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Metro Pro Towing, Inc. - by Jody Campbell, Chairman - Brad Humphreys, CFO - 2012-08-06
Council/Agency Meeting Held: Deferred/Continued to: 'A proved ❑ ndiiio aiiyrov �r10 Denied ity lerio Si ure --t Council Meeting Date: August 6, 2012 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 lmpact: 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, 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. - 1 HB -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. HB -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): Item 20. - 3 RB -608- / 0a) AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND METRO PRO TOWING, INC. 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 METRO PRO TOWING, INC., a California corporation (hereinafter "Tow Operator"), located at 2550 South Garnsey Street, Santa Ana, CA 92707. 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 June 1, 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 12-3258.001/81675 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. 12-3258.001/81675 2 TOW OPERATOR LOT/STORAGE/OFFICE REQUIREMENTS. A. Except as discussed in Sections 4 and 5 of this Agreement, Tow Operator's lot must: 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. 5. Be available to accept vehicles 24 hours a day, 7 days a wcck, 365 days a year, towed pursuant to California Vehicle Code Section 22658. 12-3258.001/81675 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. 5. COMPLIANCE WITH LOT REQUIREMENTS Tow Operator subject to Sections 4(b) and 4(c) of this Agreement shall submit evidence of the following milestones to the satisfaction of the Chief of Police. A. Submittal of a conditional use permit application or appropriate zoning application and appropriate fee to the City's Planning Department no later than November 16, 2012. 12-3258.001/81675 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. 12-3258.001/81675 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. I. Tow Operator is expected to possess the standard tools of the trade such as slim jim, dolly, etc. J. 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 /81675 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: 1. Name, date of birth, driver's license number, and residence address; 2. The business, occupation, or employment history for three (3) years immediately preceding the date of the application, including permit history; and 12-3258.001/81675 7 3. All criminal convictions or proceedings in which a plea of guilty or nolo contendere was entered, including Vehicle Code violations; G. All personnel shall be fluent in the English language. H. The 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 5. does not possess a valid California driver's license. 9. ROTATING SCHEDULE FOR SERVICE CALLS. A. If, pursuant to other agreements, the City utilizes vehicle towing and storage services in addition to those provided by Tow Operator, 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. 12-3258.001/81675 10. TERM OF AGREEMENT. The term of this Agreement shall commence on August 15, 2012, and shall continue fora period not to exceed five (5) years with an option for five (5) additional years upon the agreement of both the City and Tow Operator, or upon termination by either party, whichever occurs first. Performance under this Agreement shall not commence until the Tow Operator has obtained the City's approval of the insurance and surety bond required by this Agreement. 11. BREACH OF AGREEMENT; GROUNDS FOR ASSESSMENT OF PENALTIES AND AGREEMENT TERMINATION A. The City reserves the right to terminate any Agreement or assess damages or penalties against the Tow Operator in the event of a material breach of any of the Agreement terms, or any material term of any applicable federal, state or local statute or regulation, which breach is not cured following written notice and a reasonable opportunity to cure. Breaches which are grounds for termination include, but are not limited to: 1. If the Tow Operator practices, or attempts to practice, any fraud or deceit upon the City. 2. If the Tow Operator becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Tow Operator in a bankruptcy proceeding. 3. If the Tow Operator materially fails to meet the customer service standards established by City and this Agreement over a three (3) month period of time. 4. If the Tow Operator fails to provide or maintain in full force and effect, the liability and indemnification insurance letter of credit or bonds as required by this Agreement. 5. If the Tow Operator willfully fails to provide City with required information and/or reports in a timely manner and upon City request, as provided in this Agreement. 6. Any other willful act or omission by the Tow Operator which materially violates the terms, conditions or requirements of the Agreement or any order, directive, rule or regulation issued thereunder and which is not timely corrected or remedied pursuant to Section 12 of this Agreement. 12-3258.001/81675 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. 12-3258.001/81675 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 NOTI 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 12-3258.001/81675 11 To TOW OPERATOR: MetzoPro Road Services Jody Campbell. 2250 S. Garnsey St Santa Ana CA 92707 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. 12-3258.001/81675 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 Ist 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. 12-3258.001/81675 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. 12-3258.001/81675 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: 1. 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 /81675 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). 12-3258.001/81675 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 12-3258.001/81675 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 /81675 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. 12-3258.001/81675 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 12-3258.001/81675 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. METRO PRO TOWING, a California CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor REVIE D APPROVED: "IAP'KOV anager Ci y AS TKO "FORM: Y`- '71c2Ac--Z— INITIATED AND APPROVED: Police Chief -7 12-3258.001/81675 21 07/2t""',2012' 17: . 013 71-45564100 METROPRO TOWING P4,GE 02 ACORD _7==,,, CERTIFICATE OF LIABILITY INSURA�CE______T Conte 'P'14te -Durance sorvd.0" THIS CER I ........... NDI''' IS ISSUED AS A w,q ONLY A CONFER Ra RIGHTS 'NFO�R forxj Licenos #0735759 MATIO�l HOLDJ�R THIS CERTIFICATE DOES NOT AN THE r907 Sp't'%g' NO ; CERTIFICATE C ALTER MEND. EXTEND OR Road hlE COVERAGE AFFORDED BY THE POLICIF CA 93012-9464' S BELOW MRT'ROPRO TO%,=(; , INC INSLIREIR%AFFORDING COVERAGE ON DBA: XgTROPRO ROAD SEavICL's INSURER A: NATI NAIC# 2550 INSURER OM RN IrMAL (;AlMSHY STREET INSURER 22787 "'TA ANA, CA 92707 IN, VrKAGE$ THE POLICIES OF INSURANCE LISTED 6rzL0iA, HAVr= ANY REQUIREMENT, TERM OR CONDITION OF NAMED ABOVE FOP, . . .... , MAY PERTAIN, THE INSURANCE: ANY CONTRACY OR OTHER U NT WITH POLICY ITE0 POLIES.ACREGATF AFFURDFC$y EPOLICIESDI�$CRIBE H CERTIFICATE MAY Is ISSUZ�D OR RESPECT Tr.) WHICH yMIS NOTWTHSTANDING MAY HAVEEIN I SUBJECT TO ALLTHE TERMS, McCt' TA EENR UCEDBYPA) $111 USION$ AND CONDI-nONS or -SUCH A GENERAL POLICY Numara L Y F FECTIVE, P ICY EXplp I LIABILITY MT 7805094879 A D LIMITS CIAL dCNERAL UAMLITy 24 20 2 07/24/20:L3 EACH OCCURRMNIE $ � CLAIMS-VE K] QmUR P gUip., 5 En 4—a0.. 0 0 �10 0 0 1 9 E5 En ce s AOCMEGATE Ljkjfr P POLiCY F ,1'RO L2 I" • TQMCIGILELIABILITY ANYAUTO Al I (-NEE) AU rO_* SCI"e"'OLED ALfrog X HIRED AUTO(; -% NON0V"NCOALJrC.-z AGF LIABILMY ANY AUTO k'=f--mbHELLA LIAMLITY OCCUR CLAjMqM/qjr RETENTION WOR"RSCOMPEENSATIONAND EMPLOYERS LIAII,.ny ANY i PR0PRIETQR?PAR'rKR/EXECL#`rfvF F I r llpfmE"EA I=LIJX0-, A IOTHER ON-110 ACP 180509407u PERSONAL &ADVINJURY S'Ooo 5`0 GENaRAL F ' TF s 2,cool000 PRODUCTS - COMPIOP Alm $ 2 1, 000, 600 07/24/203,2 07/24/20113 I0MINklUO )SINGLe LIMIT $ aLRY s Por Pnrnv 80()ILYjNjUj1y PROPERTY DAMAGE (per Cdrfn"I) ,R) AUOTTOONLVHISR THAN ' lA"\"N'rtI< M GRATH, CS AIU- r;.L EACH ACCIDENT E.L. DISRASE - CA CMPLO' ACP 7405094fl7ft E'L 21 EASE- POIJOY LIMI 07/24/2012 07/24/203,3 PER 7EH.Scten. $x*00 DZDUCT7,z ICXCLUSIONSA00r;p4YFNDbRqPUMan.--..... LEGAL LIABILITY HOLDER TS NAMED AS AN$6()() 0" LIMIT PER LOCATIOtT ADLITIONAL INS"RED AS 'EsPECTs LIABILITY ONLY. CITY or XUNT_TgQTOl; BSACU, ITS AQENTS OFFICER-9 AND F&pLoyEMS 200Q MAZU STREET CA 92648 t s 600000 pre, SHOULO ANY Or- THE ABOVr pgSCpjBe0 p 119-CAJ �.1OL.;, POLICES 13L CANCEII'LLCO BEpORg T"f F DAM THEREOF. THE =LI'NC' INSURER WIL ME TM _XIRA' NOTICE To THE CE"FICATE 14OLOES NAME 09%ft"Mb MAIL22— OAYS WRITTEN kwAfffiL'v__-- 0 TO THE CERTIFICATE IFICATE F LIABILITY INSURANCE D03 (MMIDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES GELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ` .4PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-955-8700 CONTACT Arthur J. Gallagher & Co. Arthur J. Gallagher & Co. Insurance Brokers NAME: g of California, Inc. PHCNEo �: (949) 349-9800 aC No: (949) 349-9967 15 Enterprise, Ste 200 E M IL Aliso Viejo, CA 92656 Jerry Niewiadomski INSURED MetroPro Towing, Inc. DBA: MetroPro Road Services 2550 South Garnsey Street Santa Ana, CA 92707 INSURER B : E: EXPLORER INS CO COVERAGES CERTIFICATE NUMBER- 26138724 REVISION NIIMRER- 40029 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SR SU R WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMBS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PE O LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ FIR ER DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE _ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? ❑ N / A WSD502077100 04/01/1 04/01/13 X WCSTATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L.IJISEASE - POLICY LIMIT $ 1,000,000 -DESCRIPTION OF OPERATIONS -/LOCATIONS-/-VEHICLES-(Attach-ACORD 101-Additional Remarks Schedule, -if more space isrequired)-- — — - --- -- — Proof of insurance. APPROVED AS TO FORM JENNIFER MaGP_kTH, City Atto-iety By Paul D'Alessandro L j C o t Assistant City Attorna y Ur-K l ll-111-A I r Ht.JLUtK UANULLL.A I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE ,h Huntington Beach, CA 92648-2702 v� �4cYp I _ USA !/ _ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD pushpaali CL 690 (10-93) THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. n CG 20 10 10 93 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement channas the nnlin-xt affsanti%ia nn t" innnn+:n .dam+^ —4 4 u Endorsement effective Policy No. 12:01 A.M. standard time ACP 7805094878 Named Insured NETROPRO ROAD SERVICES, INC. Countersigned by (Authorized Representative) SCHEDULE CITY OF HUNTINGTON BEACH, ITS AGENTS Name of Person or Organization: OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the _ Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. GARAGEKEEPERS LEGAL LIABILITY - $600,000 LIMIT PER LOCATION CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS LIABILITY ONLY. CL 690 (10-93) CL 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 NAMED INSURED LIST METROPRO ROAD SERVICES, INC. DBA: A & P TOWING DBA: BEN'S TOWING 1'.• HARBOR TOWING 1,METROPROlHUNTINGTON BEACH DBA: SANTA ANA TOWING DBA: METROPRO TOWING, INC. DBA: CARDINAL PROPERTIES LLC SCHEDULE OF LOCATIONS STORAGE LIMITS LOC#1- 2550 S. GARNSEY ST. $600,000 SANTA ANA, CA L®C#2-16212 CONSTRUCTION CIR. $600,000 IRVINE, CA LOC#3- 957 WEST 17TH STREET $600,000 COSTA MESA, CA LOC#4- 964 WEST 17TH STREET $600,000 COSTA MESA, CA LOC#5-1135 N. KRAMER PLACE $600,000 ANAHEIM, CA LOC#6- 2988 E. CORONADO $600,000 _ � ANAHEIM, CA LGC#7-18931 GGTIIARD STREET HUNTINGTON BEACH CA $600,000 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 Metro Pro Road Services Attn: Jody Campbell 2250 S. Garnsey St. Santa Ana, CA 92707 Dear Ms. Campbell Enclosed for your records is a copy of the "Agreement Between The City of Huntington Beach And Metro Pro Towing, Inc. for Police Directed Towing and Storage Services." Joan L. Flynn, CIVIC City Clerk. JF:pe Enclosure G:fo11owup:aQrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ATTACHMENT xB -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-