like order.
0
N Sworn to and acknowledged
on the above date, L 6 Y�
I STATE OF NEW
KAPUT L. Ht CHSON
Wxy hex fate of ` m"? ' I n*
STATE OF NEW YORK )
?'s{``� V
CCrninlsSlon Expires-4-10-16
COUNTY OF RENSSELAER)
S On this 14th day of July, 2006 before me personally came
U RENEE A. NANNY to me known who resides in RENSSELAER, NY
R and duly sworn and says that he /she is the Attorney -in -fact of
E the FIRST NATIONAL INSURANCE COMPANY OF AMERICA
T and knows the corporate seal and that it was affixed thereto by order of the
Y Board of Directors by Power of Attorney of said Company; of which a certified
copy is attached; and that he /she signed said instrument as an Attorney -in-
Fact of said Company by like authority. I I /% 1 „f
Sworn to and
acknowledged on
the above date
iyIniniflivi uluiram
JEN IFER S. VANAT
Notary Pu tic, State of Nev, yon,
Qualified in Columbia County
Reg. u01VA6135808
24, 200%
I STATE OF NEW
YORK )
Commission Expires Oct.
N COUNTY OF
}
D
I On this
day of
20
before me personally came
V
to me
known and known to me to be
I the person described in and
who executed the
foregoing instrument and
D he thereupon
acknowledged to
me that he executed
the same.
U
A Sworn to and
acknowledged on
the above date,
L
°
POWER
OF ATTORNEY
Para �ln226 Companies
Seattle, Wh 98124 -15M
No. 12495
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
+ss + +r+ + + ++r + + +w++s+ss*ROBERTA F. ALLEN; DAVED W. COOPER; MILTON H KOTIN; JOAN L. MCELLIGOTT; Pittsford, New York, ALICE M. BUSMAN;
STEPHEN J. DONNELLY; KEVIN J. GARRITY; RENEE A. MANNY, CIMSTOPHER G. TERTIAN; JUDY TOMLINSON; East GrMbush, New York; AUDREY J.
DANIELSEN; JOHN A DEVITO; Watertown, New York; LORI A. FRANCETI; Glens Falls, New York; KAY D. FREDERICK; VUQQ L. LA VEAN; RAY G.
WILSON, Ponsdam, New York; DAPHNE R. HARVEY; Plattsburgh, New York, ANN HUGHES; Kingston, New York•++++++ ss +s +s +s ++ + ++ + +r + +ssssrs + ++ +s + + ++
its true and lawful attomey(s)- in4act, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duty executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 28th
STEPHANIE DALEY-WATSON, SECRETARY
day of September . 2005
Az�z�
MIKE PETERS, PRESIDENT, SURETY
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as attomeys -in -fad or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued try the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
() The provisions of Article V, Section 13 of the By -Laws, and
(it) A copy of the power-of- altomey appointment, executed pursuant thereto, and
(i) Certifying that said power -of- attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Stephanie Daley- Watson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws
and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the
By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
L1926,,�
this 14th day of July •_2996_
STEPHANIE DALEY- WATSON, SECRETARY
S- 10490F 405 Salem and the Safeeo logo are registered trademarks of Safety Corporation.
WEB POF
11
,-
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
�d
Assets
Crib and Bank Deposits ...................... ............................... S 0
*Bonds —U.S Cmvemment ....... ............................... 49,432,115
*Other Bonds ................... ............................................... 117,389,208
*Stocks .............................................. ............................... 24,103,137
RealEst ate .............................................. . ............................. :. .
Agents' Balances or Uncollected Premiums............ 29,676,324
Accrued Interest and Rents ..................... .......................... 2,289,562
Other Admitted Assets .............. ............................... . 32.074146
Total Admitted Asset s ........ .. .............. ............ 9IDid9fid_592
FINANCIAL STATEMENT— DECEMBER 31, 2005
Liabilities
Unearned Premiums ................. ...............................
S 43,097,565
Reserve for Claims and Claims Expense ................
98,198,046
Reserve for Dividends to Policyholders ....................
51,760
Additional Statatory Reserve ... ...............................
_
Reserve for Commissions, Taxes and
Other Liabilities .... ............................... .....................39.087.295
Total ......................... ... .....
S180,434,666
Capital Stock ............................. $ 5,000,000
Paid in Surplus .......................... 581,836
Unassigned Surplus ................... 68948.090
Surplus to Policyholders ....... _...._..._..........
74,529,926
Total Liabilities and Surplus ... ........... ... .. --........
S r4
' Bonds are stated at amortized or investment value; Stocks at Association Market Values.
Securities carried at 540,920,330 are deposited as required by law.
I, MICHAEL C. PETERS, President, Surety, First National Insurance Company, do hereby certify that the foregoing is a true, and correct
statement of the Assets and Liabilities of said Corporation, as of December 31, 2005, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my baud and affixed the seal of said Corporation at Seattle, Washington, this Iat day of
March, 2006.
S-1 138a 3106
President, Surety
Safeco and the Safeco logo are registered trademarks of Safeco Corporation
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
U
Agenda Item No. $29
April 25, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Tim Riley, 644 -3101, tdley @city.newport- beach.ca.us
SUBJECT: Purchase of Ward "No Smoke" Exhaust Filtration Systems for Fire
Apparatus (Phase 3)
RECOMMENDATION:
The City Council approve the purchase of five Ward "No Smoke" Exhaust Filtration
Systems for fire apparatus.
During the start -up and return to station operations of fire apparatus, diesel exhaust
fumes and particulate matter collect in the apparatus bay of the stations. Diesel
exhaust is suspected of being hazardous and therefore poses a threat to the fire crews
working and living in the station environment.
In 2002 and 2004, City Council approved funding for the purchase and installation of the
Ward "No Smoke" Diesel Exhaust Filtration System to be installed on all fire apparatus.
Seventeen units were outfitted with the filtration system. Fire apparatus that were
scheduled to be replaced were excluded from the installation and $52,933 was re-
budgeted in Capital Improvement Project— Fire Station Apparatus Diesel Exhaust
System (7271- C2320626) to outfit the new equipment when it arrived.
On the units that the filters have been installed, the system has shown to be very
effective in reducing exposure to diesel exhaust fumes.
Five units are scheduled to be outfitted this year. With this installation, all fire apparatus
will be outfitted with the diesel exhaust system. In the future, the exhaust devices will be
part of the manufacturer specification.
Environmental Review:
This Staff Report has no requirement for Environmental Review.
Purchase of Ward No Smoke" Exhaust Filtration System
For Fire Apparatus (Phase 2)
April 25, 2006
Page 2
Funding Availability:
In 2005 -2006 CIP budget, $52,933 was re- budgeted in Capital Improvement Project —
Fire Station Apparatus Diesel Exhaust System (7271- C2320626). The cost for this
contract is $42,040.
Prepared by: Submitted by:
L T szewski Timothy Riley
Fire Support Services Manager Fire Chief
r
L
4