HomeMy WebLinkAboutJohn C. Vaughn dba Best Towing Services - 2012-08-06J 1. -OF -HUNTINGTON BEACH
2 00 MAIN STREET CALIFORNIA 92648
BOX 70 POLICE DEPARTMENT Tel (714) 960-8811
ROBERT HANDY
Chief of Police
October 1, 2014
Mr. John Vaughn
Best Towing
7472 Warner Avenue
Huntington Beach, CA 92647
Dear Mr. Vaughn:
The Huntington Beach City Council approved the "Police -Directed Tow Service"
contract on August 6, 2012. Pursuant to this contract, 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 2013/2014 Los Angeles -Riverside -Orange
County Consumer Price Index, All Items, 1982-84 = 100 for All Urban Consumers. Like
last year, this year's increase of 1.8% was calculated by using June 2013 and June
2014 (Refer to: http://www.bls.gov/ro9/9230.pdf .
Please post the new fee schedule upon receipt of this letter. This change shall be
effective from December 1, 2014 through November 30, 2015:
As always, should you have issue with these calculations or desire to discuss this
further, please feel free to contact our Traffic and Air Support Bureau Commander,
Lieutenant S. Bushhousen at 714-536-5661.
Thank you in advance for your continued help and cooperation in serving the needs of
the Huntington Beach Police Department. -
Sincerely,
RobertHandy
Chief of Police
Attachments: "Exhibit A"
2013/2014 CPI (http://www.bls.gov/ro9/9230.pdo
C: City Attorney Jennifer McGrath
City Clerk Joan Flynn
Records Manager Marilu Canas
7C�d7
EXHIBIT A
Basic Tow Service (Standard sling or wheel lift truck) $ 148.00
Medium Duty or Flatbed Request $ 169.00
Heavy Duty (3) Axle or larger $ 243.00
Two Ton $ 196.00
Dolly
$ 64.00
Rollover minimum
$ 64.00
Drop Linkage
$ 53.00
Clean-up fee
$ 61.00 .
(Fee charged to the City shall remain $35.00 by contract)
Hazmat fee, per 5 gallon bucket
$ 123.00
Winching per hour
$ 163.00
Vehicle Storage
Vehicles Outside —per day
$ 49.00
Vehicles Inside —per day
$ 53.00
Motorcycles Outside —per day
$ 29.00
Motorcycles Inside —per day
$ 37.00
Truck or Motor homes (larger than 20')
$ 53.00
Vehicles stored as evidence —outside
$ 27.00
Vehicles stored as evidence=inside
$ 35.00
Motorcycles stored as evidence —outside
$ 21.00
Motorcycles stored as evidence —inside
$ 23.00
After hours release
5:00 p.m. — midnight
$ 68.00
Midnight — 8:00 a.m.
$ 94.00
Minimum Service Call or Drop Fee
$ 78.00
Effective December 1, 2014 through November 30, 2015
1-Dec-2014
adjusted
increase
2013/2014
price
201412015
Basic Tow Service (Standard sling or wheel lift truck)
$145.00
147.61
$148.00
Medium Duty or Flatbed Request
$166.00
168.99
$169.00
Heavy Duty (3) Axle or larger
$238.00
242.28
$243.00
Two Ton
$192.00.
195.46
$196.00
Dolly
$62.00
63.12
$64.00
Rollover minimum
$62.00
63.12
$64.00
Drop Linkage
$52.00
52.94
$53.00
Clean-up fee
$59.00
60.06
$61.00
(Fee charged to the City shall remain $35.00 by contract)
Hazmat fee, per 5 gallon bucket
$120.00
122.16
$123.00
Winching per hour
$160.00
162.88
$163.00
Vehicle Storage
Vehicles Outside -per day
$48.00
48.86
$49.00
Vehicles Inside -per day
$52.00
. 52.94
$53.00
Motorcycles Outside -per day
$28.00
28.50
$29.00
Motorcycles Inside -per day
$36.00
36.65
$37.00
Truck or Motor homes (larger than 20')
$52.00
52.94
$53.00
Vehicles stored as evidence-butside
$26.00
26.47
$27.00'
Vehicles. stored as evidence -inside.
.$34.00
34.61
$35.00
Motorcycles stored as evidence --outside
$20.00
20.36
$21.00
Motorcycles stored as evidence -inside
$22.00
22.40
$23.00
After hours release
5:00 p.m. -midnight
$66.00
67.19
$68.00
Midnight - 8:00 a.m.
$92.00
93.66
$94.00
Minimum Service Call or Drop Fee
$76.00
77.37
$78.00 .
Western Information Office, 90 7th St., Suite 14-100, San Francisco, CA 94103
fntormation Staff (415) 625-2270 / Fax (415) 625-2351
LOS ANGELES-RIVERSIDE-ORANGE CO. CA
YEAR
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
09/15114
Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)
JAN
FEB
MARCH
APRIL
MAY
JUNE
JULY
AUG
SEPT
OCT NOV
DEC
154.3
154.5
154.6
154.7
155.1
154.8
154.5
154.4
154.6
155.7
156.2
157.3
157.7
157.5
156.7
`
158.3
159.1
159.2
159.8
159.9
159.5
159.4
1�
161.2
161.0
161.1
161.4
161.8
162.3
162.2
7
CJN
li-
163.5
164.2
164.6
165.0
166.6
166.2
165.4
N
N
167.3
167.9
169.3
170.7
170.6
171.1
171.0
173.5
174.2
175.4
176.2
176.6
177.5
178.9
/1
177.1
178.9
185.2
180.1
181.1
182.2
182.6
181.9
`�\
183.7
186.5
188.2
187.6
186.4
186.3
187.0
188.5
190.1
191.5
191.9
193.3
193.7
195.2
195.4
197.4
199.2
201.1
201.5
200.7
203.9
206.0
207.5
208.5
210.5
212.4
211.1
`�
�- �..
210.6
212.584
214.760
216.800
217.845
218.596
217.273
` ®
`
9.373
220,918
221.431
223.606
224.625
226.651
229.033
N
ffl-�
0
® `�-�
9.620
220.719
221.439
221.376
221.693
222.522
223.906
a
.
_
`�- a
3.643
224.610
228.652
224.620
229.729
225.483
228.916
226.438
225.877
'
5.639
232.241
233.319
233.367
232.328
\
1.567
233,441
234.537
236.941
236.866
237.032
236.025
S
i.042
238.015
239.783
239.995
239.043
239.346
239,223
1.742
239.887 241.059 242.491 242.437 243.362 243.528 4 _ k `
Table of over -the -year percent increases. An entry for Feb. 2006 indicates th_
, �.,.cyC increase from Feb. 2005 to Feb. 2006_
0.9
1.1
1.7
1.9
1.5
1.2
2.0
1.9
2.3
2.3
2.6
2.2
1.9
1.6
1.4
1.3
1.7
1.2
1.5
1.5
1.4
1.5
1.2
1.2
1.0
1.2
1.8
1.8
1.6
1.8
1.3
1.3
1.7
2.0
2.2
2.2
3.0
2.4
2.0
2.3
2.3
2.8
2.5
2.3
2.3
2.9
3.5
2.4
2.9.
3.4
3.6
3.5
3.6
3.9
3.8
3.8
3.6
3.2
3.5
3.7
4.6
3.8
3.6
3.2
2.6
2.7
2.7
2.7
2.8
3.2
2.9
1.7
2.2
2.6
2.6
3.0
3.3
3.5
3.6
3.9
3.0
2.1
2.4
2.3
2.1
2.6
2.2
1.7
1.8
1.9
1.8
2.3
3.7
4.0
3.8
3.3
3.3
4.5
5.2
3.7
3.8
4.0
4.8
4.2
3.6
4.1
5.2
5.8
5.4
4.4
5.4
8.1
4.7
4.7
5.4
5.2
5.0
4.3
3.4 .
2.2
2.7
3.2
3.5
3.8
3.5
2.9
2.9
2.9
2.6
2.3
3.5
4.2
3.9
3.1
3.3
3.1
3.7
5.4
5.7
5.1
4.5
3.4
1.0
-0.1
0.0
-1.0
-1.3
-1.8
-2.2
-2.6
-1.7
-1.0
-0.4
0.9
1.8
1.4
1.9
1.9
1.8
0.9
0.9
0.8
0.4
0.7
0.7
1.8
2.3
3.0
3.3
3.1
2.9
2.4
2.4
3.1
2.8
3.0
2.1
2.1
2.0
1.5
1.6
1.6
1.9
2.3
2.2
3.0
2.1
2.0
2.2
1.3
0.9
1.0
1.4
1.3
0.8
0.6
-0.1
0.4
0.8
0.5
1.0
1.4
1.7
1.8
2.0
1.8
SEMIANNUAL
1ST 2ND ANNUAL
HALF HALF AVERAGE
154.7 154.6 154.6
156.9 158.1 157.5
159.5 160.5 160.0
161.6 162.9 . 162.3
165.3 166.8 186.1
170.1 173.0 171.6
176.5 178.2 177.3
181A 183.3 182.2
186.7 187.2 187.0
191.5 194.9 193.2
199.2 204.5 201.8
209.3 211.6 210.4
216.260 218.416 217.338
224.377 225.638 225.008
221.943 224.498 223.219
225.491 226.298 225,894
231.606 232.251 231.928
238.807 237.488 236.648
239.229 239.185 239.207
242.122
2.4
1.4
2.3
1.9
1.8
1.7
1.5
1.6
1.4
1.3
1.5
1.4
2.3
2.3
2.4
2.3
3.7
2.9
3.7
3.3
2.1
3.8
3.0
3.3
3.7
2.6
2.9
2.8
1.8
3.1
2.1
2.6
4.4
2.6
4.1
3.3
4.5
4.0
4.9
4.5
3.3
5.1
3.5
4.3
4.2
3.3
3.2
3.3
0.1
3.8
3.3
3.5
1.8
-1.1
-0.5
-0.8
1.3
1.6
0.8
1.2
2.2
2.7
2.6
2.7
1.9
1.8
2.3
2.0
1.1
1.5
0.7
1.1
1.2
Western Information Office, 90 7th St., Suite 14-100, San Francisco, CA 94103
Information Staff(415) 625-2270 / Fax (415) 625-2351
LOS ANGELES-RIVERSIDE-ORANGE CO. CA
09/15/14
Consumer Price Index, All Items, 1982-84=100 for Urban Wage Earners and Clerical Workers (CPI-W)
SEMIANNUAL
1ST
2ND
ANNUAL
YEAR
JAN
FEB
MARCH
APRIL
MAY
JUNE
JULY
AUG
SEPT
OCT
NOV
DEC
HALF
HALF
AVERAGE
1995
149.0
149.2
149.3
149-5
149-8
149.7
149.3
149.2
149.3
149.9
149.2
149.4
149.4
149.4
149.4
1996
150.4
150.9
151.9
152.4
152.3
151.5
152.3
151.9
152.7
153.2
152.9
152.7
151.6
152.6
152.1
1997
153.6
153.6
154.2
154.3
154.0
153.8
153.8
154.0
154.7
155.4
154.9
155.3
153.9
154.7
154.3
1998
155.1
155.0
155.1
155.6
156.2
156.1.
155.9
156.1
156.1
156.8
157.0
157.2
155.5
156.5
156.0
1999
157.8
158.1
158.3
160.1
159.7
158.9
159.2
159.8
160.7
160.7
160.6
160.9
158.8
160.3
159.6
2000
101.3
162.4
163.9
164.0
164.4
164.3 .
165.0
165.3
166.3
166.9
166.6
166.7
163-4
166.1
164.8
2001
167.3
168.3
169.1
169.6
170.5
171.9
171.3
171.1
171.5
171.0
170.7
169-7
169.5
170.9
170.2
2002
171.5
172.8
173.8
174.8
175.4
174.7
175.0
175.6
176.3
176.5
177.0
176.7
173.8
176.2
175.0
2003
177.8
179.6
181.6
180.9
179.9
179.6
179.6
180.5
181.9
181.2
180.5
180.2
179.9
180.7
180.3
2004
181.7
183.4
184.9
185.2
186.8
187.4
186-8
186.5
187.8
189.8
190.3
188.5
184.9
188.3
186.6
2005
188.5
190-3
192.1
194.2
194.6
193.7
194.6
196.4
199.0
200.0
198.4
196.5
192.2
197.5
194.9
2006
198.3
199-9
200.8
202.9
205.0
204.2
204.5 '
205.0
205.3
203.5
203.3
202.9
201.9
204.1
203.0
2007
204.498
206.632
208.929
210.195
211.145
209.614
209-444
209.240
209.849
211.259
212.844
212.282
208.602
210.820
209.661
2008
213.825
214.231
216.493
217.914
219.702
222.435
223.245
221.230
220.285
218.726
214.083
211.007
217.433.
218.096
217.765
2009
212.454
213.234
213.013
213.405
214.446
216.145
216.128
216.628
217.302
217.474
216.618
216.233
213.783
216.730
215-257
2010
217.290
217.090
218.157
218.475
218.787
218.222
218.367
218.752
218.427
219.339
218.694
219.619
218.004
218.866
21BA35
2011
221.540
222.814
225.770
227.051
226.842
225.461
224.277
224.665
226-096
226.116
225.786
224.444
224.913
225.231
225.072
2012
226.245
227.585
230,281
230.023
230.180
228-917
228.446
230.229
231.085
233.431
230-426
228.940
228.872
230.426
229.649
2013
230-651
232.983
233.200
232.030
232.387
232.378
232.190
232.245
232.817
232.735
231.598
231.594
232.271
232.197
232.234
2014
232.578
233.886
235.500
236.717
236.647
236.880
236-963
236.504
235.201
Table of over -the -year percent Increases. An entry for Feb.
2006 indicates
the percentage increase from Feb. 2005 to Feb. 2006.
1996
0.9
1.1
1.7
1.9
1.7
1.2
2.0
1.8
2-3
2.2
2.5
2.2
1.5
2.1
1.8
1997
2.1.
1.8
1.5
1.2
1.1
1.5
1.0
1.4
1.3
1.4
1.3
1.7
1-5
1.4
1.4
1998
1.0
0.9
0.6
0.8
1.4
1.5
1.4
1.4
0.9
0.9
1.4
1.2
1.0
1.2
1.1
1999.
1.7
2.0
2.1
2.9
2.2
1.8
2.1
2.4
2.9
2.5
2.3
2.4
2.1
2.4
2.3
2000
2-2
2.7
3.5
2.4
2.9
3.4
3.6
3.4
3.5
3.9
3.7
3.6
2.9
3.6
3.3
2001
3.7
3-6•
3.2
3.4
3.7
4.6
3.8
3.5
3.1
2.5
2.5
1.8
3.7
2.9
3-3
2002
2.5
2.7
2.8
3.1
2.9
1.6
2.2
2.6
2-8
3.2
3.7
4.1
2.5
3.1
2.8
2003
3.7
3.9
4.5
3.5
2.6
2.8
2.6
2.8
3.2
2.7
2-0
2.0
3.5
2.6
3.0
2004
2.2
2.1
1.8
2.4
3.8
4.3
4.0
3.3
3.2
4.7
5.4
4.6
2.8
4.2
3.5
2005
3.7
3.8
3-9
4.9
4.2
3.4
4.2
5.3
6.0
5.4
4.3
4.2
3.9
4.9
4.4
2006
5.2
5.0
4.5
4.5
5.3
5.4
5.1
4.4
3.2
1.8
2.5
3.3
5.0
3.3
4.2
2007
3.1
3.4
4.0
3.6
3.0
2.7
2.4
2.1
2.2
3.8
4.7
4.6
3.3
3.3
3.3
2008
4.6
3.7
3.6
3.7
4.1
6.1
6.6
5.7
5-0
3.5
0.6
-0.6
4.3
3.5
3.9
2009
-0.6
-0.5
-1.6
-2.1
-2.4
-2.8
-3.2
-2.1
-1.4
-0.6
1.2
2.5
-1.7
-0.6
-1.2
2010
2.3
1:8
2.4
2.4
2.0
. 1.0
1.0
1.0
0.5
0.9
1.0
1.6
2.0
1.0
1.5
2011
2.0
2.6
3.5
3.9
3.7
3.3
2.7
2.7
3-5
3.1
3.2
2.2
3.2
2.9
3.0
2012
2.1
2.1
2.0
1.3
1.5
1.5
1.9
2.5
2.2
3.2
2.1
2.0
1.8
2.3
2.0
2013
1.9
2.4
1.3
0.9
1-0
1.5
1.6
0.9
0.7
-0.3
0.5
1.2
1.5
0.8
1.1
2014
0.8
0.4
1.0
1.6
1.8
1.9
2.1
1.8
1.3
Math calculations to better utilize CPI data
Report prepared by Gerald Perrins, regional economist in the Mid -Atlantic Information Office,
and Diane Nilsen, regional clearance officer in the National Office of Field Operations, Bureau
of Labor Statistics.
The Consumer Price Index (CPI) is published
as an index number that shows the change in
the price of a defined market basket of goods
and services over time from a base period
which is defined as 100.0. An increase of 7
percent from that base period, for example, is
shown as 107.0. Alternately, that relationship
can also be expressed as the price of a base
period "market basket" of goods and services
rising from $100 to $107. Currently, the
reference base for most CPI indexes is 1982-
84=100 but some indexes have other
references bases. The reference base years
refer to the period in which the index is set to
100.0. In addition, expenditure weights are
updated every two yearsto to keep the CPI
current with changing consumer preferences.
-Index numbers are not dollar. values, but
measures of the change over time relative to
their base period value of 100.0 (for example,
280.0 or 30.3). Index numbers also are
commonly used to measure the size and
direction of price movements between various
time periods such as monthly, quarterly, semi-
annual, and annual percent changes.
Effective with the January 2007 CPI, the
Bureau of Labor Statistics began to publish its
consumer price indexes rounded to three
decimal places rather than one. As. a result,
all percent changes in this document have
been calculated from three decimal place
indexes regardless of date. However, the
resulting percent changes will continue to be
published to one decimal place. Note: using
three decimal place values to compute percent
changes eliminates nearly all rounding errors
in the resulting percent change that
occasionally occurred when using indexes
rounded to one decimal place. . Additional
information on this conversion can be found
at www.bls.gov/cpi/cpithreedec.httn.
What follows are mathematical concepts and
formulae that are useful in a variety of index
applications.
Percent change
Movements of an index from one month to
another are usually expressed as percent
changes rather than as changes in index
points, because index point changes are
affected by the.level of the index in relation to
its base period, while percent changes are not.
The following illustration shows a
hypothetical CPI one -month change between
November 2007 and December 2007 using
the 1982-84=100 reference base.
Reference Base
1982-84=100
December 2007 ...............................
210.036
November 2007 ..............................
210,177
Index point change..............................0.141
Divided by the earlier index....
-0.141/210.177
Equals.... .............................................
-0.00067
Multiplied by 100...............................0.067
Equals percent change ........................0.1
Over -the -year percent change
To arrive at a percent change over an entire
year, the beginning and ending periods of a
CPI series must always be the same month,
such as December 2006 and December 2007,
Note: A calculation using January and
December data would result in an- 11-month
change, not a 12-month/over-the-year change.
The calculation below shows the over -the -
year change from December
2006 to
December 2007 for both the
1982-84=100
and 1967=100 reference bases.
The percent
change is rounded:
Reference Base
1982-84=100. 1967=100
December 2007 210.036
629,174 .
December 2006 201.8
604.5
Index point change 8.236
24.674
Divided by the
earlier index 8,236 /201.8
24.674/604.5
Equals 0.04081
0.04082
Multiplied by 100 4.081
4.082
Equals percent change 4.1 4.1
There are two critical points to remember:
1. Always use the same reference base period
,for all calculations. If the first point uses the
1982-84=100 base, the end point must also
use that base.
2. Calculating an over -the -year percent
change, such as December 2006 to December
2007, is not equal to the sum of the over -the -
month changes between those two time
periods.
Annual averages
Annual averages are the sum of the 12
monthly data points (i.e. indexes), divided by
12. They represent an average index for a
given year, not a particular month. An annual
average change should not be confused with
the over the year percent change, such as the
calculation of the December to December
changes mentioned above.
The percent change from December 2006 to
December 2007 is unlikely to be the same as
the change in the annual average from 2006 to
2007. Users should take care to examine the
data with which the CPI is being compared to
determine whether the annual average or 12-
month change is more appropriate for their
purposes.
In addition, users should note that, for an All -
items CPI that is published every other
month, the annual average is based on 12
months of data. Many food and energy prices
are collected for the "off' months, and the
unpublished "off -cycle" indexes are
interpolated and used in the annual average.
Most All -item CPIs for metropolitan areas are
published every other month.
Purchasing power
The CPI can be used to show how the
purchasing power of a dollar changes over
time.
The purchasing power of a dollar in 2007 was
about 97 percent of the purchasing power of a
dollar in 2006. This can be calculated as
follows:
201.6/207.342 X 100 = 97.2%
with 201.6 being the CPI annual average
index for 2006, and 207.342 being the 2007
annual average index. This means that the
purchasing power of the dollar declined about
3 percent between 2006 and 2007 because of
inflation. Or stated another way, a dollar in
2
2007 could only buy 97 percent of what it
could buy, on average, in 2006. An automatic
"CPI Inflation Calculator" is available online
for annual comparisons of purchasing power
at www.bls.gov/data/inflation calculator.htm.
Similarly, one can calculate equivalent dollar
amounts for any two months in different years
using a ratio of those monthly indexes. For
example, to determine how much money one
would need in December 2007 to have the
same spending power as $500 in December
2006, multiply the dollar amount by the ratio
of the indexes for December 2007 and
December 2006:
Dec. 2007=210.036 x $500
Dec. 2006=201.8
or, 1.04081 x $500 = $520.41
This means that a basket of goods costing
$500 in December 2006 would cost $520.41
in December 2007.
Constant dollars
For analysis involving long time periods, it is
frequently necessary to convert current or
nominal dollars into constant or real dollars.
This is done by multiplying each dollar
amount by a ratio of price indexes, as shown
below.
Suppose one's salary was $25,000 in 1995,
$30,000 in 2000, and $35,000 in 2005. The
All items CPI was 152.4 in 1995, 172.2 in
2000, and 195.3 in 2005.. The conversion to
constant 1995 dollars would be as follows:
1995: (152.4/152.4) x $25,000 = $25,000
2000: (152.4/172.2) x $30,000 = $26,551
2005: (152.4/195.3) x $35,000 = $27,312
To convert the same data to constant 2005
dollars, use 2005 as the base:
1995: (1953/152.4) x $25,000 = $32,037
2000: (195.3/172.2) x $30,000 = $34,024
2005: (195.3/195.3) x $35,000 = $35,000
In this example, while one's nominal salary rose
from $25, 000 to $35, 000 from 1995 to 2005, an
increase of 40 percent, the growth in real salary,
after adjusting for inflation, was more modest,
slightly less than 10 percent.
Conversion to other base periods
It is sometimes necessary to use index values
on a reference base that is no longer
published. In these instances, the Bureau
provides rebasing factors.
A situation that requires such action could be
a long-term contract requiring the use of
1957-59=100 as the base period where the
parties cannot agree to a successor index.
This often occurs when index points rather
than percent change are the basis for
escalation. In such, a case, contact the. BLS
for the specific rebasing factor needed for the
computation.
Rebasing factors are unique to their index
series and can not be substituted. Once
calculated, the rebasing factor to move a
specific index from a specific base year to
another specific base year will not change.
To convert the December 2006 (1982-
84=100) CPI-U All items index to the 1957-
59=100 base, use the rebasing factor of
0.2870447. Divide the current index by the
rebasing factor to calculate the index on a
1957-59 basis.
Example:
All items, CPI-U, December 2006,
.1982-84=100 201.8
Rebasing factor 0.2870447
Dec. 2006 / Rebasing factor ......... 703.0
All items, CPI-U, December 2006,
Rebased 1957-59=100 . 703.0
When new base years are introduced, BLS
recalculates each index back to the beginning
of that series to provide a consistent stream of
data. Using the official series will minimize
rounding differences occasionally caused by
the rebasing factors. To move from a
discontinued index to a current index, the
easiest method is to request a historical table
from any BLS office.
Constructing special CPI indexes and their
percent change
The Bureau calculates thousands of special
indexes that are available online or from
either the National CPI Information Office or
the eight Regional Economic Analysis and
Information (EA&I) Offices. Examples
include All items less food and energy, All
items less energy, and All items less food.
Occasionally, a user needs to estimate a price
change that is not published by BLS. For
instance, suppose a user needs a CPI measure
that includes everything except gasoline. This
can be done by estimating a special index, in
this case, All items less gasoline. Just
remember, this estimate will not be an official
CPI, though it can be used to estimate
changes in prices for item categories not
published by the Bureau.
When creating a special index, the relative
importance of published indexes is a key
component. To reflect the differences in the
average amount of the various items
purchased, weights are assigned to each item.
As the prices of the individual items change,
the relative weight of each item is reported in
values known asrelative importance. The
relative importance for each published index
component is available for December of each
year.
The first step in making a special index is to
calculate an adjusted relative importance for
the component being removed from All items,
in this case Gasoline. Multiply the published
December relative. importance of the
component index by the index value for the
month of interest. Then divide that amount
by the component's index for the same month
and year as the relative importance.
For example, using the December 2007
relative importance data and the December
2007 and February 2008 CPI-U Gasoline
component indexes for the U.S. city average
(1982-84=100):
Relative importance, Gasoline,
December 2007....................................... 5.215
Index for Gasoline
December 2007 ...................... 256.790
February 2008 ........................ 257.845
(Rel. imp.) 5.215 x (Feb. 2008) = 257.845
(Dec. 2007)_= 256,790
or, 5.215 x 1.004108 = 5.2364
Do the same calculation using the same
periods for the other index, in this case All
items. The All items adjusted relative
importance result is 100.7889, where the
original relative importance was 100 and the
index rose from 210.036 (December 2007) to
211.693 (February 2008).
Next, calculate the base relative importance
of the All items less gasoline index. Do this
by subtracting the original relative importance
of gasoline fromthe original relative
importance of the All items index.
December 2007:
Relative importance, All items,
December 2007 ........................ 100.0
Less relative importance,
Gasoline, December 2007 .......... - 5.2150
Relative importance, All items
less gasoline, December 2007 .... 94.7850
Then do the same with the adjusted relative
importances for the second month:
February 2008:
Relative importance, All items,
February 2008 .......................... 100.7889
Less relative importance,
Gasoline, February 2008 ............ - 5.2364
Relative importance, All items
less gasoline, February 2008 ...... 95.5525
Finally, calculate the percent change between
the results for the two months:
(Rel. imp. Feb. 2008)( 95.5525) 100 - 100 =
(Rel. imp. Dec. 2007)(94.7850)
1.00809 x 100 100 = 0.809 = 0.8%
In short, one could estimate that prices for All
items less gasoline rose 0.8 percent from
December 2007 to February 2008. As before, this
is an estimate and does not represent an official
BLS index.
In. short, the relative importance of a
component is its expenditure or value weight,
expressed as a percentage of All items within
an area. These ratios represent an estimate of
how consumers would distribute their
expenditures over time.
Relative importance ratios cannot, however,
be used as estimates of current spending
patterns or as indicators of changing
consumer expenditures in the intervals
between weight revisions, - because
consumption patterns are influenced by
factors other than price change. These factors
include income,variations in climate, family
size, and the availability of new and different
kinds of goods and services.
Discontinued indexes and publication
changes
There will be occasions where, especially. for
longer -term contracts, a specified index may
not be precisely available for the duration of
the contract. An example of such an
occurrence is the index for Washington, D.C.-
Md.-Va., which is now part of the larger
Washington -Baltimore, D.C.-Md.-Va.-W.Va.,
Metropolitan area. It is not possible to
directly calculate a five-year change starting
in 1995 and ending in 2000 since publication
of Washington data only stopped in 1997. In
its place, data for the Washington -Baltimore
consolidated area has been published since
1998.
In a case where both parties have agreed upon
an index to replace -the discontinued (original)
one, the calculation can be performed in two
steps. First, for the series of interest, calculate
the percent change from the beginning period
month and year until an agreed upon month
and year where data exist for both the
discontinued and the successor (new) series.
Adjust the dollar value in the. contract based
upon this percent change. The dollar value
should be the amount estimated to start on, or
closest to, the month and year chosen for the
beginning index.
Second, choose the end -period month and
year for the new successor series.. The month
and year you defined as the previous step's
end period will now become the first period
month and year in this step. Calculate the
percent change from this beginning period to
the selected end period of the new series. Use
the calculated percent change to adjust the
contract dollar value from the first step. This
is the contract's new dollar amount adjusted
for the overlap between the discontinued and
successor indexes.
In the following example, Index A is now
discontinued and the .parties have agreed to
use Index B as the successor index.
Value of contract in January 1995 ..........$9,000.00
Index A
January 1995.................................... 158.7
January 1998.................................... 178.9
Percent change ................................... 12.7
9,000 x (1+ 0.127) ......................10,143.00
Value of contract in January 1998
after adjustment of 1995 amount .......$10,143.00
Index B
January 1998.................................... 104.7
January 2000.................................... 110.9
Percent change ..................................... 5.9
10,143 x(1+0.059).....................10,741.44
Value of contract in January 2000
after adjustment of 1998 amount .......$10,741.44
Approximating missing data points
Many indexes are published every other
month. BLS publishes CPI information for
All items and for major components (Food
and beverages, Housing, Apparel,
Transportation, Medical care, Recreation,
Education and communication, and Other
goods and services) for 11 metropolitan areas
on a bimonthly basis. Some of these
metropolitan .areas, as defined by the U.S.
Census Bureau, include suburbs or counties
that extend across state boundaries. These 11
bimonthly metropolitan areas are available on
the following .schedule: Boston -Brockton -
Nashua, Mass.-N.H.-Maine-Conn.,-
Cleveland-Akron, Ohio; Dallas -Fort Worth,
Texas; and Washington -Baltimore, D.C.-Md.-
Va.-W.Va.; in odd months (January, March,
etc.) and Atlanta; Ga.; Detroit -Ann Arbor -
Flint, Mich.; Houston-Galveston-Brazoria,
Texas; Miami -Fort Lauderdale, Fla.;
Philadelphia -Wilmington -Atlantic City, Pa.-
N.J.-Del.-Md.; San Francisco -Oakland -San
Jose, Calif.; and Seattle -Tacoma -Bremerton,
Wash.; in even months (February, April, etc.).
In a few instances, this is a change from prior
years and a contract might call for a specific
month which is no longer available. If both
parties agree, the missing data point can be
approximated using the month immediately
before and immediately after the missing
month.
For example, to approximate the June 2007
All items (CPI-U) index for the Washington -
Baltimore, D.C.-Md.-Va.-W.Va. metropolitan
area, multiply the May index by the July
index and take the square root of the product:
May 2007 .................. 132.982
July 2007................... 134.442
Product ................. 17,878.3 66
Square root ................ 133.710
Note: data calculated in this way cannot be
interpreted as official CPI indexes, as the
calculation is based on two data points and
not on CPI's aggregation method.
Furthermore, if bimonthly CPI data are
volatile, then less confidence should be placed
in estimates for the missing months. Percent
changes based on approximated data should
also be considered as unofficial estimates.
Examples of volatile series would be apparel,
household furnishings and operations, and
fuels and utilities.
Cost of living comparisons not appropriate
Each CPI index represents the change in.
inflation for a good or service in the market
basket over time for various areas and the
nation. However, CPI indexes for one
metropolitan area can not be compared with
those in other areas to determine where it is
more or less expensive to live. It is still
possible to calculate the percentage change,
that is, how fast or slow prices are rising in a
given metropolitan area, but that can not be
equated to higher or lower actual costs, as the
next example illustrates.
Bread was priced in City A and City B.
City A City B
Price of bread in:
September2005 $1.00 $0.50
September 2006 1.50 1.00
Indexvalues (Sep. 2005=100):
September 2005
100.0
100.0
September 2006
150.0
200.0
Index point change
50.0
100.0
Divided by the
earlier index
50.01100.0
100.0/100.0
Equals
0.50
1.0
Multiplied by 100
equals percent change 50.0 100.0
Note: the price in City B rose at a faster pace
than in City A, but the actual dollar price of
bread in City A was still 50 cents above City
B.
Which index should you use?
The CPI program publishes data for the U.S.,
geographic regions, and many metropolitan
areas. For each of these, data are available for
"All items" as well as for a variety of the
components that are aggregated together to
become the "All items" index.
Each of these many series are published for
two population groups: All Urban Consumers
(CPI-U) and Urban Wage Earners and
Clerical Workers (CPI-Vi). When using the
CPI for calculating price change, you must
specify one population group or the other
since the index values for the two groups will
not be the�same.
Contracting parties are free to determine what
indexes they wish to use, but it is important to
note that while the CPI is used for a variety of
purposes, it measures only the change in the
price of a representative market basket of
consumer goods and services. At the All
items and individual component levels, only
items that would be purchased by consumers
are eligible for pricing. Thus, an item Iike
commercial rent would not be included in the
"rent of primary residence" category.
Although BLS cannot make a decision as to
which index a user should reference, it has
published a reference guide, "Using the
Consumer Price Index for Escalation,"
available at www.bls.gov/cDi/oil998d.htm.
This publication and other information such
as frequently asked questions, historical data,
and rebasing factors are available through the
national office's and eight regional offices'
Web sites. (See table A.)
Table A. Regional Economic Analysis and Information Offices and the National Consumer
Price Index Information Office in Washington, D.C.
Information Office
Web site —
Phone
Email
Boston
New York
Philadelphia
Atlanta
Chicago
Dallas
Kansas City
San Francisco
Washington, D.C. I
www.bls.gov/rol/
(617) 565-2327
(646) 264-3600
(215) 597-3282
(404) 893-4222
(312) 353-1880
(214) 767-6970
(816) 285-7000
(415) 625-2270
(202) 691-7000 jCPI
BLSinfoBoston2a bls.g_ov
BLSinfoNY�,DbIs.gov
BLSinfbPhiladelj2hiaAbls.gov
www.bls.goy/ro2/`
www.bls.goy/ro3
www.bls.gov/ro4/
www.bls.gov/to5/
BL.SinfoAtlantanb. lsjov
BLSinfoChica o a bls.uov
BLSinfoDallas&bls.gov
BLSinfoKansasCitv(a.bls.gov
www.bls.gov/ro6/
www.bls. og v� /ro7/
www.bls,gov/ro9/
BLSinfoSFabls.gQv
infoQbls.gov
www.bls.gov/cnj/
Alt' fflk
2000 MAIN STREET
P.O. BOX 70
CALIFORNIA 92648
POLICE DEPARTMENT Tel: (714] 960-881 1
KENNETH W. SMALL
November 26, 2013 Chief of Police
Mr. John Vaughn
Best Towing a
7472 Warner Avenue = �.
Huntington Beach, CA 92647 = a
-4c
N
Dear Mr. Vaughn: - —+
The Huntington Beach City Council approved the "Police -Directed Tow Servi;6e''
contract on August 6, 2012. Pursuant to this contract, the rates, fees and charges that
shall be imposed are attached to this correspondence in Exhibit A. The new-kee .r-
schedule represents an adjustment in the Los Angeles -Riverside -Orange County
Consumer Price Index for 2012/2013. This year's increase of 1.4% was calculated by
using June 2012 and June 2013 (Refer to: http://www.bls.gov/ro9/9230.pdD.
Please post the new fee schedule upon receipt of this letter. This change shall be
effective from December 1, 2013 through November 30, 2014.
As always, should you disagree with these calculations or desire to discuss this issue
further, please feel free to contact our Traffic and Air Support Bureau Commander,
Lieutenant S. Bushhousen at 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"
2012/2013 CPI Information
C: City Attorney Jennifer McGrath
City Clerk Joan Flynn
Records Manager Marilu Canas
KWS/sb
EXHIBIT A
Basic Tow Service (Standard sling or wheel lift truck)
$ 145.00
Medium Duty or Flatbed Request
$ 166.00
Heavy Duty (3) Axle or larger
$ 238.00
Two Ton
$ 192.00
Dolly
$ 62.00
Rollover minimum
$ 62.00
Drop Linkage
$ 52.00
Clean-up fee
$ 59.00
(Fee charged to the City shall remain $35.00 by contract)
Hazmat fee, per 5 gallon bucket
$ 120.00
Winching per hour
$ 160.00
Vehicle Storage
Vehicles Outside —per day
$ 48.00
Vehicles Inside —per day
$ 52.00
Motorcycles Outside —per day
$ 28.00
Motorcycles Inside —per day
$ 36.00
Truck or Motor homes (larger than 20')
$ 52.00
Vehicles stored as evidence —outside
$ 26.00
Vehicles stored as evidence -inside
$ 34.00
Motorcycles stored as evidence —outside
$ 20.00
Motorcycles stored as evidence —inside
$ 22.00
After hours release
5:00 p.m. — midnight
$ 66.00
Midnight — 8:00 a.m.
$ 92.00
Minimum Service Call or Drop Fee
$ 76.00
Effective December 1, 2013 to November 30, 2014
U T F LAMP,B FL B R STATISTICS
Western Irii,,.mation Office, 90 7th St., Suite 14-100, San Francisco, CA 94103
Information Staff (415) 625-2270 / Fax (415) 625-2351
YEAR
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013,
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
LOS ANGELES-RIVERSIDE-ORANGE CO. CA
11/18/13 Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)
JAN
FEB
MARCH
APRIL
MAY
JUNE
JULY
AUG
SEPT
OCT
NOV
152.2
152.2
152.5
152.0
151.4
151.3
151.7
152.0
152.7
153.4
152.9
154.3
154.5
154.6
154.7
155.1
154.8
154.5
154.4
154.6
155.2
154.4
155.7
156.2
157.3
157.7
157.5
156.7
157.6
157.3
158.2
158.8
158.4
159.1
159.2
159.8
159.9
159.5
159.4
159.5
159.7
160.5
161.1
160.7
161.0
161.1
161.4
161.8
162.3
162.2
162.1
162.6
162.6
163.2
163.4
164.2
164.6
165.0
166.6
166.2
165.4
165.8
166.3
167.2
167.2
167.1
167.9
169.3
170.7
170.6
171.1
171.0
171.7
172.2
173.3
173.8
173.5
174.2
175.4
176.2
176.6
177.5
178.9
178.3
178.4
178.8
178.3
178.1
178.9
180.1
181.1
182.2
182.6
181.9
182.2
183.0
183.4
183.7
184.0
185.2
186.5
188.2
187.6
186.4
186.3
186.3
186.9
188.2
187.8
187.1
188.5
190.1
191.5
191.9
193.3
193.7
193.4
193.1
194.5
196.3
196.9
195.4
197.4
199.2
201.1
201.5
200.7
201.4
203.1
205.8
206.9
205.6
206.0
207.5
208.5
210.5
212.4
211.1
211.4
211.9
212.9
211.4
211.1
212.584
214.760
216.500
217.845
218.596
217.273
217.454
217.330
217.697
218.696
219.943
220.918
221.431
223.606
224.625
226.651
229.033
229.886
228.484
227.449
226.159
222.229
220.719
221.439
221.376
221.693
222.522
223.906
224.010
224.507
225.226
225.264
224,317
224.610
224.620
225.483
225.916
226.438
225.877
225.991
226.373
226.048
226.794
225.941
228.652
229.729
232.241
233.319
233.367
232.328
231.303
231.833
233.022
233.049
232.731
233.441
234.537
236.941
236.866
237.032
236.025
235.776
237.222
238.104
240.111
237.675
238.015 239.753 239.995 239.043 239.346 239.223 238.920 239.219 239.611 239.940
Table of over -the -year percent increases.
An entry for Feb. 2006 indicates the percentage increase from Feb. 2005 to Feb. 2006.
1.4
1.5
1.4
1.8
2.4
2.3
1.8
1.6
1.2
1.2
0.9
1.1
1.7
1.9
1.5
1.2
2.0
1.9
2.3
2.3
2.2
1.9
1.6
1.4
1.3
1.7
1.2
1.5
1.5
1.4
1.2
1.2
1.0
1.2
1.8
.1.8
1.6
1.8
1.3
1.3
2.0
2.2
2.2
3.0
2.4
2.0
2.3
2.3
2.8
2.5
2.3
2.9
3.5
2.4
2.9
3.4
3.6
3.5
3.6
3.9
3.8
3.6
3.2
3.5
3.7
4.6
3.8
3.6
3.2
2.6
2.7
2.7
2.8
3.2
2.9
1.7
2.2
2.6
2.6
3.0
3.5
3.6
3.9
3.0
2.1
2.4
2.3
2.1
2.6
2.2
1.8
1.9
1.8
2.3
3.7
4.0
3.8
3.3
3.3
4.5
3.7
3.8
4.0
4.8
4.2
3.6
4.1
5.2
5.8
5.4
5.4
5.1
4.7
4.7
5.4
5.2
5.0
4.3
3.4
2.2
3.2
3.5
3.8
3.5
2.9
2.9
2.9
2.6
2.3
3.5
3.9
3.1
3.3
3.1
3.7
5.4
5.7
5.1
4.5
3.4
-0.1
0.0
-1.0
-1.3
-1.8
-2.2
-2.6
-1.7
-1.0
-0.4
1.8
1.4
1.9
1.9
1.8
0.9
0.9
0.8
0.4
0.7
1.8
2.3
3.0
3.3
3.1
2.9
2.4
2.4
3.1
2.8
2.1
2.1
2.0
1.5
1.6
1.6
1.9
2.3
2.2
3.0
2.0
2.2
1.3
0.9
1.0
1.4
1.3
0.8
0.6
-0.1
SEMIANNUAL
1ST
2ND
ANNUAL
DEC
HALF
HALF
AVERAGE
153.4
151.9
152.7
152.3
154.6
154.7
154.6
154.6
158.3
156.9
158.1
15T5
161.2
159.5
160.5
160.0
163.5
161.6
162.9
162.3
167.3
165.3
166.8
166.1
173.5
170.1
173.0
171.6
177.1
176.5
178.2
177.3
183.7
181.1
183.3
182.2
187.0
186.7
187.2
187.0
195.2
191.5
194.9
193.2
203.9
199.2
204.5
201.8
210.6
209.3
211.6
210.4
219.373
216.260
218.416
217.338
219.620
224,377
225.638
225.008
223.643
221.943
224.495
223.219
226,639
225.491
226.298
225.894
231.567
231.606
232.251
231.928
236.042
235.807
237.488
236.648
239.229
1.0
0.8
1.8
1.2
1.5
2.6
2.4
1.4
2.3
1.9
1.5
1.8
1.7
1.5
1.6
1.7
1.4
1.3
1.5
1.4
2.3
2.3
2.3
2.4
2.3
3.8
3.7
2.9
3.7
3.3
2.7
2.1
3.8
3.0
3.3
3.3
3.7
2.6
2.9
2.8
1.7
1.8
3.1
2.1
2.6
5.2
4.4
2.6
4.1
3.3
4.4
4.5
4:0
4.9
4.5
2.7
3.3
5.1
3.5
4.3
4.2
4.2
3.3
3.2
3.3
1.0
0.1
3.8
3.3
3.5
0.9
1.8
-1.1
-0.5
-0.8
0.7
1.3
1.6
0.8
1.2
3.0
2.2
2.7
2.6
2.7
2.1
1.9
1.8
2.3
2.0
1.5
.®J POLICE DEPARTMENT
Huntington Beach
P.O. BOX 70
City ®f HunCALIFORNIA 92648
Mr. John Vaughn
Best Towing
7472 Warner Avenue
Huntington Beach, CA 92647
Council/Agency Meeting Held: x ,6 Z
Deferred/Continued to:
A proved ❑ nditio ally rov �T�❑ Denied , 'ty I Si ure
Council Meeting Date: August 6, 2012::1 Departme D Number: PD 12-012
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Approve and authorize execution of contract agreements with Best
Towing and Transportation Service, LLC, Mandic Motors, Inc. and
Metro Pro Towing, Inc. for Police Directed Tow Services
Statement of Issue: Chapter 5.66 of the Huntington Beach Municipal Code requires the
City to select the persons or business(es) that provide police impound garage and towing
services pursuant to an open bidding procedure. The contract agreements will be for a term
of no more than five years, subject to an option for five additional years.
Financial Impact: None
Recommended Action: Motion to:
A) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between
the City of Huntington Beach and John C. Vaughn, dba Best Towing Services for Police
Directed Towing and Storage Services;" and,
B) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between
the City of Huntington Beach and Manic Motors for Police Directed Towing and Storage
Services;" and,
pq C) Approve and authorize execution by the Mayor and City Clerk of the "Agreement
Between the City of Huntington Beach and Metro Pro Towing, Inc. for Police Directed Towing
and Storage Services.
Alternative Action(s): Do not approve the contracts and direct staff accordingly.
Item 20. - I xB -606-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: PD 12-012
Analysis: Police -directed towing is any tow authorized by a law enforcement official,
such as an illegally parked vehicle or pursuant to an arrest of the driver. 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 vehicle a means to determine where
their vehicle is located. The City regulates police -directed tow services.
The City of Huntington Beach currently has contracts with Mandic Motors, Inc., Metro Pro
Towing, Inc., and Best Towing and Transportation Service LLC for police directed towing
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 was a five
(5) year period with an option for a five (5) year extension. On August 16, 2007, the three
tow operators, as well as the City, agreed to extend the contract for a five (5) year period.
The City Council also adopted Resolution 2007-44, authorizing a one-time 10% increase of
rates, fees and charges. Every year following this change the fees have been adjusted
according to an increase or decrease in the Consumer Price Index. The current contracts
are due to expire on August 15, 2012.
The rates, fees and charges that tow operators can impose will continue to follow the
current schedule, which expires on November 30, 2012. Refer to the attached current fee
schedule for information on the fees. Any future rate increases or decreases will be in
accordance with the 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.
On May 1, 2012, the City released a Request for Qualifications, soliciting proposals from
qualified tow operators. The police department received a total of three proposals, which
were from the same tow operators currently under contract with the City. The proposals
from Mandic Motors, Inc., Metro Pro Towing, Inc., and Best Towing and Transportation
Service LLC were reviewed and evaluated by a committee made up of four Police
Department representatives.
On July 3, 2012, Code Enforcement Officers inspected the storage yards of Mandic Motors,
Inc., Metro Pro Towing, Inc., and Best Towing and Transportation Service LLC. Code
Enforcement found all three facilities are being used appropriately and no zoning code
violations were observed.
All three companies met the towing and storage requirements and were selected by the
review committee. All three companies satisfy the insurance requirements and have
current permits/licenses as required by state and/or City, including zoning, fire and building.
xB -607- Item 20. - 2
REQUEST FOR COUNCIL ACTION
MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: PD 12-012
Environmental Status: Not applicable
Strategic Plan Goal: Maintain public safety
Attachment(s):
1. !Agreement between the City of Huntington Beach and Best Towing and Transportation
Service, Inc.
t�� 2. Agreement between the City of Huntin
3. Agreement between the City of Huntir
4. Memo from Code Enforcement
5. Fee Schedule
Beach and Mandic Motors, LLC.
Beach and Metro Pro Towinq, Inc.
Item 20. - 3 HB -608-
7e-,, ),,) 6 � -: k V / Lz S
T ATTACHMEN #1
AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND JOHN C. VAUGHAN, dba
BEST TOWING SERVICES FOR
POLICE DIRECTED TOWING AND STORAGE SERVICES
THIS POLICE DIRECTED TOWING AND STORAGE AGREEMENT
("Agreement") is made and entered into this day of July 16, 2012, 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
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:
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 May 31, 2012.
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
12-3258.001/81660
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 Police Chief, 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.
12-3258.001/81660 2
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 Police Chief,
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.
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.
12-3258.001/81660
B. Tow Operator's Office must:
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 be clearly 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 as set 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.
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 16, 2012.
12-3258.001/81660 4
B. Submittal of all requisite permits and appropriate fees to the City's
Building Department no later than November 15, 2012 .
C. Issuance of a certificate of occupancy and completion of a final inspection
no later than November 15, 2012
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 Police
Chief 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 Police Chief, or
unless such liability or responsibility is imposed by law.
12-3258.001/81660
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.
12-3258.001/81660 6
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 Police Chief 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:
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
12-325 8.001 /81660 7
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 Police Chief, reserves the right to refuse personnel from
performing services under this Agreement if, in the reasonable
belief of the Police Chief, the individual:
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
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
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, City shall
use its best efforts to assign requests for towing services on the 15th 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.
12-3258.001/81660 8
10. TERM OF AGREEMENT.
The term of this Agreement shall commence on August 15, 2012, 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:
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 thecustomer 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.
12-3258.001/81660 9
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 Police Chief shall give the Tow
Operator notice of the breach and a reasonable period to correct it.
B. The Police Chief 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 Police Chief 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 Police Chief 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.
12-3258.001/81660 10
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; TOW 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 Police Chief, or his designee, shall be responsible for the administration of
this Agreement. The Police Chief 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 Manager, 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:
Police Chief
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
12-3258.001 /81660 11
To TOW OPERATOR:
Best Towing Service
John Vaughan
7472 Warner Ave
Huntington Beach CA 92647
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 Police Chief, 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 Police
Chief or his designee, or unless such liability or responsibility is imposed
by law. Tow Operator shall have the right to salvage vehicles removed
from private property pursuant to this Agreement, subject to compliance
with all applicable statutes and regulations.
12-3258.001/81660 12
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 Police Chief 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 Police Chief
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
Manager, 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
Manager, or his authorized representative. The City Manager 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.
12-3258.001/81660 13
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:
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 Police Chief of the City may from time to
time prescribe governing the conduct of Tow Operator's operations under this
Agreement.
12-3258.001/81660 14
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.
12-3258.001 /81660 15
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 the 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 Two Hundred Fifty
Thousand Dollars ($250,000).
D. Garage keeper's liability insurance with minimum limits of One Million
Dollars ($1,000,000).
12-3258.001 /81660 16
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 hereby agrees to protect, defend, indemnify and hold harmless
City, its officers, elected or appointed officials, employees, agents, and volunteers from
and against any and all, claims, damages, losses, expenses, judgments, demands for
defense costs, and consequential damage or liability of any kind or nature, however
caused, including those resulting from death or injury to Tow Operator's employees and
damage to Tow Operator's property, arising directly or indirectly out of the obligations or
operations herein undertaken by Tow Operator, caused in whole or in part by any
negligent act or omission of the Tow Operator, any subtow Operators, anyone directly or
12-325 8.001 /81660 17
indirectly employed by any of them or anyone for whose acts any of them may be liable,
including but not limited to current active or passive negligence, except where caused by
the active negligence, sole negligence, or willful misconduct of the City. Tow Operator
will conduct all defense at its sole cost and expense and City shall approve selection of
Tow Operator's counsel. City shall be reimbursed for all costs and attorney's fees
incurred by City in enforcing this obligation. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Tow
Operator.
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.
12-3258.001/81660 18
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 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.
12-3258.001/81660 19
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 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
12-3258.001/81660 20
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.
JOHN C. VAUGHAN, dba CITY OF HUNTINGTON BEACH, a
BEST TOWING SERVICES, a partnershi municipal corporation of the State of
California
C 11A
print name
F."101:��
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air
OVED AS TO^FORM:
"1
������ A orney
INITIATED AND APPROVED:
I
Police Chio-€-/,27 J.2,
12-3258.001 /81660 21
ACORD. C=RTWICATE OF
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THIS CERTIFICATE IS ISSUED AS A NII OF INFORMATION
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APPROVED AS TO FORM
JENNIFER McGRATH, City Attorney
?-k 7131/ 2-10 f -z-
By Paul D'Alessanc6o
Assistant City Attorney IA/
Aq-ORP, CERTIFICATE OF
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APPROVED AS TO FORM
JENIFER McGRATH, CitvAttozvq
f Lt '7/31/1,* Loll.
By Paul D'AlessamJvo
Assistant City Attornsy
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THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CARE.-VUy.
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APPROVED AS TO FORM
JENNIP
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By Paul D'Alwsmtjw 7/7 //,?-o
Assistant City Attorney
Best Tcwine ACP BA 780SS47226 5/24/2r;12
Aoraiticnal insured, including waiver of subrogation.
The City of Huntington Seach
20CC Main Street
Huntington Beac n, CA �-3i4S
Attachment to certificate of insurance issued 5/29/25a2
The r ty, it's officers, elected or appointed fEp Is _ _ oyees, agents, and rolunteers are to be
covered as addtional insured's cy separate attar ned eneorserrent(s) as respect, Nabiflty arising out of
action performed by or on behalf &the contractor, products and Cupie_ed operations of i ie
contractor, cruises otsr-, d, occ.---ped or used by the contractor, cr automobiles owed lease- r
borrowed by the contractor The coverage s-ait contain no spe _i limltat,frm on the Scope of
proteL on afforded to the City.
S-
SATE (,IF '--LFQRNfA GLSINEC, TRAV4SPORTATEON ANE HOUSING AGENn'
DEPARTMENT OF MOTOR VEHICLES
fV10—n.'R CARRTE-- SE-9VICES ---P—NC- TVIS GeL71
RO 'C'x K237-- Sac,arnentu. CA 94232-3700
BLs,rT W- ANDIRANTSPOR-ATION 1 0 IN6
7 1 1N AF, N.- ER E
TTINGTON Bj� NCH. C A 92647
MOTOR CARRIER PERMIT
Puehc Scme=
Valid Valid
DU RTC, Of MOTOR WHICLES From; Through:
Mcnoz Carrier Sc:-v�--,-s Branch
P BOX 113-2370 e --acramerto. CA, 9-1-31-33",-1) CA#' 10337002
The carrier mrmej tact thi,v tt-nlj' ',j- 7�-,de WTj�7' -n� n �
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BESTTOV-ING AND TP-AINSPORATION met the requir=,jentsind pii,! Fh.: aonretpriwc,�--eS- i,-granwd --Triw
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7472 W--kRNER A"VT
HU�qTINGTONBEACH. CA 9264'
For Hire -
Full Year
Accown', 460162 i Tech 1U HB Limited Liability Company
SeMlence Aoll Pair`:
11
'IMPORTANT REMINDERS"'
:fyoud R a, 7,
e---u-ation iwe, plc. e Abn--a an (ri,!inm atiplica-1.1on and cht�ck:he
'cur irlsun. nalst remainv',ifid -.I'be tcnm ofpur ri-rna -n a suspcnion aeiiun IFUt' occur.
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phones
100 7 MC P � t - A. Public Sefvice Agerwy
City ®f Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ® www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
August 8, 2012
Best Towing Service
Attn: John Vaughan
7472 Warner Ave.
Huntington Beach, CA 92647
Dear Mr. Vaughan:
Enclosed for your records is a copy of the "Agreement Between The City of Huntington
Beach And Best Towing, Inc. for Police Directed Towing and Storage Services."
Sincerely,
JF:pe
Enclosure
G: followup:agrmtltr
Sister Cities: Anjo, Japan 6 Waitakere, New Zealand
ATTACHM-ENT #4
HB -687- Item 20. - 82
®�� CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
Planning and Building Department
TO: Sergeant John Haught, Traffic Bureau
FROM: Michael Fuentes, Senior Code Enforcement Officer
DATE: July 5, 2012
SUBJECT: Inspection of Police Directed Towing and Storage Service locations.
The Huntington Beach Police Department requested that Code Enforcement provide an
on -site inspection of the the three(3) tow companys that have submitted applications for
the contract schedule to be effective August 15, 2012. Code Enforcement,s role was to
determine if any zoning violations exist at at the three locations being utilized for the
storage and impound of vehicles. Our findings are as follows:
1. On July 3, 2012 at 10:30AM an inspection of Best Towing Services (7472
Warner Ave.) was conducted. It was found that this location is being used
appropriately as a vehicle storage yard. Code Enforcement did not observe
any zoning code violations.
2. On July 3, 2012 at 12:OOPM an inspection of Mandic Motors (18881 Gothard
St.) was conducted. It was found that this location is being used appropriately
as a vehicle storage yard. Code Enforcement did not observe any zoning
code violations.
3. On July 3, 2012 at 1:OOPM an inspection of Metro Pro Road Services (18931
Gothard St.) was conducted. It was found that this location was being used
appropriately as a vehicle storage yard. Code Enforcement did not observe
an zoning code violations
If you should require further assistance regarding these locations, please contact me at
(714) 536-5261.
Cc: Jennifer McGrath, City Attorney
Scott Hess, Director of Plannning/Building
Michael Fuentes, Senior Code Enforcement Officer
G:Code Enforcement/Fuentes/tow yards doc. 2012
Item 20. - 83 HB -688-
ATTACHMENT #5
HB _689_ Item 20. - 84
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
Item 20. - 85....._ ------ -- ._. -- - .... HB -690-