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Home My WebLink AboutBest Towing Service - 2002-07-15CITY OF HUNTINGTON 2000 MAIN STREET CALIFORNIA 92648 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 KENNETH W. SMALL Chief of Police October 24, 2011 Mr. John Vaughn Best Towing 7472 Warner Avenue Huntington Beach, CA 92647 Dear Mr. Vaughn: Pursuant to the "Police -Directed Tow Services" contract approved by the Huntington Beach City Council on July 15, 2002, the rates, fees and charges that shall be imposed are attached to this correspondence in Exhibit A. The new fee schedule represents an adjustment in the Los Angeles -Riverside -Orange County Consumer Price Index for 2010/2011. The increase is 2.8560% and was calculated by averaging the CPI for the last half of 2010 and the first half of 2011 (Refer to: www.dir.ca.gov/disr/epi/presentccoi.pdD. Please post the new fee schedule upon receipt of this letter. This change shall be effective from December 1, 2011 through November 30, 2012. As always, should you disagree with these calculations or desire to discuss this issue further, please feel free to contact our Traffic/Air Support Bureau Commander, Lieutenant John Domingo (714) 536-5661. Thank you in advance for your continued help and cooperation in serving the needs of the Huntington Beach Police Department. Sincerely, Kenneth W. �Small�� Chief of Police Attachment: "Exhibit A" 2010/2011 CPI Information C: City Attorney Jennifer McGrath City Clerk Joan Flynn o - Records Manager Denise Robsel KWS)jd EXHIBIT A Basic Tow Service (Standard sling or wheel lift truck) $139.00 Medium Duty or Flatbed Request $159.00 Heavy Duty (3) Axle or larger $228.00 Two Ton $184.00 Dolly $59.00 Rollover minimum $59.00 Drop Linkage $49.00 Clean-up fee $56.00 (Fee charged to the City shall remain $35.00 by contract) Hazmat fee, per 5 gallon bucket $115.00 Winching per hour $153.00 Vehicle Storage Vehicles Outside —per day $45.00 Vehicles Inside —per day $49.00 Motorcycles Outside --per day $26.00 Motorcycles Inside —per day $34.00 Truck or Motor homes (larger than 20') $49.00 Vehicles stored as evidence --outside $24.00 Vehicles stored as evidence -inside $32.00 Motorcycles stored as evidence —outside $18.00 Motorcycles stored as evidence —inside $20.00 After hours release 5:00 p.m. — midnight $63.00 Midnight — 8:00 a.m. $87.00 Minimum Service Call or Drop Fee $72.00 Effective December 1, 2011 to November 30, 2012 2000 MAIN STREET P. 0. BOX 70 POLICE DEPARTMENT KENNETH W. SMALL Chief of Police October 23, 2009 Mr. John Vaughn Best Towing 7472 Warner Avenue Huntington Beach, CA 92647 Dear Mr. Vaughn: CALIFORNIA 92648 Tel: (714) 960-8811 Pursuant to the "Police -Directed Tow Services" contract approved by the Huntington Beach City Council on July 15, 2002, the rates, fees and charges that shall be imposed are attached to this correspondence in Exhibit A. The new fee schedule represents an adjustment in the Los Angeles -Riverside -Orange County Consumer Price Index for 2008/2009. The decrease is 2.2385% and was calculated by averaging the CPI for the last half of 2008 and the first half of 2009 (Refer to: www.dir.ca.gov/disr/cpi/r)resentccoi.i)df). Please post the new fee schedule upon receipt of this letter. This change shall be effective from December 1, 2009 through November 30, 2010. As always, should you disagree with these calculations or desire to discuss this issue further, please feel free to contact our Traffic/Air Support Bureau Commander, Lieutenant John Cottriel or me. Thank you in advance for your continued help and cooperation in serving the needs of the Huntington Beach Police Department. Sincerely, Kenneth W. Small Chief of Police Attachments: "Exhibit A" 2009/2009 CPI Information C: City Attorney Jennifer McGrath City Clerk Joan Flynn Records Manager Denise Robsel ' ' KWS/jc mm EXHIBIT A Basic Tow Service (Standard sling or wheel lift truck) $133.00 Medium Duty or Flatbed Request $152.00 Heavy Duty (3) Axle or larger $219.00 Two Ton $176.00 Dolly $56.00 Rollover minimum $56.00 Drop Linkage $46.00 Clean-up fee (Fee charged to the City shall remain $35.00 by contract) $53.00 Hazmat fee, per 5 gallon bucket $110.00 Winching per hour $146.00 Vehicle Storage Vehicles Outside —per day $42.00 Vehicles Inside —per day $46.00 Motorcycles Outside —per day $24.00 Motorcycles Inside —per day $32.00 Truck or Motor homes (larger than 20') $46.00 Vehicles stored as evidence —outside $22.00 Vehicles stored as evidence -inside $30.00 Motorcycles stored as evidence —outside $16.00 Motorcycles stored as evidence —inside $18.00 After hours release 5:00 p.m. — midnight $60.00 Midnight — 8:00 a.m. $83.00 Minimum Service Call or Drop Fee $69.00 Effective December 1, 2009 to November 30, 2010 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS AND RESEARCH P.O. Rnx 420603. San Francisco. California 94142 http://www.dir.ca.gov[DLSR CONSUMER PRICE INDEX - CALIFORNIA Los Angeles -Riverside -Orange Co., San Francisco -Oakland -San Jose, San Diego United States City Average, 2008-2009 All Items 1982 - 1984 =100 Year & Month All Urban Consumers Urban Wage Earners and Clerical Workers California' Los Angelesb i San Franciscob San Diego' j U.S. City' California Los Angeles' San Franciscob San Diego f U.S. Cityb Riverside Oakland i Average Riverside Oakland Average Orange Co. San Jose I Orange Co. San Jose _2008 � January - 220.918 b 211.090 213.825 b 206.744 February 221.357 221.431 219.612 211.693 214.121 214.231 214.913 207.254 _ _March ---- -- . _ - _ 223.606 b 213.528 _ - 216.493 _ b 209.147 ,-,-----,April 224.323 224.625 222.074 214.823 _ 217.587 217.914 217.913 210.698 May -� j 226.651 b 216.632 - 219.702 b 212.788 June 4 µ MJuly- 228.324 9.033 225.181 242.440 218.815 221.798 222.435 221.454 226.591 215.223 2 219.964 - 223.245 b 216.304 _b_ 228.024 _228.484 225.411 219.086 220.946 �221.230 221.385 215,247 September - 227.449 _ b 218.783 _ 220.285 b 214.935 October 226.572 226.159 225.824 216.573 219.161 218.726 221.192 212.182 November 222.229 212.425 214.083 b 207.296 December _b 219_775 219.620 218.528 242.185 210.228 211.519 21].007 213,685 j 226.829 204.813 �_ ^ Average 224807 225.008 222.767 6.710 211.053Annual 2009 January February 220.719 b 211.143 222.181 221.439 21 222.166 2.193 ............_................. �- 214.017 212,454 213.234 _ b 216.797 205.700 206.708 _. Ww March ............_.......__..._._-___..... _..__...------ - .. _- 221.376 b 1 212.709 __._..__....._._._ .....-........ - __...._....------ ..... 213.013 ....... b 207.218 April 222.896 221,693 223.854 �� 213.240 214.689 213.405 218.587 207.925 May- # �13.856 2292 240.885 215.693 - 2122June 214.446 b 20.996 225.482 208.774 210.972 July _�_12"1- b 215.351 216.128 b 210.526 _ August ._.___. _.. .438 224.507 2.8_215.834 225_ _._...._.. 217.743�_-._. 2 221.279 � 211.156 September __.. October � _._.._.... .____.__ November December ' Weighted average of the consumer price indexes for Los Angeles-Anaheun-Riverside and San Francisco-Oak]and-San Jose. A conversion factor has been included for comparability of 1987 data with 1986 and prior years. Computed by the Department of Industrial Relations, Division of Labor Statistics and Research from indexes issued by the U.S. Department of Labor. b Source: U.S. Department of Labor, Bureau of Labor Statistics. Beginning with January 1998 data, indices for San Francisco -Oakland -San Jose will be published bi-monthly on even months only (February, April, June, etc.). Beginning with the January 2007 data, indices published by the Bureau of Labor Statistics will be rounded to three decimal places (see http://www.bls.gov/cpi/cpithreedec.htm). The California indices conform to this change. 9/25/2009 CALIFORNIA 92648 Tel: (714) 960-8811 Mr. John Vaughn Best Towing 7472 Warner Avenue Huntington Beach, CA 92647 Dear Mr. Vaughn: Pursuant to the "Police -Directed Tow Services" contract approved by the Huntington Beach City Council on July 15, 2002, the rates, fees and charges that shall be imposed are attached to this correspondence in Exhibit A. The new fee schedule represents an increase in the Los Angeles -Riverside -Orange County Consumer Price Index for 2007/2008. The increase is 5.4125% and was calculated by averaging the CPI for the last half of 2007 and the first half of 2008 (Refer to: www.dir.ca.gov/disr/cpi/presentccpi.pdf). Please post the new fee schedule upon receipt of this letter. This change shall be effective from December 1, 2008 through November 30, 2009. As always, should you disagree with these calculations or desire to discuss this issue further, please feel free to contact our Traffic/Aero Bureau Commander, Lieutenant John Cottriel or me. Thank you in advance for your continued help and cooperation in serving the needs of the Huntington Beach Police Department. Sincerely, Kenneth W. Small Chief of Police Attachment: "Exhibit A" EXHIB IT A Basic Tow Service (Standard sling or wheel lift truck) $136.00 Medium Duty or Flatbed Request $155.00 Heavy Duty (3) Axle or larger $223.00 Two Ton $180.00 Dolly $57.00 Rollover minimum $57.00 Drop Linkage $47.00 Clean-up fee (Fee charged to the City shall remain $35.00 by contract) $54.00 Hazmat fee, per 5 gallon bucket $112.00 Winching per hour $149.00 Vehicle Storage Vehicles Outside ----per day $42.00 Vehicles Inside —per day $47.00 Motorcycles Outside —per day $24.00 Motorcycles Inside —per day $32.00 Truck or Motor homes (larger than 20') $47.00 Vehicles stored as evidence —outside $22.00 Vehicles stored as evidence -inside $30.00 Motorcycles stored as evidence --outside $16.00 Motorcycles stored as evidence —inside $18.00 After hours release 5:00 p.m. — midnight $61.00 Midnight — 8:00 a.m. $84.00 Minimum Service Call or Drop Fee $70.00 Effective December 1, 2008 to Novembef30, 2009 Council/Agency Meeting Held: 7 /6 -dy0Q Deferred/Continued to: App ved ❑ Conditionally Approved ❑ Denied S City. I rk's ignatur Council Meeting Date: July 16, 2007 Department ID Number: PD-007-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY O NCIL MEMBERS SUBMITTED BY: Dr. Pe�ope Cu ret -Graft, DPA, ity ministrator PREPARED BY: Kenneth W. Small, Chief of Police lc_�_2 SUBJECT: Extend Contract for Police -Directed Tow Services Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City approve a five-year extension of the Police -Directed Tow Services Contract with Mandic Motors, Inc., MetroPro Road Services and Best Towing, and authorize a one-time 10% increase of rates, fees and charges? Funding Source: No funds are required. Recommended Action 1: Authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreements for Police Directed Towing and Storage Services with Mandic Motors, Inc., MetroPro Road Services, Inc., and Best Towing Services; and Recommended Action 2: Motion to adopt Resolution 2007-44 . authorizing a 10% increase of rates. Alternative Action(s): 1. Do not approve extension of existing Police -Directed Tow Services Contract. 2. Do not approve Resolution No. 2007-44 0216110A--L /=;C) /�__ 416 d.� REQUEST FOR CITY COUNCIL ACTION MEETING DATE: July 16, 2007 DEPARTMENT ID NUMBER:.PD - 007-003 Analysis: Police -directed towing is any tow authorized by a law enforcement official, such as an illegally parked vehicle. Consensual towing is a tow which is authorized by the owner. of the vehicle with a tow company of their choice. A non-consensual tow, sometimes known as "private party impound", is any tow 'initiated by, a person other. than the owner of .the vehicle or a law enforcement official. For example, a property owner can have a vehicle towed from an apartment complex where a non-resident has parked in a designated resident - only parking area. A non-consensual tow must be reported to the Police Department to ensure that the vehicle is not reported stolen by the owner. This also gives the owner of the towed veh.icle a means to determine where their vehicle is located. Currently, the City only regulates police -directed and non-consensual tow services. The City Council approved the current Police -Directed Tow Services Contract on July 15, 2002. The agreement commenced on August 15, 2002. The term of agreement is a five (5) year period with an option for five (5) additional years upon agreement of both the City and Tow Operators. . Each Tow Operator, Mandic Motors, Inc., MetroPro Road Services and Best Towing services has agreed to extend the contract in accordance with the terms of the agreement. The Tow Operators have also requested an adjustment to the rates, fees and charges they can impose, based on the following: .1. Decreased revenue due to fewer police -directed tows. This is because of a recent case decision that only allows police -directed tows for a "community care taking" function. The tow companies report nearly a 30% reduction in police -directed tows. 2. Diesel fuel prices have increased 107% since July 2002. 3. Increased tow company staffing and healthcare costs. 4. Increased vehicle salvage costs. The tow companies routinely absorb their staffing costs and the fees they have to pay to dispose of an abandoned vehicle. A 10% increase of the rates, fees and charges will allow the charges to stay within the range of fees authorized by other Police -Directed Tow Services Contracts in Orange County. Any future rate increases will be in accordance with the existing Police -Directed Tow Services Contract. It allows for an adjustment on December 1st of each year based on any change in the Metropolitan Consumer Price Index for the . Los Angeles -Riverside -Orange County, CA area during the preceding year. Each of the Tow Operators has provided excellent service to the Police Department and has met the needs of the City and the community since entering into the existing agreement. -2- 6/20/2007 1:29 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: July 16, 2007 DEPARTMENT ID NUMBER:PD - 007 - .003. Strategic Plan Goal: Approving the extension to the current Police -Directed Tow Services Contract supports the City Services Goal. Environmental Status: N/A Attachment(s): . ption rV4 1. Amendment No. 1 to Agreement Between the City of Huntington - ��1Sjo2." Beach and Mandic Motors, Inc. for Police Directed Towing and / 31.63. Storage Services ,SEE F7c6' 2. Amendment No. 1 to Agreement Between the City of Huntington ZOO. io - 7//s/D2- Beach and MetroPro Road Services, Inc. for Police Directed Towing Sys t�/34feZ. and Storage Services 3. Amendment No. 1 to Agreement Between the City of Huntington Beach and Best Towing Service for Police Directed Towing and Storage Services 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING THE FEES FOR TOWING SERVICES AND GARAGE IMPOUNDS (Resolution No. 2007-44 ) -3- 6120/2007 1:29 PM ATTACHMENT #3 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEST TOWING SERVICE FOR POLICE DIRECTED TOWING AND STORAGE SERVICES THIS AMENDMENT NO 1 is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City", and Best Towing Service, hereinafter referred to as "Tow Operator." WHEREAS, City and Tow Operator are parties to that certain agreement, dated July 15, 2002, entitled "Agreement Between the City of Huntington Beach and Best Towing Service for Police Directed Towing and Storage Services" which agreement shall hereinafter be referred to as the "Original Agreement," and City and Tow Operator wish to amend the Original Agreement to extend the Term thereof, NOW, -THEREFORE, it is agreed by City and Tow Operator as follows: 1. Paragraph 10 TERM OF AGREEMENT is hereby amended to read as follows: 10. TERM OF AGREEMENT. The term of this Agreement shall commence on August 16, 2007, and shall continue for a period not to exceed five (5) years, or upon termination by either party, whichever occurs first. Performance under this Agreement shall not commence until Tow Operator has obtained the City's approval of the insurance and surety bond required by this Agreement.. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 07-1096/11796 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on \'�I- 7 16 , 2007. S: (circle one) Chai`rniaNgrQen ice President V. By: i ✓4 v Nam/ print name ITS: ircle one) Secre ,el Financial lcer/Asst. Secreta - Treasurer REVIEWED AND APPROVED: 1 ` Ci Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State -of California RA Mayor =, City Clerk INITIATED AND APPROVED: l0 Q �1 Chief of Police 07-1096/ 1 1796 2 ATTACHMENT #4 1 RESOLUTION NO. 2007-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING THE FEES FOR TOWING SERVICES AND GARAGE IMPOUNDS WHEREAS, Huntington Beach Municipal Code Section 5.66.170 authorizes the City to set a maximum charge for police -directed towing services and garage impounds; and On August 20, 2001, the City Council adopted Resolution No. 2001-52 which established maximum fees for police=directed towing services and garage impounds; and The City's Tow Operators have requested an increase in the maximum fees charged for towing services and garage impounds based on an increase in their operating costs, such as fuel prices, employee health care costs, vehicle salvage costs, and other related expenses; and The City Council wishes to revise the maximum charge for police -directed towing services and garage impounds based on the Tow Operators demonstration of an increase in their operating costs, F NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Councilof the City of Huntington Beach that effective June 19, 2007, the maximum charges for police -directed towing services. and garage impounds are as set forth on Exhibit A which is attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a. regular meeting thereof held on the 16th day of July 2007. r i 1 May&--: REVIEWED AND APPROVED- INITIATED AND APPROVED: 'ity Admi istrator Chief of Police c, APPROVED AS TO FORM: ItyAttorney 07-1096/ 1 1797 Resolution No 2007-44 EXHIBIT A Basic Tow Service (Standard sling or wheel lift truck) 124.00 Medium Duty or Flatbed Request 142.00 Heavy Duty (3) Axle or larger 204.00 Two Ton 164.00 Dolly 52.00 Rollover minimum 52.00 Drop Linkage 42.00 Clean-up fee (Fee charged to the City shall remain $35.00 by contract) $49.00 Hazmat fee, per 5 gallon bucket 102.00 Winching per hour 136.00 Vehicle Storage Vehicles Outside —per day 37.00 Vehicles Inside —per day 42.00 Motorcycles Outside —per day 21.00 Motorcycles Inside —per day 29.00 Truck or Motor homes (larger than 20') 42.00 Vehicles stored as evidence —outside 19.00 Vehicles stored as evidence -inside . 27.00 Motorcycles stored as evidence ---outside 14.00 Motorcycles stored as evidence —inside 16.00 After hours release 5:00 p.m. — midnight 55.00 Midnight — 8:00 a.m. 76.00 Minimum Service Call or Drop Fee 63.00 Note: Each_ligure has been rounded up to the next dollar. 07-1096/1 1849 . Res. No. 2007-44 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of July, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None 4�a� M/-Jvv� — Cit Jerk and ex-officio Oerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 18, 2007 Best Towing Services Attn: John C. Vaughn 7472 Warner Avenue Huntington Beach, CA 92647 Dear Mr. Vaughn - CALIFORNIA 92648 Enclosed for your records is a copy of Amendment No. 1 to the Agreement Between the City of Huntington Beach and Best Towing Services. for Police Directed Towing and Storage Services. Sincerely, an L. Flynn - City Clerk JF:pe Enclosure: agreement U fol lowup:agrmtltr 1 Telephone: 714-536-5227 ) �7" CITY. OF HUNTINGTON MEACH 2000 MAIN STREET P.O. BOX 70 POLICE DEPARTMENT November 4, 2003. KENNETH W. SMALL Mr. John Vaughn Chief of Police' Best Towing CALIFORNIA 92648 Tel. (714) 960-8811 7472 Warner Avenue y c Huntington Beach, CA 92647 w Dear Mr. Vaughn, � --A' - {�` C=) J. Pursuant to the "Police -Directed Tow Services" contract approved by the City Council QQf th-*� City of Huntington Beach, dated,July 15, 2002, the rates, fees and charges that you ma}jimpee _-- is periodically adjusted based on the Metropolitan Consumer Price Index. The new fee schedule, as listed in "Exhibit A", represents a 2.5% increase in the Los Angeles-Riversr v Orange County Consumer Price Index for the year 2002. The CPI index was computed by averaging the first half 2002 CPI results of 3.1 with that of the second half CPI results of 1.9. (Refer Web Site httpH:stats.bls.gov/cpi.) Please post the new fee schedule upon receipt of this letter. This change shall be effective from December 1., 2003 through November 30,.2004: As always, should you disagree with these calculations or desire to discuss this issue further, please feel free to contact Lieutenant Terry Lindsey, the Traffic/Aero Bureau Commander or me. Thank you in advance for you continued help and cooperation in serving the needs of the Huntington Beach Police Department and community. Sincerely, Kenneth W. Small Chief of Police Attachment: "Exhibit A" Cc: City Attorney Jennifer McGrath City Clerk Connie Brockway Records Manager Denise Robsel KWS;TJL DRUG USE IS A si.E t CITY OF H U NTI N GTO N BEACH o 2000 MAIN STREET CALIFORNIA 92648 P.O. BOX 70 POLICE DEPARTMENT Tel. (714) 960-8811 November 4, 2003 KENNETH W. SMALL Mr. Robert Mandic Chief of Police Mandic Motors 424 Main Street Huntington Beach, CA 92648 Dear Mr. Mandic, Pursuant to the "Police -Directed Tow Services" contract approved by the City Council of the City of Huntington Beach, dated July 15, 2002, the rates, fees and charges that you may impose is periodically adjusted based on the Metropolitan Consumer Price Index. The new fee schedule, as listed in "Exhibit A", represents a 2.5% increase in the Los Angeles -Riverside - Orange County Consumer Price Index for the year 2002. The CPI index was computed by averaging the first half 2062 CPI results of 3.1 with that of the second half CPI results of 1.9. (Refer Web Site httpH:stats.bls.gov/cpi) Please.post the new fee schedule upon. receipt of ,this letter. This change shall. be effective from . December 1, 2003 through November 30, 2004. As always, should you disagree with these calculations or desire to discuss this issue further, please feel free to contact Lieutenant Terry Lindsey, the Traffic/Hero Bureau Commander or me. Thank you in advance for you continued help and cooperation in serving the needs of the Huntington Beach Police Department and community. Sincerely, Kenneth W. Small Chief of Police Attachment: "Exhibit A" Cc: City Attorney Jennifer McGrath City Clerk Connie Brockway Records Manager Denise Robsel KWS;TJL DRUG USE IS A • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 70 November 4, 2003 Mr. Jody Campbell Metro Pro Road Services 1022 East Chestnut Avenue Santa Ana, CA 92701 Dear Mr. Campbell, POLICE DEPARTMENT KENNETH. W. SMALL. Chief of Police CALIFORNIA92648 Tel. (714) 960-8811 Pursuant to the "Police -Directed Tow Services" contract approved by the City Council of the City of Huntington Beach, dated July 15, 2002, the rates, fees and charges that you may impose is periodically adjusted based on -the Metropolitan Consumer. Price Index. The new fee schedule, as listed in "Exhibit A", represents a 2.5% increase in the Los Angeles -Riverside - Orange County Consumer Price Index for the year 2002. The CPI index was computed by averaging the first half 2002 CPI results of 3.1 with that of the second half CPI results of 1.9. (Refer Web Site httpH:stats.bls.gov/cpi) ...Please post the new fee. schedule upon receipt of this letter. This change shall be. effective from. December 1, 2003 through November. 30, 2004: As always, should you disagree with these calculations or desire to discuss this issue further, please feel free to contact Lieutenant Terry Lindsey; the Traffic/Aero Bureau Commander or me. Thank you in advance for you continued help and cooperation in serving the needs of the Huntington Beach Police Department and community. Sincerely, Kenneth W. Small Chief of Police Attachment: "Exhibit A" Cc: City Attorney Jennifer McGrath City Clerk Connie Brockway Records Manager Denise Robsel KWS;TJL DRUG USE IS AB IM14ti-r-Im Basic Tow Service (Standard sling or wheel lift truck) $96.00 Medium Duty or Flatbed Request $111.00 Heavy Duty (3) Axle or larger $159.00 Two Ton $128.00 Dolly $40.00 Rollover minimum $40.00 Drop Linkage $32.00 Clean-up fee (Fee charged to the City shall remain $35.00 by contract) $37.00 Hazmat fee, per 5 gallon bucket $79.00 Winching per hour $106.00 Vehicle Storage Vehicles Outside -per -day $27.00 Vehicles Inside —per day $32.00 Motorcycles Outside —per day $16.00 Motorcycles Inside —per day $22.00 Truck or Motor homes (larger than 20') $32.00 Vehicles stored as evidence —outside $14.00 Vehicles stored as evidence -inside $20.00 Motorcycles stored as evidence —outside $9.00 Motorcycles stored as evidence —inside $11.00 After hours release 5:00 p.m. —midnight $43.00 Midnight — 8:00 a.m. $59.00 Minimum Service Call or Drop Fee $48.00 ALL OF THE ABOVE RATES ARE DOUBLED IF THE TOW OPERATOR HAS TO WORK IN WATER ABOVE THE KNEES U:/TRAFFICD0CS/towfee2004 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 70 January 31, 2003 Mr. John Vaughn Best Towing 7472 Warner Avenue Huntington Beach, CA. 92647 Dear Mr. Vaughn, POLICE DEPARTMENT KENNETH W. SMALL Chief of Police CALIFORNIA 92648 Tel: (714) 960-8811 W U-) CD Pursuant to the "Police -Directed Tow Services" contract approved by the City Council of the City of Huntington Beach on July 15th, 2002, the rates, fees and charges that shall be imposed are attached to this correspondence in "Exhibit A." The new fee schedule represents an increase in the Los Angeles -Riverside -Orange County consumer price index for the period November 2001 through November 2002. Please post the new fee schedule upon receipt of this letter. This change shall become February 1st, 2003 through December 1st, 2003. Thank you for your continued help and cooperation serving the needs of the Huntington Beach Police Department. Sincerely, Kenneth W. Small, Chief of Police Attachment: "Exhibit A" Cc: City Attorney Jennifer McGrath City Clerk Connie Brockway Records Manger Denise Robsel KWS:WCP DRUG USE IS AB • 0 EXHIBIT A Basic Tows Service (standard sling or wheel lift truck) $93.00 Medium Duty or Flatbed Request $108.00 Heavy Duty (3) Axle or larger $155.00 Two Ton $124.00 Dolly $39.00 Rollover minimum $39.00 Drop Linkage $31.00 Clean-up fee (Fee charged to the City shall remain $35.00 by contract) $36.00 Hazmat fee, per 5 gallon bucket $77.00 Winching. per hour.. $103.00 Vehicle Storage Vehicle Outside — per day $26.00 Vehicle Inside — per day $31.00 Motorcycles Outside — per day $15.00 Motorcycles Inside — per day $21.00 Truck or Motorhomes (larger than 20') $31-.00 Vehicles stored as Evidence — outside '$13.00 Vehicles stored as Evidence — inside $19.00 Motorcycles stored as Evidence — outside $8.00 Motorcycles stored as Evidence - inside $10.00 After hours release 5.:00 p.m. — midnight $41.00 Midnight - 8:00 a.m. $57.00 Minimum Service Call or Drop Fee $46.00 ALL OF THE ABOVE RATES ARE DOUBLED IF THE TOW OPERATOR HAS TO WORK IN WATER ABOVE THE KNEES U:/TRAFFI CDOCS/towfee2003 RESOLUTION NO. 2001-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE FOR POLICE DIRECTED TOWING SERVICES AND GARAGE IMPOUNDS.. WHEREAS, Huntington Beach Municipal Code Section 5.66.170 authorizes the City to establish maximum charges for police -directed towing services and garage impounds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the maximum charge for police -directed towing services and garage impounds as set forth in Exhibit "A" attached hereto and by this reference made a part hereof; and BE IT FURTHER RESOLVED that the fees and amendments set out in Resolution No. 5159 as amended, relating to the maximum charges for police directed towing services and garage impound services shall be deleted. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of August , 2001. yor ATTEST: City Clerk off- 121- APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: - lice Chief U jmp,'L. resolution/towfee2/7/27/01 • • Res. No. 2001-52 EXHIBIT A Basic Tow Service (standard sling or wheel lift truck) $90.00 Medium Duty or Flatbed Request $105.00 Heavy Duty(3) Axle or larger $150.00 Two Ton $120.00 Dolly $38.00 Rollover minimum $38.00 Drop Linkage $30.00 Clean-up fee $35.00 Hazmat fee, per 5 gallon bucket $75.00 Winching per hour $100.00 Vehicle Storage Vehicles Outside - per day $25.00 Vehicles Inside - per day $30.00 Motorcycles Outside - per day $15.00 Motorcycles Inside - per day $20.00 Truck or Motorhomes (larger than 20') $30.00 minumum -Vehicles stored as Evidence - outside $13.00 Vehicles stored as Evidence - inside $18.00 Motorcycles as Evidence stored - outside $8.00 Motorcycles as Evidence stored - inside $10.00 After hours release 5:00 p.m. - Midnight; Midnight - 8:00.a.m. Minimum Service Call or Drop fee $40.00 $55.00 $45.00 ALL OF THE ABOVE RATES ARE DOUBLED IF THE TOW OPERATOR HAS TO WORK IN WATER ABOVE THE KNEES jrrp+,'resolution iowlee'-1617:01 Res. No. 2001-52 STATE OF CALIFORNIA } ......COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of August, 2001 by the following vote: AYES: Green, Julien Houchen, Garofalo, Dettloff NOES: Boardman, Cook, Bauer ABSENT: None ABSTAIN: None City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California If the name of the representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice thereof shall be given within five (5) working days of said change._ 16. TRANSFER OF OWNERSHIP . Tow Operator shall not sell or transfer any rights or obligations under this Agreement without the written authorization of the Chief of Police, except the following transferees or successors shall be entitled to such transfer of permit: A. Duly qualified representatives of permittees regularly appointed by courts of competent jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased permittees. B. The surviving partner or partners of a dissolved partnership. C. A new partnership consisting of the members of a predecessor partnership, plus their spouse or spouses of any such members. D. A new corporation, .organized and. controlled by an individual or unincorporated permittee: for the purpose of acquiring, or which has acquired the assets of the business previously owned and operated by such permittee. E. Upon dissolution of a closely held corporation, the stockholders to whom the assets are distributed. 17. INDEPENDENT TOW OPERATOR STATUS. The parties agree that the performance of the Tow Operator's services hereunder shall be in the capacity of an independent tow Operator, and that no officers,, agents, employees, or subtow operators of the Tow Operator have been, are or shall be employees of the City by virtue of this Agreement. The Tow Operator shall so inform each individual or entity which is hired, retained or engaged to perform any services under this Agreement. 18. RATES, FEES AND CHARGES. A. City shall have no responsibility or liability to Tow Operator for payment of any costs, charges or expenses incurred by Tow Operator for towing or storing any vehicles pursuant to the terms of this Agreement unless such liability or responsibility has been acknowledged in writing by the Chief of Police or his designee, or unless such liability or responsibility is imposed by law. Tow Operator shall have the right to salvage vehicles removed 12 Wav"erbest tom.,6!?7r02 from private property pursuant to this Agreement, subject to compliance with all applicable statutes and regulations. B. The rates,. fees and charges imposed by Tow Operator for towing or storing any vehicles. -pursuant to the terms of this Agreement shall not exceed those which are at any time approved by resolution of the City Council of the City of Huntington Beach. Commencing on December 1, 2001, the fee established by resolution shall be adjusted on December 1st of each year based upon the change in the Metropolitan Consumer Price Index for the Los Angeles -Riverside -Orange County, CA area during the preceding year. The Chief of Police shall then adjust the fees set forth in the resolution by such percentage change. The adjusted fee amount shall be rounded to the next highest dollar, and this amount shall constitute the fee authorized by Huntington Beach Municipal Code Chapter 5.66. Should the Consumer Price Index be revised or discontinued, the Chief of Police shall use the revised or a comparable index as approved by the City Council. C. Rates, fees and charges shall be posted in a conspicuous location at Tow Operator's place of business and may be collected by Tow Operator from a vehicle owner or.property.owner at the time he or she desires to effect the release of the vehicle from Tow Operator's .storage facilities: D. Should there be any dispute between the Tow Operator and a vehicle owner or property owner over rates, fees and charges imposed for services rendered under this Agreement, such dispute shall be decided by the City Administrator, or his duly authorized representative, and the Tow Operator shall make no demands upon the vehicle owner or property owner for a sum in excess of the amount determined to be reasonable by the City Administrator, or his authorized representative. The City Administrator or his representative may hold .an administrative hearing if any party to the dispute so requests. E. Tow Operator shall furnish to the person authorizing the towing service, or his agent, an itemized statement of services performed, including labor and special equipment used in towing the vehicle and the charges made therefor upon the request of: 1. The registered owner; or 2. The legal owner; or 3. The insurance carrier of either (a) or (b); or 4. The duly authorized agent of any of the foregoing. The permittee shall furnish a copy of such statement to any person authorized to receive the same without demanding payment as a condition precedent. i i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: July 23, 2002 TO: Best Towing Services ATTENTION: John C. Vaughan Name 7472 Warner Avenue DEPARTMENT: Street Huntington Beach, CA 92647 REGARDING: Agreement re: Police City, State, Zip Directed Towing & Storage See Attached Action Agenda Item E-8 Date of Approval 7 / 15/ 02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item: Remarks: Connie Brockway City .Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance x RCA Deed Other CC:. R. Lowenberg Police x x x Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance other C. Mendoza -Risk Mgmt x x Name Department RCA Insurance (Telephone: 714-536-5227) CITY CLERK'S ORIGINAL is 0 r. W*w4l PLI iu� CITY OF HUNTINGTON BEACH MEETING DATE: July 15, 2002 DEPARTMENT ID NUMBER: CA 02-22 Council/Agency Meeting Held: 07-IS -O L Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ ' City Cle 's Signature Council Meeting Date: July 15, 2002 (7-0 Department ID Number: CA 02-22 CITY OF HUNTINGTON BEACH o G REQUEST FOR COUNCIL ACTION ti L SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ri C) Y SILVER, City Administrator �� r'?CD SUBMITTED BY: II ov D >`�K PREPARED BY: AIL HUTTON, City Attorney = s RON LOWENBERG, Chief of Police co m SUBJECT: Award Contracts for Police -Directed To ices Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City award contracts to Mandic Motors, Inc., Metro Pro Road Service, and Best Towing Service for police -directed tow services? Funding Source: None. Recommended Action: Approve contracts with Mandic Motors, Inc., Metro Pro Road Service, and Best Towing Service, and authorize the Mayor and City Clerk to execute the contracts. Alternative Action(s): 1. Do not approve contracts. Anslvs1s: Police -directed towing is any tow authorized by a law enforcement official, such as an illegally parked vehicle. Consensual towing is a tow which is authorized by the owner of the vehicle, such as a AAA tow. On the other hand, non-consensual towing (sometimes known as "private party impounds") is any tow initiated by a person other than the owner of the vehicle or a law enforcement official. For example, the property owner can have an abandoned vehicle towed from a parking garage, or an apartment complex where a non-resident has parked in resident -only parking. A non -consensual tow must be reported to the Police Department to ensure that the vehicle owner may contact the police department to ascertain the location of the vehicle and prevent the investigation of the tow as a stolen vehicle. Currently, the City only regulates police -directed and non-consensual tow services. Eg 02-cowing -2- 6/27/02 4:41 PM REST FOR COUNCIL ACTIA MEETING.DATE: July 15, 2002 DEPARTMENT ID NUMBER: CA 02-22 This Request for Council Action relates solely to police -directed tow services. (Previously, the City Council adopted HBMC §5.67 and the related rate resolution regulating non- consensual tows.) The Police Department and City Attorney's office have worked extensively on the creation and implementation of a new process for the selection and regulation of police -directed towing services. Currently, police -directed tow services are authorized to operate via permits issued by the Police Department. However, it has become increasingly more difficult to ensure that the police -directed tow operators are providing the customer service expected as an extension of the Police Department and the City. Moreover, the history of the police - directed tow rotation system does not support the consideration of alternative tow operators to ensure the best service providers follow the same standards for lot requirements, equipment minimums and provide similar services. In October, 2001 the City Council authorized staff to initiate the selection process for police directed tow services. This process was initiated in May 2002 through the Purchasing Division. The selection committee was comprised of representatives from the Police Department, and Administration. After reviewing the four (4) proposals submitted, three operators were selected. Environmental Status: NA Attachment(s): Agreement between City of Huntington Beach and Mandic Motors, Inc., for police directed tow services. s MP 600. 10 2. IAgreement between City of Huntington Beach and Metro Pro Road Services for police directed tow services. S Goo.10 3. IAgreement, between City of Huntington Beach and Best Towing Service for police directed tow services. RCA Author: McGrath 02-towing -3- 7I2102 2:09 PM 0 Category 6 cqry b Data Entry Alpha Numeric M A ID Pending -7//S/02.0 44,nAle -polic,e 1)4f&^A,�A�t7 ro"j GAEfenilFileLabels2 Master.doc ATTACHMENT NO. 1 • Category 6 0 0 • / 0 Data Entry Alpha Numeric /1 � aft ID Pending WSA-L "06fro Pro olio S�t^ucc� Cloaa �, Ole+nvl' l��lcc2 A-Pp�•• 1��,7` .r] I �'e�><P4 7-O w S r,, _.. . S2.�ucc-ee-wj.T'��r,�,D �lv►riPh " 12 Page 20 of 20 ATTACHMENT NOm.2- 0 • ATTACHMENT 3 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHN C. VAUGHAN, dba BEST TOWING SERVICE FOR POLICE DIRECTED TOWING AND STORAGE SERVICES THIS POLICE DIRECTED TOWING AND STORAGE AGREEMENT ("Agreement") is made and entered into this day of July 15 , 2002, by and between the CITY OF HUNTINGTON BEACH , a municipal corporation (hereinafter "City"), and JOHN C. VAUGHAN, dba BEST TOWING SERVICE a partnership, (hereinafter "Tow Operator"), located at 7472 Warner Avenue, Huntington Beach, CA 92647. WHEREAS, the City requires, from time to time, towing and storage services in connection with vehicles which have been determined to be a public nuisance pursuant to Chapter 10.08 of the Huntington Beach Municipal Code, or which are in violation of statutes and ordinances relating to parking, traffic, and law enforcement; and .Tow Operator represents that it has the managerial and operating personnel and the facilities and equipment necessary to provide the required vehicle towing and storage services to the City on the terms and conditions herein after set forth. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the parties agree as follows: SCOPE OF SERVICES. A. City hereby designates Tow Operator's storage facilities located at the address identified above as an "Official Police Garage" and a "Designated Public Garage" for the purposes of California Vehicle Code Section 22658. B. City hereby engages Tow Operator, and Tow Operator accepts such engagement, to furnish towing and storage services for those vehicles which are generally described in the recitals in this Agreement and more particularly described in Tow Operator's proposal dated June 5, 2002. Such services shall be performed in a prompt, efficient, and orderly manner following notification by the City's representative, or by any other authorized officer or employee of the City. 2. DUTIES OF TOW OPERATOR A. Shall respond to the location requested by the City within twenty (20) minutes of receipt of a call from City. If Tow Operator is not able to respond within the aforementioned response time, it shall notify the City 02agree/best tow/6/28/02 immediately advising the City of the expected time of arrival (ETA). If the ETA is unacceptable to the City, the City reserves the right to contact an alternate towing Tow Operator to provide the service. B. Provide deployment of trucks for special events such as DUI check points, street fair and/or parades as requested periodically. Tow Operator shall have the capability with pre -approved subcontractors (pursuant to Section 25 herein), to tow up to 100 vehicles in a five (5) hour period for said special events. Such events will be coordinated with the Tow Operator at least 24 hours in advance. The City reserves the right to assign all contract tow services to a "special event" if required by the size of the event and number of vehicles to be towed. C. Shall not perform any work or services upon any impounded vehicle without first obtaining the owner's written consent to such work or services. Parts or accessories shall not be removed from any vehicle without authorization except as necessary for security purposes. Under such circumstances, the parts or accessories removed shall be listed on the itemized statement and stored in the business office. This Section shall not be construed as prohibiting permittees from making emergency alterations necessary to permit the removal by towing of such vehicle. D. Shall not solicit or receive any contracts or purchase orders for repairs on an impounded vehicle from an owner until the vehicle has been released by the Chief of Police, or his designee. E. Shall safeguard all vehicles and other property placed in its possession pursuant to the Agreement. The indemnification set forth in this Agreement shall be applicable to all claims or demands attributable to or arising out of Tow Operator's possession, control and handling of such vehicles and property. F. Shall not bill the City a fee in excess of the rate established by resolution of the City Council for any clean up request resulting from a traffic collision where there is no tow service required, unless otherwise approved. G. Shall maintain a "Designated Public Garage" with 24 hour access for acceptance of tows for storage pursuant to California Vehicle Code Section 22658. Tow Operator may charge a reasonable gate fee for vehicle drop-off between 5:00 p.m. and 8:00 a.m. Tow Operator shall pay non-consensual tow operator for tow service within two (2) business days of receipt of tow. 2 02agree/best tow/6/27/02 3. TOW OPERATOR LOT/STORAGE/OFFICE REQUIREMENTS. A. Except as discussed in Sections 4 and 5 of this Agreement, Tow Operator's lot must: 1. Be able to hold a minimum of 200 vehicles on its lot simultaneously. Lighting must be sufficient to afford easy visibility to all areas of the lot. The lot must be in a the proper zone and located within the City Limits. Except as provided in Sections 4 and 5 of this Agreement, the business must comply with all City or county and state standards throughout the time that this Agreement remains in effect, including all permits, licenses or land use approval requirements of the City or any other local, county, state or federal agency to operate its towing service business on the lot. 2. Be completely enclosed with a minimum of six-foot fence topped with wire or some other security device. Security shall be adequate to preclude theft, vandalism or damage by activity while in the carrier establishment. The view to all automobiles must be obstructed from the roadway. No vehicles shall be left parked or stored on the public streets at any time. The business must provide off-street parking for its equipment and be able to accommodate at least six (6) additional vehicles for customer parking. Storage vehicles should be secure away from customer parking and the office area. 3. Contain a storage facility with an enclosed garage capable of holding a minimum of three (3) vehicles, for vehicles that have been ordered impounded by the Police Department as a result of being involved in the commission of a crime or as evidence. Said enclosed garage shall be lockable and accessible to the Police Department on request. Vehicles stored in said garage shall not be removed from protective storage.until released by the Chief of Police, or his designee. 4. Shall not remove any vehicle from the storage facilities without written authorization from an authorized officer or employee of the. City with the exception of private impounds. 5. Be available to accept vehicles 24 hours a day, 7 days a week, 365 days a year, towed pursuant to California Vehicle Code Section 22658. 3 02agree/besttow/6/27/02 B. Tow Operator's Office must: 1. Be posted with a sign listing the rates and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other places where customer financial transactions take place. 2. Be located within the City of Huntington Beach City limits, with a sign posted including -the company name, address, phone number - and hours of operation, to beclearly. visible from the -roadway. 3. Be located on the Tow Operator's lot. 4. Be open and staffed with personnel able to conduct business Monday through Friday during normal business hours. 4. COMMENCEMENT OF SERVICES/NON-COMPLIANCE WITH LOT REQUIREMENTS A. Should -Tow Operator meet or exceed all lot requirements asset forth in Section 3, Tow Operator shall be permitted to commence services under this Agreement upon execution. B. Should Tow Operator maintain a storage lot within City limits which is legal non -conforming pursuant to the applicable zoning ordinances, yet does not meet the lot requirements set forth in Section 3, Tow Operator shall be permitted to commence services under this Agreement upon execution; however, Tow Operator will be required to comply with all milestone requirements of Section 5 and must meet all requirements of Section 3 within eighteen months of execution of this Agreement. C. Should Tow Operator establish evidence of an ownership or leasehold interest in a parcel which is capable of use as a lot in compliance with Section 3, Tow Operator may not commence services under this Agreement unless and until all milestone requirements of Section 5 have been satisfied, and all lot requirements of Section 3 have been met. 5. COMPLIANCE WITH LOT REQUIREMENTS Tow Operator subject to Sections.4(b) and 4(c) of this Agreement shall submit evidence of the following milestones to the satisfaction of the Chief of Police. A. Submittal of a conditional use permit application or appropriate zoning application and appropriate fee to the City's Planning Department no later than November 15, 2002. 4 02agree/best tow/6/27/02 B. Submittal of all requisite permits and appropriate fees to the City's Building Department no later than August 15, 2003. C. Issuance of a certificate of occupancy and completion of a final inspection no later than February 15, 2004. Failure to submit the requisite evidence as defined above will constitute a breach of contract subject to termination pursuant to Section 11 of this Agreement. The Chief of Police may authorize a reasonable extension based on a demonstration of good faith by the Tow Operator. 6. RELEASE OF IMPOUNDED VEHICLES. A. Tow Operator shall release impounded vehicles only upon presentation of an official Police Department Release signed by an authorized officer or employee of the City's Police Department or upon verbal approval by an authorized officer or employee of the City's Police Department. B. Tow Operator shall ensure that vehicles are available for release from impound and storage 24 hours a day, 7 days a week, 365 days a year. Tow Operator must clearly mark its storage facility with a telephone number to call if release is requested after normal working hours. Normal working hours shall be from 0800 hours to 1700 hours, Monday through Friday, with the only exception being on Officially recognized. holidays. C. Tow Operator shall advise the Records Bureau of the Police Department of all vehicles impounded by the Police Department and not released after thirty (30) days after the conclusion of the tow rotation. Tow Operator shall identify such vehicles by year, make, model, color, license and vehicle identification number, and shall comply with Section 10652 of the Vehicle Code by notifying the California Highway Patrol, Sacramento, California, by receipt mail. D. If Tow Operator fails to give the notice referred to in Section 10652 of the Vehicle Code, the indemnification provisions of this Agreement shall apply to all claims, demands or suits against the City attributable to or arising out of such failure. E. Tow Operator will, at the request of the City, release any vehicle from storage and/or impound at no cost to the registered owner, unless such liability or responsibility has been acknowledged by the Chief of Police, or unless such liability or responsibility is imposed by law. 5 02agree/best tow/6/27/02 7. TOW OPERATOR'S EQUIPMENT. A. Tow Operator shall have available a minimum of six (6) tow trucks with drivers permanently stationed in the City during the Tow Operator's rotation, including 2 flatbed, 3 wheel lifts, and 1 tow vehicle with a GVWR of at least 14,000 lbs. B. Tow Operator, shall have available for use special equipment which is required to handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles such as motor homes, motorcycles and forklifts. C. Tow Operator shall either have, or have access to through a subcontractor, a tow vehicle capable of towing large trucks. D. Tow Operators shall not employ converted pick-up trucks or other vehicles not specifically designed by the manufacturer for towing other vehicles E. All vehicles used in the performance of the herein Agreement shall contain necessary communications equipment for radio transmissions and reception which comply with all FCC regulations and requirements. City frequencies shall not be used by Tow Operator and all of aforementioned equipment shall be purchased and maintained at Tow Operator's expense. F. All vehicles shall be well maintained and next to new in appearance, with the name, address and phone number of Tow Operator's Huntington Beach location permanently affixed to the vehicle. G. All towing vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off traveled portions of roadways into inaccessible locations. H. All required tow vehicles shall also have the capability to tow a boat or other trailered item. Tow Operator is expected to possess the standard tools of the trade such as slim jim, dolly, etc. All vehicles shall also conform to and be maintained according to the latest edition of the California Vehicle Code. K. Tow Operator's tow trucks shall be rated, at a minimum, one ton capacity, and each vehicle shall be equipped, operated and maintained in compliance with Sections 24605, 25253, 25300, 27700 and 27907 of the Vehicle Code. 6 02agree/best to%v/6/27/02 L. Tow Operator shall submit at any reasonable time to a Police Department inspection of all drivers, vehicles, equipment and yards. Such an inspection is required prior to the renewal of any contract. 8. CONTRACTOR'S PERSONNEL A. All -personnel must possess the proper State of California Driver's License required to operate all vehicles and equipment required to be used in the performance of the contract. B. Prior to engaging the services of any driver, Tow Operator shall provide such driver copies of all applicable provisions of the Vehicle Code relating to vehicle towing and storage services. In addition, all personnel shall be thoroughly trained in the proper and safe use of all equipment used in doing the necessary work. C. Tow Operator's business operations shall be conducted at all times in an orderly, ethical and courteous manner, and Tow Operator shall use its best efforts to secure and maintain the confidence of vehicle owners and operators. Any and all complaints filed with the Police Department, by a vehicle owner, operator or other patron, against Tow Operator's business operation or employee, shall be thoroughly investigated. At the conclusion of the investigation a recommendation of action shall be forwarded from the Chief of Police to the City Manager's Office for approval by the City Council. D. All towing services performed under this contract shall be at the direction of the City representative at the scene. E. All personnel shall wear uniforms which bear the name of the individual and the towing company in a conspicuous place on the uniform. F: All current and future personnel performing services for the City under this contract, prior to commencing work for the City shall: (1) be fingerprinted and photographed by the Huntington Beach Police; and (2) submit the following information to the Huntington Beach Police Department: 1. Name, date of birth, driver's license number, and residence address; 2. The business, occupation, or employment history for three (3) years immediately preceding the date of the application, including permit history; and 7 02agree/best tow/6/27/02 • 3. All criminal convictions or proceedings in which a plea of guilty or nolo contendere was entered, including Vehicle Code violations; G. All personnel shall be fluent in the English language. H. The Chief of Police, reserves the right to refuse personnel from performing services under this Agreement if, in the reasonable belief of the Chief of Police, the individual: 1. is unfit to be trusted with the privileges granted by said Agreement or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; or 2. is a person under the age of eighteen (18) years; or 3. has made a material misrepresentation in his application; or 4. has committed or aided or abetted in the commission of any act, or act of omission, which if committed by a permittee would be grounds for suspension or revocation of a permit; or 5. does not possess a valid California driver's license. 9. ROTATING SCHEDULE FOR SERVICE CALLS. A. If, pursuant to other agreements, the City utilizes vehicle towing and storage services in addition to those provided by Tow Operator, Citx shall use its best efforts to assign requests for towing services on the 15 and last day of the month on a rotating schedule. B. Tow Operator agrees to respond to the location specified in a call for service within twenty (20) minutes after notification by the Police Department. C. If Tow Operator fails to arrive at the location specified in the call for service within twenty (20) minutes, the Police Department will notify Tow Operator of cancellation on that call for service. The next Tow Operator on the rotating schedule will then be notified. D. The City reserves the right to use any towing and storage services, whether or not pursuant to prior agreement, in the event of any emergency or calamity or when contracted services are unavailable for any reason. 02agree/best tow/6/27/02 10. TERM OF AGREEMENT. The term of this Agreement shall commence on August 15, 2002, and shall continue for a period not to exceed five (5) years with an option for five (5) additional years upon the agreement of both the City and Tow Operator, or upon termination by either party, whichever occurs first. Performance under this Agreement shall, not commence until the Tow Operator has obtained the City's approval -of the insurance and surety bond required by this Agreement. 11. BREACH OF AGREEMENT; GROUNDS FOR ASSESSMENT OF PENALTIES AND AGREEMENT TERMINATION A. The City reserves the right to terminate any Agreement or assess damages or penalties against the Tow Operator in the event of a material breach of any of the Agreement terms, or any material term of any applicable federal , state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. Breaches which are grounds for termination include, but are not limited to: 1. If the Tow Operator practices, or attempts to practice, any fraud or deceit upon the City. 2. If the Tow Operator becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Tow Operator in a bankruptcy proceeding. 3. If the Tow Operator materially fails to meet the customer service standards established. by City and this Agreement over a three (3) month period of time. 4. If the Tow Operator fails to provide or maintain in full force and effect, the liability and indemnification insurance letter of credit or bonds as required by this Agreement. 5. If the Tow Operator willfully fails to provide City with required information and/or reports in a timely manner and upon City request, as provided in this Agreement. 6. Any other willful act or omission by the Tow Operator which materially violates the terms, conditions or requirements of the Agreement or any order, directive, rule or regulation issued thereunder and which is not timely corrected or remedied pursuant to Section 12 of this Agreement. 9 02agree/best tow/6/27/02 12. PROCEDURE FOR ADJUDICATION OF BREACHES OF THE AGREEMENT: A. Prior to imposing any sanction or penalty, including termination of the Agreement upon the Tow Operator, the Chief of Police shall give the Tow Operator notice of the breach and a reasonable period to correct it. B. The Chief of Police shall establish a reasonable notice of cure period. The notice to cure period shall be a minimum of thirty (30) days in all cases (except in cases of emergency where a shorter time may be prescribed consistent -with .the nature of the emergency). If the breach is not timely cured, the Chief of Police shall cause to be noticed a public hearing before the City. Council (or refer the matter to a hearing officer, who shall make a recommendation to the City Council) on whether there has been a material breach of the Agreement, and the appropriate penalty. 13. HEARING PROCEDURE A. A full, evidentiary public hearing shall be held to determine if the Tow Operator materially breached the Agreement, and what penalty shall be imposed. B. The evidentiary hearing shall be conducted upon a minimum of fourteen (14) days written notice duly given to Tow Operator and published notice provided to the public. Tow Operator may present relevant and appropriate evidence, orally and in documented form. Based on the evidence presented at the hearing, a written determination shall be made whether the Agreement should be revoked or the Tow Operator should be penalized. The hearing body may make any other determinations which are reasonably related to the Agreement. C. Should the hearing body find that there has been a material breach of the Agreement, but that revocation is inappropriate, then it may assess and levy monetary penalties against Tow Operator as set forth in this Agreement. D. Tow Operator shall receive written notice of any action taken following the hearing. E. Pursuant to Section 12 of this Agreement, the Chief of Police shall cause the evidentiary hearing to be conducted by a hearing officer or the City Council. If a hearing officer conducts the hearing, then the City Council shall hold a subsequent public hearing to determine if the hearing officer's recommendation should be affirmed, reversed or modified. 10 02agree/best tow/6/27/02 F. Tow Operator shall be entitled to initiate an action in state court to challenge the determination of the City Council pursuant to California Code of Civil Procedure §1094.5 within not more than ninety (90) days of receiving notice of the City Council's action. 14. FORCE MAJEURE; TO.W.OPERATOR'S INABILITY TO PERFORM. In the event Tow Operator's performance of any of the terms, conditions or obligations of this Agreement is prevented by any cause beyond Tow Operator's reasonable -control, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Tow Operator has notified City in writing within thirty (30) days of its discovery of the occurrence of such an event. In such an instance, the Tow Operator shall have reasonable time, under the circumstances to perform its obligations or to procure a substitute for such obligation which is satisfactory to the City. For the purpose of this Section, causes or events not within the control of the Tow Operator shall include, but not be limited to acts of God, strikes, sabotage, riots or civil disturbances, epidemic, labor disputes, freight embargoes, explosion, natural disasters such. as floods, earthquakes, landslides and fires, rationing, and power or communications failures, but shall not include financial inability of the Tow Operator to perform or failure of the Tow Operator to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is materially due to the acts or omissions of the Tow Operator. 15. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICES. The Chief of Police, or his designee, shall be responsible for the administration of this Agreement. The Chief of Police is authorized to issue to Tow Operator directives concerning policies and procedures to be implemented in connection with the towing and storage of vehicles. In the event of dispute between the parties as to the nature and extent of the services to be performed hereunder, or the level and manner of performance, the determination made by the City Administrator, or his designee, shall be final and conclusive as between the parties. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by mail. The representatives of the respective parties who are authorized to administer this Agreement, and to whom formal notices, demands and communications shall be given are as follows: To CITY: Chief of Police City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 To TOW OPERATOR: John C.Vaughan Best Towing Services 7472 Warner Avenue Huntington Beach, CA 92647 02agree/best tow/6/27,102 11 If the name of the representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice thereof shall be given within five (5) working days of said change. 16. TRANSFER OF OWNERSHIP. Tow Operator shall not sell or transfer any rights or obligations under this Agreement without the written authorization of the Chief of Police, except the following transferees or successors shall be entitled to such transfer of permit: A. Duly qualified representatives of permittees regularly appointed by courts of competent jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased permittees. B. The surviving partner or partners of a dissolved partnership. C. A new partnership consisting of the members of a predecessor partnership, plus their spouse or spouses of any such members. D. A new corporation, organized and controlled by an individual or unincorporated permittee for the purpose of acquiring, or which has acquired the assets of the business previously owned and operated by such permittee. E. Upon dissolution of a closely held corporation, the stockholders to whom the assets are distributed. 17. INDEPENDENT TOW OPERATOR STATUS. The parties agree that the performance of the Tow Operator's services hereunder shall be in the capacity of an independent tow Operator, and that no officers, agents, employees, or subtow operators of the Tow Operator have been, are or shall be employees of the City by virtue of this Agreement. The Tow Operator shall so inform each individual or entity which is hired, retained or engaged to perform any services under this Agreement. 18. RATES, FEES AND CHARGES A. City shall have no responsibility or liability to Tow Operator for payment of any costs, charges or expenses incurred by Tow Operator for towing or storing any vehicles pursuant to the terms of this Agreement unless such liability or responsibility has been acknowledged in writing by the Chief of Police or his designee, or unless such liability or responsibility is imposed by law. Tow Operator shall have the right to salvage vehicles removed 12 02agree/best tow/6/27/02 from private property pursuant to this Agreement, subject to compliance with all applicable statutes and regulations. B. The rates, fees and charges imposed by Tow Operator for towing or storing any vehicles pursuant to the terms of this Agreement shall not exceed those which are at any time approved by resolution of the City Council of the City of Huntington Beach. Commencing on December 1, 2001, the fee established by resolution shall be adjusted on December 1st of each year based upon the change in the Metropolitan Consumer Price Index for the Los Angeles -Riverside -Orange County, CA area during the preceding year. The Chief of Police shall then adjust the fees set forth in the resolution by such percentage change. The adjusted fee amount shall be rounded to the next highest dollar, and this amount shall constitute the fee authorized by Huntington Beach Municipal Code Chapter 5.66. Should the Consumer Price Index be revised or discontinued, the Chief of Police shall use the revised or a comparable index as approved by the City Council. C. Rates, fees and charges shall be posted in a conspicuous location at Tow Operator's place of business and may be collected by Tow Operator from a vehicle owner or property owner at the time he or she desires to effect the release of the vehicle from Tow Operator's storage facilities. D. Should there be any dispute between the Tow Operator and a vehicle owner or property owner over rates, fees and charges imposed for services rendered under this Agreement, such dispute shall be decided by the City Administrator, or his duly authorized representative, and the Tow Operator shall make no demands upon the vehicle owner or property - owner for a sum in excess of the amount determined to be reasonable by the City Administrator, or his authorized representative. The City Administrator or his representative may hold an administrative hearing if any party to the dispute so requests. E. Tow Operator shall furnish to the person authorizing the towing service, or his agent, an itemized statement of services performed, including labor and special equipment used in towing the vehicle and the charges made therefor upon the request of: 1. The registered owner; or 2. The legal owner; or 3. The insurance carrier of either (a) or (b); or 4. The duly authorized agent of any of the foregoing. The permittee shall furnish a copy of such statement to any person authorized to receive the same without demanding payment as a condition precedent. 13 02agree/best tow/6/27/02 19. LETTER OF CREDIT A. The Tow Operator shall establish a case deposit or letter of credit in favor of the City in the sum of $50,000.00 and in the form approved by the City Attorney. The letter of credit shall serve as security for the faithful performance by Tow Operator of all the provisions and obligations of the Agreement. B. If within thirty (30) days following receipt of written notice from the City of Two Operator's failure to pay City an amount owing under this Agreement, Tow Operator has not paid such amount as is due and owing to City, the letter of credit may be assessed by the City upon five (5) days prior written notice to the Tow Operator indicating the intention of the City to draw upon the letter of credit, the amount to be drawn and the reason therefor. The City may assess the letter of credit for purposes including, but not limited to: 1. Reimbursement of costs borne by City to correct violations not corrected by Tow Operator, after due notice and opportunity to cure. 2. Monetary remedies or damages assessed against Tow Operator due to breach of the Agreement after due and opportunity to cure. C. Tow Operator shall deposit a sum of money sufficient to restore the letter of credit to the original amount within thirty (30) days after notice from City that an amount has been withdrawn from the letter of credit, specifying the date and amount of the withdrawal. 20. ALTERNATIVE REMEDIES. Remedies provided for in this Agreement are cumulative and in addition to other rights the City may have at law or equity or under this Agreement, which it may exercise at any time. In no event shall the amount of any bond or letter of credit be construed to limit Tow Operator's liability for damages. 21. REGULATION. Tow Operator shall comply with all state statutes and local ordinances, shall make all reports required by the Vehicle Code of the State of California, and shall follow all reasonable rules and regulations which the Chief of Police of the City may from time to time prescribe governing the conduct of Tow Operator's operations under this Agreement. 14 02agree/besttow/6/27/02 22. RECORD KEEPING AND REPORTING. Tow Operator shall keep records on all vehicles handled by Tow Operator pursuant to this Agreement. Tow Operator shall record the following: 1. Time of receipt of call. 2. Location of call. 3. License number, make and model of vehicle. 4. Date of release. 5. Person or firm to whom released. 6. Charges imposed. 7. Police case number, if assigned. Said reports shall be submitted in writing in a form acceptable to the City. Tow Operator will provide access to City upon demand for auditing purposes. 23. CITIZEN COMPLAINTS, A. Tow Operator shall establish -written procedures for receiving, acting upon and resolving citizen complaints without intervention by the City consistent with the Tow Operator's complaint handling procedures shall be designed to accomplish the following: Receipt and acknowledgment of any complaint made in person or by telephone within twenty four (24) hours, regardless of the time the complaint is made. 2. Acknowledgment of any complaint received by mail at Tow Operator's office within ten (10) business days of the date such compliant is made. B. In the event of a dispute between the citizen and Tow Operator regarding the bill, Tow Operator shall promptly investigate the dispute and report the results to the subscriber. In the event the dispute is not resolved to the citizen's satisfaction, Tow Operator shall inform the City of its complaint procedures. C. Tow Operator shall respond within two business days to complaints made or referred by City. 24. WORKER'S COMPENSATION INSURANCE. Pursuant to California Labor Code Section 1861, Tow Operator acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; Tow Operator covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 15 02agree/best tow/6/27/02 Tow Operator shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. Tow Operator shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. Tow Operator shall furnish to City a certificate of waiver of subrogation under the terms of the workers compensation insurance and Tow Operator shall similarly require all subcontractors to waive subrogation. 25. INSURANCE. In addition to the workers compensation insurance and Tow Operator's covenant to indemnify City, Tow Operator shall obtain and furnish to City: A. A policy of general public liability insurance, including motor vehicle coverage covering the services. Said policy shall indemnify Tow Operator, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the services, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, .including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name City, its. officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the services shall be deemed excess coverage and that Tow Operator's .insurance shall be primary. B. Automobile liability insurance covering all vehicles used by Tow Operator to fulfill there herein Agreement, with minimum limits of liability of One Million Dollars ($1,000,000) combined single limit coverage against any injury, death, loss or damage due to wrongful or negligent acts or omissions by the Tow Operator and/or his employee and/or subtow operators. C. "On -Hook" liability insurance with minimum limits of twenty-five Thousand Dollars ($25,000)/Fifty-Thousand Dollars ($50,000)/One-Hundred Thousand Dollars ($100,000). D. Garage keeper's liability insurance with minimum limits of Two Hundred -Thousand Dollars ($200,000) combined single limit coverage. 16 02agree/best tow/6/27/02 • . • All insurance required hereunder shall be issued by a company rated "A" or better in Best's Key Rating Guide and authorized to transact business in the State of California as an admitted surety insurer. 26. CERTIFICATE OF INSURANCE. Prior to commencing performance of the work hereunder, Tow Operator shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to City. Tow Operator shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by Tow Operator under this Agreement. CITY or its representative shall at all times have the right to demand the original or a -copy of all said policies of insurance. Tow Operator shall pay, in a prompt and timely manner, the premiums on all insurance herein above required. 27. FAILURE TO PROVIDE INSURANCE. The City may, without prior notice, immediately suspend or terminate this Agreement if, at any time, the Tow Operator fails to provide or maintain the insurance required hereunder. 28. INCREASE IN COVERAGE. Nothing contained in this Section shall be deemed to preclude the City, after consultation with other law enforcement agencies, from requiring Tow Operator to increase the amounts of insurance coverage specified herein, or to obtain and maintain other types of insurance coverage, in order to protect the interests of the City and its vehicle owners and operators. Tow Operator shall comply with such new or additional requirements within a reasonable time after receipt of City's written request. 29. INDEMNIFICATION. Tow Operator shall protect, defend, indemnify and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or -in connection with Tow Operator's performance of its services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement by Tow Operator, its officers, agents or employees, except 17 02agree/best tow/6/27/02 such loss or damage which was caused by the sole negligence or willful misconduct of the City. 30. SUBCONTRACTING, DELEGATION AND ASSIGNMENT. A. Tow Operator shall not.delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the Chief of Police. Failure to receive prior approval shall be grounds for immediate cancellation of the herein Agreement at the option of the City Council. B. Tow Operator may use subcontractors only after receiving written approval from the City. C. Any authorized assignment, delegation or subcontract shall be made in the name of the Tow Operator and shall not bind or purport to bind the City and shall not release the Tow Operator from any obligation under this Agreement. 31. COMPLIANCE WITH STATE LAW. A. Tow Operator shall comply with Sections 22523, 22524, 22669, 22670, 22671, and 22850 through 22856 of the Vehicle Code which relate to the removal, storage and disposition of abandoned vehicles and liens of garage keepers. B. Tow Operator shall keep fully informed of and comply with all City, County, State and Federal laws, ordinances and/or regulations which are applicable to the Tow Operator and/or those engaged or employed by the Tow Operator in doing the services to be provided by Tow Operator pursuant to the herein agreement, including but not limited to the handling of vehicles, lien sales with outstanding parking penalties, owner notifications, removal, storage and disposition of abandoned vehicles, etc. C. Tow Operator shall obtain and maintain all permits and licenses, pay all charges and fees, and give all notices required by city ordinances or other laws relating to the performance of the herein Agreement. 32. NON-DISCRIMINATION. A. In the performance of this Agreement, Tow Operator shall not discriminate against any member of the public, employee, subtow Operator, or applicant for employment because of race, color, religion, ancestry, sex, national origin, handicap or age. Tow Operator will take affirmative action to ensure that members of the public are served, subtow operators and applicants are employed, and that employees are treated during 18 02agree/best tow/6/27/02 employment without regard to their race, color, religion, ancestry, sex, national origin or age. B. The provisions of paragraph A above shall be included in all solicitations or advertisements placed by or on behalf of Tow Operator for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Tow Operator and its subtow operators for purposes of determining compliance with the fair employment and non-discrimination provisions of this Section. 33. PERMITS AND LICENSES. Tow Operator shall obtain and maintain during the term of this Agreement all necessary licenses, permits and certificates required by law for the conduct of Tow Operator's activities and for the provision of services hereunder, including a business license issued by the City. 34. ADVERTISING. Contractor shall not display or use any signs, advertising materials, logos, etc., which indicate that the Contractor is an official towing service for the City of Huntington Beach without written authorization of the City. A designation of "Official Police Tow" or similar language is not acceptable without prior written consent. 35. CONFLICT OF INTEREST. The parties agree that, to their knowledge, no member of the City Council, officer or employee of the City has any interest, whether contractual, non -contractual, financial or otherwise in this transaction, or in other business of the Tow Operator, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party, even if such interest would not be considered a conflict of interest under applicable laws. Tow Operator covenants that it has, at the time of execution of this Agreement, no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner with the performance of services required hereunder. Tow Operator further covenants that, in the performance of the services hereunder, no person having any such interest shall be engaged or employed. 36. RESOLUTION OF DISPUTES. A. Disputes regarding the interpretation of application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between parties. B. Disputes regarding the precipitating cause for any removal, seizure or impound of a vehicle directed by the Police Department shall, to the 19 02agree/best tow/6/27/02 0 extent feasible, be resolved by the Police Department Station Commander pursuant to Division 11, Chapter 10 of the Vehicle Code commencing with Section 22650 thereof; provided, however that this procedure shall not apply to removal of vehicles pursuant to Sections 22660 through 22668, inclusive, and Sections 22655, 22658, or 22710 of the Vehicle Code. The dispute shall be referred -to the attention of.the Police Department Station Commander by the aggrieved party within ten (10) days after the.disputed removal, seizure or impound. A hearing shall be conducted by an authorized member of the City's Police Department within forty-eight (48) hours. Tow Operator shall abide by the decision rendered. 37. AGREEMENT NON-EXCLUSIVE. The City reserves the right to contract for towing and storage with more than one Tow Operator. 38. AMENDMENTS. This Agreement supersedes all prior proposals, agreements and understandings between the parties and may not be modified or terminated orally, and no modification, termination or attempted waiver of any of the provisions hereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced. REST OF PAGE NOT USED 20 02agree/besttow/6/27/02 39. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. TO OPERATOR: BET OWING SER CE, a partnership By: n C. VaucLKan Sandra K. Vaughan REVIEWED AND APPROVED: City Mministrator APPROVED AS TO FORM: ity Attorney �1�Z INITIATED -AND APPROVF.45?, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: City Clerk a7- u-oa Chief of Police 21 02agree/best tow/6/28/02 c • •ff[i vo 'MOVER RDLDMMeun0 -ASI flu o► anew now NLVMMM a► OBI man fluty• ava - Q! BaaiO'1dRa 1 Ba DUAO ' a mem In1R tilt AwVd N 3 Olml!!1 nu IAORMu We fouwiau ButaeT ad -I 'eoTaH Ammuman [O I&= fit ffww wnmm u ma11oa alffae• IAofr neL A AM O11101N ,Wmbm Vzon 000'99sy - Anna azxaoa "exaGam ammumaN t1)f[! IM 'MMTa4 MOA MIi9QA '1111111RAQ iaMRTM CL•L smorAvoo 81u� a 000.000 - --J6%zgzl xz andaunwaT rtmaltas aoanla/xooe no OOdOOT a'imma Bad t00C/10/f0 LOGE/TO/i0 !TlOfLK• faun - • 0-1194M IMG 89we6aum • IMAMW-301ra8tl13 134 amnogamamim ADID84MMU • AN3WWW Horn AlfiffMll,•19110'MIN amfouvensam Owtaro. i F#IWV SAMNVwuiUo ! 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PLEASE Ri#iT CAREFULLY. IL 12 01 11 85 POLICY CHANGES FQLICY CHANGE NUMBER' POLIC' MUMBER PQi ICY CHANGES EFFEC COMPANY 2287E OSIS 04/01/02 Valley Forge Insurance Company Cl,C NAME1 78URED AUTHORI7,f ;n REPRESENTATIVE � Best Towing Transportation Services DBA: Best Towing �l 1 Servil * John Vaughan & Sandra Vaughan DBA: 0" i0 G' QV�l 1AE ARTS APPECTED ALL t oirerage Parrs THE :ONDITIONS, PROVISIONS, LIMITATIONS AND EXCLUSIONS THAT APPLY TO THE POLICY APPLY TO TAIS ENDORSEMENT. TO TIE EXTENT THAT: City 0 Huntington Beach, Its Agents. Officers & Employees 2000 Main Street Huntington Beach CA 92048 IS LIABLE FOR THE CONDUCT OF AN INSURED UNDER THE ABOVE POLICY, IT, HE OR SHE IS ALSO AN INSL RED BUT ONLY TO THE EXTENT OF THAT LIABILITY. Flat Gharge $100 ' Authorized Representative tgnature au' 32 (11-85) Copyright. Insurance services Office, Inc.,1983 IL 112 01 11 85 Capyright. ISO Commercial Risk Services, Inc.,1963 Page 1 of 1 cl �� BROKER COPY STATE P.O. BOX 42OWT, SAN FRANCISCO, CA 94142-0807 YwUNaa FUND CEiMICATE OP WOMMRW COMPENSATION INSURANCE yY17t 30, 2002 POUCYNUMBER: 1649935-2002 CERnFRCATE 10: 2 CERTIFICATE WIRES: 04-01-20D3 04-01-2002/04-01-1003 CIT9 or Oat BBACR I" Dsom, amcm wo BNi7 oms 7000 DBRIw ALL CALIPMUL1 00MATIM9 CA 09i4B TM IS to.O�o0mBD We hWv btNed a v90d b time, � is _ _ Me In a &M appmvod by e Caffamis This paftNs not=* d to co to Nstlan byt In Farad aimW mm 30 dap Worn awn nd w to to eewWor. ylte aA0 alao plus you 80 daye atNw�ee aadDe etiDuld OBD pet�.y be earceW pdDr fe Ma rtonrwl expNsMon. Thls s6eMad� d Mwr#nep Is nd pn bmwence poby and doss nit wpwx . a►isnd araim Mrs cwAmW afforded by *9 t�IdY LId LIASIL24Y LIMIT ZWCG03M DEP' M COM: d1,000,000 PER OCCORRBUM DPP #2066 UU PLBC CM=FZCR= HOLMD- 1i0TI03 BPPBCTIVB 04-01-2002 IB A'1'IMCM TO AM 90SIt09 A PART QV TM )PMZCY. VA=WHp tI 'M A= VALI®p11t, Ghti=A ABA4 BB&T TOWIM 7472 WI O M AVE SOIUM R= iEa1= CA 92"7 • aah•-u92 LN RCA ROUTING SHEET INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE SUBJECT: Award Contracts for Police -Directed Tow Services COUNCIL MEETING DATE: July 15, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RE ED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: jmp NPLICATE J� CITY OF HUNTINGTON BEACH Inter -Department. Communication TO: CONNIE BROCKWAY, City Clerk FROM: GAIL HUTTON, City Attorney _a DATE: July 15, 2002 $UBJECTi Late Communication — Item E-8 iv x _ n Due to inadvertence, Section A of Paragraph 1 of the Tow Operator agreements was not completed. Please replace the following pages with their corrected version: E-8.4 (Mandic Motors) E-8.28 (Metro Pro) E-.8.52 (Best Towing)'.' GAIL HUTTON, City Attorney /K /02memo/late `'� "' ` ,mP oN AMENDED PAGE 1 - ITEM E-8.28 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND METRO PRO ROAD SERVICES, INC. FOR POLICE DIRECTED TOWING AND STORAGE SERVICES THIS POLICE DIRECTED TOWING AND STORAGE AGREEMENT ("Agreement") is made and entered into this day of , 2002, by and between the CITY OF HUNTINGTON BEACH , a municipal corporation (hereinafter "City"), and METRO PRO ROAD SERVICES, INC., a California corporation (hereinafter "Tow Operator"), located at 1022 East Chestnut Avenue, Santa Ana, CA 92701. WHEREAS, the City requires, from time to time, towing and storage services in connection with vehicles which have been determined to be a public nuisance pursuant to Chapter 10.08 of the Huntington Beach Municipal Code, or which are in violation of statutes and ordinances relating to parking, traffic, and law enforcement; and Tow Operator represents that it has the managerial and operating personnel and the facilities and equipment necessary to provide the required vehicle towing and storage services to the City on the terms and conditions herein after set forth. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the parties agree as follows: SCOPE OF SERVICES. A. City hereby designates Tow Operator's storage facilities located at the following address as an "Official Police Garage" and a "Designated Public Garage" for the purposes of California Vehicle Code Section 22658: 18931 Gothard Street, Huntington Beach, CA 92648. B. City hereby engages Tow Operator, and Tow Operator accepts such engagement, to furnish towing and storage services for those vehicles which are generally described in the recitals in� this, Agreement and more particularly described in Tow Operator's proposal dated June 14, 2002. Such services shall be performed in a prompt, efficient, and orderly manner following notification by the City's representative, or by any other authorized officer or employee of the City. 2. DUTIES OF TOW OPERATOR A. Shall respond to the location requested by the City within twenty (20) minutes of receipt of a call from City. If Tow Operator is not able to respond within the aforementioned response time, it shall notify the City immediately advising the City of the expected time of arrival (ETA). If the 02agree/metro tow/6/27/02 0 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND METRO PRO ROAD SERVICES, INC. FOR POLICE DIRECTED TOWING AND STORAGE SERVICES VA� (IMIIWOt�Olj THIS OLICE DIRECTED TOWING AND STORAGE AGREEMENT ("Agreement" 's made and entered into this day of , 2002, by and betwee\he TY OF HUNTINGTON BEACH , a municipal corporation (hereinafter "Cd METRO PRO ROAD SERVICES, INC., a California corporation (her "Tow Operator"), located at 1022 East Chestnut Avenue, Santa Ana, CA 9270 WHEREAS, the Ci requires, from time to time, towing and storage services in connection with vehicles wh' h have been determined to be a public nuisance pursuant to Chapter 10.08 of the Hunti ton Beach Municipal Code, or which are in violation of statutes and ordinances relatin o parking, traffic, and law enforcement; and Tow Operator represents that it has the managerial and operating personnel and the facilities and equipment necessa to provide the required vehicle towing and storage services to the City on the term and conditions herein after set forth. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the parties agree s follows: 1. SCOPE OF SERVICES. A. City hereby designates Tow Operator's torage facilities located at the following address as an "Official Police G age" and a "Designated Public Garage" for the purposes of California Vehi e Code Section 22658: B. City hereby engages Tow Operator, and Tow erator accepts such engagement, to furnish towing and storage servi s for those vehicles which are generally described in the recitals in this greement and more particularly described in Tow Operator's proposal dat d June 14, 2002. Such services shall be performed in a prompt, efficient, nd orderly manner following notification by the City's representative, r by any other authorized officer or employee of the City. 2. DUTIES OF TOW OPERATOR A. Shall respond to the location requested by the City within twenty ( ) minutes of receipt of a call from City. If Tow Operator is not able to respond within the aforementioned response time, it shall notify the C immediately advising the City of the expected time of arrival (ETA). If 02agree/metro tow/6/27/02