HomeMy WebLinkAboutOrdinance 3503 Amending Chapter 5.66 of HBMC Relating to Pol CITY OF HUNTINGTON BEACH
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: CA 00-12
Council/Agency Meeting Held: 0 20-0)
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
K� J to- l y Clerk' Si nature
Co ncll�g Date: pblftr4Augus 20,2001 Department ID Number: CA 00-12
Oq_o --o\ • ort9 tva. 3903 'i A `2 Nvjj
CITY OF HUNTINGTON BEACH wo, 3so.3
REQUEST FOR COUNCIL ACTION
N =
CS
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS a
SUBMITTED BY: RAY SILVER, City Administrator 4W :1 C
GAIL HUTTON, City � G .,
Attorne Y�, cZ7 o r
GAIL HUTTON, City Attorney 64
PREPARED BY: 1��- of _
RON LOWENBERG, Chief of Police �i iff g- C_,
o n
SUBJECT: Adopt Ordinance Modifying Permitting Requirements and Increasing
Rates of Police-Directed Towing Services
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: 1. Should the.City delete permitting requirements for police directed
tow services and enter into contracts with police-directed tow operators via a request for
qualification process?
2. Should the City increase the allowable rates to be charged by police-directed tow
services?
Funding Source: None.
Recommended Action at August 20, 2001 City Council meeting-
1. Adopt Ordinance No. 33,03 amending Huntington Beach Municipal Code 5.66
removing permitting requirements for non-consensual towing services.
2. Adopt Resolution No�oo/"�aestablishing a City fee schedule for police directed
towing services and garage impounds.
3. Authorize staff to initiate the police-directed tow service selection process using the
attached Request for Qualifications and sample agreement. ff
01-towing2 7/31/01 4:48 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: CA 00-12
Alternative Action(s): 1. Do not adopt Ordinance No. 3503
2. Do not adopt Resolution No. e2Q0 _
3. Do not authorize staff to initiate the selection process
4. Modify office/storage indoor facility location requirement to allow
off-site office/indoor storage facility within 1.5 miles with tow
operator-provided shuttle services.
5. Decrease minimum vehicle storage requirement to 150 from
200 vehicles.
Analysis: Police-directed towing is any tow authorized by a law enforcement official,
such as an illegally parked vehicle. Consensual towing is a tow which is authorized by the
owner of the vehicle, such as a AAA tow. On the other hand, non-consensual towing
(sometimes known as "private party impounds") is any tow initiated by a person other than
the owner of the vehicle or a law enforcement official. For example, the property owner can
have an abandoned vehicle towed from a parking garage, or an apartment complex where a
non-resident has parked in resident-only parking. A non -consensual tow must be reported
to the Police Department to ensure that the vehicle owner may contact the police department
to ascertain the location of the vehicle and prevent the investigation of the tow as a stolen
vehicle. Currently, the City only regulates police-directed and non-consensual tow services.
This Request for Council Action relates solely to police-directed tow services. (Previously,
the City Council adopted HBMC §5.67 and the related rate resolution regulating non-
consensual tows.)
The Police Department and City Attorney's office have worked extensively on the creation
and implementation of a new process for the selection and regulation of police-directed
towing services. Currently, police-directed tow services are authorized to operate via permits
issued by the Police Department. However, it has become increasingly more difficult to
ensure that the police-directed tow operators are providing the customer service expected as
an extension of the Police Department and the City. Moreover, the history of the police-
directed tow rotation system does not support the consideration of alternative tow operators
to ensure the best service providers follow the same standards for lot requirements,
equipment minimums and provide similar services.
The highlights of the new police-directed tow service agreement process are:
1. Tow service operators will be selected through a request for qualifications
procedure. No more than three (3) operators will be selected. Tow Operators will work on a
rotating basis. If selected, the rotating three operators will be 15 days on, 30 days off.
2. Only operators with a lot which currently complies with the contract requirements or
evidence of a lot which can be brought into compliance with the Agreement within 18 months
will be permitted to apply. The Chief of Police is authorized to grant a reasonable extension
of the 18 month deadline based on the good faith efforts of Tow Operator.
01-towing2 �3? 7/31/01 4:48 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: CA 00-12
3. Operators must maintain a storage lot within the City limits with the capacity to store
200 vehicles and an office on the lot;
4. The operator's storage lot must comply with all applicable City code requirements,
including fire, building and zoning;
5. All legal non-conforming storage lots must comply with all other applicable codes
and requirements of the Agreement;
6. Operators must respond to a call from the Police Department within 20 minutes or
less;
7. Operators must maintain equipment minimums;
8. Operators must be responsible to the Police Department/City for complaints;
9. Operator's storage lot will be designated as a public garage for the purposes of non-
consensual tows pursuant to the California Vehicle Code.
The City Council Subcommittee on Police-Directed Tow Services reviewed the proposed
ordinances, resolutions, request for qualifications and sample agreement at its meeting of
June 5, 2001. The Committee recommended approval of all items recommended by Staff
with the following modifications which have been incorporated into the documents attached:
COMMITTEE
ISSUE RECOMMENDATION STAFF RECOMMENDATION
1. Minimum Storage Capacity *200 Vehicles (57,600 sq. ft. of 150 Vehicles (43,200 sq. ft. of
storage) storage)
2. Office Location On-site office and storage On-site or off-site within 500
facility feet with shuttle service
3. Equipment location Six tow vehicles permanently Six tow vehicles available
stored in City during rotation
*The Committee considered and rejected using a minimum square footage requirement rather than a vehicle
storage minimum.
The Committee deferred consideration of a modification to the term of the agreement. Staff
recommendation is a five year term with a five year extension if agreed upon by the City and
Tow Operator. The Tow Operator' requested a longer term to amortize their investment.
Staff feels the City should request new proposals after ten years to ensure the highest quality
of service to the citizen. The Committee considered two additional five-year extensions for a
total contract term of twenty years but deferred the matter for full City Council consideration.
01-towing2 - 818/01 9:40 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: CA 00-12
Existing Police-Directed Tow Services
The police-directed tow operator permits-of Mandic Motors and Best Towing expired early
May 2001.' The permit for Huntington Auto does not expire until August 9, 2002. The Police
Department has continued to use the three permitted tow operators to provide services.
Pursuant to the attached ordinance, the existing tow operators will continue to provide
service until the date the new agreements become effective, August 15, 2002.
Environmental Status: NA
Attachment(s):
City Clerk's
Page Number N Description
1. Ordinance amending HBMC §5.66 regulating police directed towing
services. ®r-d_ A✓�i , 3-5-a.3
2. Legislative Draft of 5.66.
3. Resolution establishing rates for police directed towing. .4/v ,
4. Request for Qualifications.
5. Sample Tow Agreement.
RCA Author: McGrath
Mandic Motors' permit expired 5/4/01; Best Towing's permit expired 5/1/01
01-towing2 -5` 8/8/01 9:42 AM
(14) August 20, 2001 - Council/Agency Agenda - Page 14
F. Administrative Items I A I
F-1. (City Council) Approve Introduction of Ordinance No. 3503— Modifying Permitting
Requirements and Increasing Rates of Police-Directed Towing Services and Adopt
Resolution No. 2001-52—Authorize Bid Process for Tow Service Selection 530.30)
Communication submitted by the City Attorney and the Police Chief requesting Council
approval to delete permitting requirements for police directed tow services and enter into
contracts with police-directed tow operators via a request for qualifications process and
increase the allowable rates to be charged by police-directed tow services (A City
Council study session was held regarding this item on August 6, 2001.)
"Communication received from MetroPro Auto Service dated August 16, 2001 with
recommendations on the Police-Directed Towing Ordinance.
Recommended Action: After City Clerk reads by title, motion to:
1. Approve introduction of Ordinance No. 3503— "An Ordinance of the City of
Huntington Beach Amending Chapter 5.66 of the Huntington Beach Municipal Code
Relating to Police-Directed Motor Vehicle Towing Service"removing permitting
requirements for non-consensual towing services;
and
2. Adopt Resolution No. 2001-52— A Resolution of the City Council of the City of
Huntington Beach Establishing a City Fee Schedule for Police Directed Towing
Services and Garage Impounds,`
and
3. Authorize staff to initiate the police-directed tow service selection process using the
attached Request for Qualifications for Police-Directed Towing and Storage Services
-� and sample agreement.
[Approved & Adopted Recommended Actions 1, 2 & 3 and
�20_0� Towing Committee recommendations: 200 vehicles (57,600 sq.
cojAkll ft. of storage); On-site office and storage facility; and Six tow
gjaNvehicles permanently stored in City during rotation - 4-3
-� (Boardman, Cook, Bauer No)]
ATTACHMENT
1
ORDINANCE NO. 3903
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.66 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.66.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.010 Scope of chUter. The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual police-directed vehicle tow service which is directed by the
Huntington Beach Police Department whether established before or after the effective date
hereof.
SECTION 2. Section 5.66.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.020 Towing operation defined.
(a) As used in this Chapter, "towing operation" means the activity of towing and storing
of vehicles, and the performance of other services incident thereto, for compensation
within the city of Huntington Beach which is directed by the Huntington Beach Police
Department without the consent of owner(s) of the vehicle at the direction of the
Huntington Beach Police Department. Such towing shall include:
(1) Any official police impound garage and towing service, as designated the City
Council or its designee.
(2) Any police directed tow, including but not limited to any tow from the scene
of an accident, arrest, or issuance of a citation;
(b) The provisions of this Chapter shall not apply to any towing operation:
(1) That provides tow service exclusively to members of an association,
automobile club or similar organization, and receives remuneration only from the
sponsoring association, automobile club or similar organization;
(2) That provides tow service without charge or fee for other vehicles owned or
operated by the individual or organization furnishing tow service;
(3) That provides tow service for other vehicles owned or operated by the
individual or organization furnishing the tow service, but which are being
operated under terms of a rent or lease agreement or contract, and such towing is
01 ord/5-66 tow/7/27/01 I
Ord. No. 3503
performed on a nonprofit basis or said fee is a part of the rent or lease agreement
or contract;
(4) That provides exclusively consensual, nonemergency towing assignments
which include towing of vehicles that have been involved in a collision, but have
been removed from the scene; that have experienced mechanical failure, but have
been removed from the roadway and no longer constitute a hazard; or that, being
mechanically operative, are towed for convenience. All nonemergency towing
assignments require authorization from the registered owner, legal owner, driver,
or other person in control of such vehicle, and/or
(5) That provides tow service-without the implied or express consent or
knowledge of the owner(s) of the vehicle which is not directed by the Huntington
Beach Police Department, including but not limited to towing initiated pursuant to
California Vehicle Code Section 22658(a)[illegal parking on private property] and
Section 22953(b)[illegal parking within 15 feet of a fire hydrant, in a fire lane, or
in a stall designated for disabled person parking] and any similar or successor
statutes.
SECTION 3. Section 5.66.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.030 Agreement required. No person shall engage in, manage, conduct or operate a towing
operation as an official police impound garage and towing service or perform a police-directed
tow unless said person is either employed by or under an agreement with the City to provide said
services. The.City Council shall approve any such agreement or amendment thereto.
SECTION 4. Section 5.66.035 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.035 Agreement - Terms and Conditions. The City shall select the persons or business(es)
that provide police impound garages and towing service pursuant to an open bidding procedure.
The selection procedure and standards shall provide at a minimum that:
a. No more than three persons or businesses entities shall be awarded agreements.
b. 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.
C. The Tow Operator shall be required to respond to the location specified in a call for
service within twenty(20) minutes after notification at least 95% of the time.
d. The Tow Operator shall maintain a tow storage yard within the City limits.
01 ord/5-66 tow/8/8/01 2
Ord. No. 3503
e. Tow Operator shall meet all insurance requirements as established by Resolution of the
City Council, in addition to insurance requirements as set forth in the Agreement.
f. The Agreement will be for a term of no more than five years subject to an option for five
additional years.
SECTION 5. Section 5.66.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.170 Rates and charges--Signs--Change of.
(a)Rates and charges for all tows and vehicle storage shall be established by Resolution
of the City Council of the City of Huntington Beach. Written notice of proposed changes
shall be mailed to the affected tow services a minimum of forty-five (45) days prior to the
date set for City Council approval by the Chief of Police or his designee.
(b)No tow or storage fee charged shall be higher than the fees authorized by Resolution
of the City Council.
SECTION 6. The following sections of Chapter 5.66 have been deleted in their entirety:
5.66.040 Application for towing operation permit--Fee
5.66.050 Denial of towing operation permit
5.66.060 Tow unit operators--Permit required
5.66.070 Tow unit operators--Identification card
5.66.080 Application for tow unit operator permit--Fee
5.66.090 Denial of tow unit operator permit
5.66.100 Insurance required
5.66.110 Business location
5.66.120 Towing authorization
5.66.140 Itemized statement--When required
5.66.150 Vehicle repair or alteration--When permitted
5.66.160 Release of vehicle
5.66.170 Rates and charges--Signs--Change of
5.66.180 Permits--Nontransferable
5.66.190 Change of ownership
5.66.200 Change of ownership--Application fee
5.66.210 Change of ownership--Action on
5.66.220 Permit for each location required
5.66.230 Change of location
5.66.240 Permit renewal
5.66.250 Towing service--Permit denial--Appeal
5.66.260 Permit suspension and revocation
5.66.270 Suspension or revocation--Grounds for
5.66.280 Appeal procedure
01 ord/5-66 tow/7/27/01 3
Ord. No. 3503
5.66.290 Appeal--Hearing
5.66.300 New application after denial or revocation
SECTION 7. The Police Department shall continue to employ the Tow Operators
validly permitted to provide police-directed tow services prior to May 1, 2001, until August 15,
2002, on the same tenns and conditions of service as effective on May 1, 2001.
SECTION 8. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of September , 2001.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk 69,11—ty
- -City Attorney
REVIEWED AND APPROVED: 61
Z130
Q INITIATED AND APP VED:
City Ad anistrator l
Chief of Po ce
01 ord/5-66 tow/7/27/01 4
Ord. No. 3503
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified.City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 20th day of August, 2001, and was again read to
said City Council at a re ular meeting thereof held on the 4th day of September, 2001,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Green, Julien Houchen, Garofalo, Dettloff
NOES: Boardman, Cook, Bauer
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK ofthe City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
2001
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
g:/ordinanc/ordbkpg2001.doc
ATTACHMENT 2
Ordinance No. 3563
LEGISLATIVE DRAFT
Chapter 5.66
POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
(Urg.Ord.2445-7/80,2789-9/85,3269-1/95,3330-6/96,3395-8/98,3481-1/01)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Towing operation--Permit required
5.66.049 Applieation forTewin- opel tte)ennit—Fee-
5.66.050 Denial of towingeper-
5 66.070 Tew unit-eper-ater-s eaF
5.66.090 Denial of tow unit operator-permit
5.66.110 Business lee do
5.66.140 itemized statement When fequir-ed
c 66 i 60 Release of vet iel-e
5.66.170 Rates and charges--Signs--Change of
�� i Qn v is N b4e
:.�v-rvvTefl�ir�vi=rtrz'�i�,rrc�,nar
5.66.190 Change of wxner-ship
5.66.210 Change of owner-ship Aetion on
c 6 2n0 Do,.mit,- .,t
5.66290 AppealHear-ing
c 66 300 New .,,,,,i;,,atio,, after- deniaor-1 r-eveeatien
5.66.310 Violation--Penalty
jmp/towing/mc566 2001/6/26/01 1
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual police-directed vehicle tow service which is
directed by the Huntington Beach Police Department whether established before or after
the effective date hereof. (urg.ova.2445-7/80,2789-9/85,3330-6/96,3481-1/01)
5.66.020 Towing operation defined.
(a) As used in this EChapter, "towing operation" means the activity of towing and
storing of vehicles, and the performance of other services incident thereto, for
compensation within the city of Huntington Beach which is directed by the
Huntington Beach Police Department without the consent of owner(s) of the
vehicle at the direction of the Huntington Beach Police
Department. Such towing shall include: (3330-6/96,3481-1/01)
(1) Any official police impound garage and towing service, as designated
by r-eselufie the City Council or its designee. (3330-6/96)
(2) Any police directed tow, including but not limited to any tow from the
scene of an accident, arrest, or issuance of a citation; (3330-6/96,3481-1/01)
(b) The provisions of this sChapter shall not apply to any towing operation: (3330-
6/96,3481-1/01)
(1) That provides tow service exclusively to members of an association,
automobile club or similar organization, and receives remuneration only
from the sponsoring association, automobile club or similar organization;
(3330-6/96)
(2) That provides tow service without charge or fee for other vehicles
owned or operated by the individual or organization furnishing tow
service;(3330-6/96)
(3) That provides tow service for other vehicles owned or operated-by the
individual or organization furnishing the tow service, but which are being
operated under terms of a rent or lease agreement or contract, and such
towing is performed on a nonprofit basis or said fee is a part of the rent or
lease agreement or contract;(3330-6/96)
(4) That provides exclusively consensual, nonemergency towing
assignments which include towing of vehicles that have been involved in a
collision, but have been removed from the scene; that have experienced
mechanical failure,but have been removed from the roadway and no
longer constitute a hazard; or that, being mechanically operative, are
towed for convenience. All nonemergency towing assignments require
authorization from the registered owner, legal owner, driver, or other
jmp/towing/mc566 2001/6/26/01 2
person in control of such vehicle, and/or (Urg.Ord.2445-7/80,2789-9/85,3330-6/96,
3481-01)
(5) That provides tow service without the implied or express consent or
knowledge of the owner(s) of the vehicle which is not directed by the
Huntington Beach Police Department, including but not limited to towing
initiated pursuant to California Vehicle Code Section 22658(a)[illegal
parking on private property] and Section 22953(b)[illegal parking within
15 feet of a fire hydrant, in a fire lane, or in a stall designated for disabled
person parking] and any similar Or the4 successor statutes. (3481-1/01)
5.66.030 Agreement required. No person shall engage in,
manage, conduct or operate a towing operation as an official police impound
garage and towing service or perform a police-directed tow unless said
person is either employed by or under an agreement with the City to
provide said services. The City Council shall approve any such
agreement or amendment thereto. without awnitten" fmi ffom the Chief o4
Pokee. (Urg.Ord.2445-7/80,2789-9/85)
5.66.035 Agreement - Terms and Conditions. The City shall select the
persons or business(es) that provide police impound garage and towing
services pursuant to an open bidding procedure. The selection
procedure and standards shall provide at a minimum that:
a. No more than three persons or businesses entities shall be
awarded agreements.
b. 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.
C. The Tow Operator shall be required to respond to the location
specified in a call for service within twenty (20) minutes after
notification at least 95% of the time.
d. The Tow Operator shall maintain a tow storage yard within the
City limits.
e. Tow Operator shall meet all insurance requirements as
established by Resolution of the City Council, in addition to
insurance requirements as set forth in the Agreement.
jmp/towing/=566 2001/8/8/01 3
f. The Agreement will be for a term of no more than five years
subject to an option for five additional years.
Em pefmit shall be filed with the Chief of PE)Iiee on fE)Fms f�mished by him, shall
ben ed by a foe not by resolution of'the City Catme.l) and shall ntain the
1
name, date ef 7 ,
business and reside
addresses of the appheant, if a natur-al per-son; or-if a 7 its 7
and plaee of and
7 business,
names of its pr-ineipal 7 addresses;esidenee
of if a 7 7
the nafnes of
paAner-s7 of of the per-so 7
and th
business and r si e„re of earl, paFt„er o
!hl A .lennr,ntie of eaeh tow tFuek o other-vehicle proposed to be used lam[.the
applieantf together-with engine ) )
and state
,ehkle Hearse number-therean;
7
1
names, dates of 7
addresses and driver-slieense number-s of a!
tFuek o rat.,rs e played by then nl,eant•
7
business, 7
hately pr-eeeding the date of the
7 ineluding if )
eentender-e was 7 ineluding 5.66.050 Denial of Aten pefmit The Chief of ,
7 or his designee,
shall
eause an investigation of the applieant, and the appliealion f0f a pef:mit may be denied On
any of the fellow ng g nds:
j mp/towing/mc566 2001/6/26/01 4
(a) The app1' t ; unfit to he trusted with the privileges gfanted by n ..h permit,
h bad 1 h ter ' temnerate habits bad reputation for-tr th
vx-rra�-cc-vumrivrccrC�m acccr;-'rr"rccmpercccc-rrcrvrrs ozzr-vucrr�l:...,...�..,.. ..... ......,;
!hl The 1' t h t lete.b all portions of the annl;..at;..
CvTz'czc-a�rrccrnrrrir�-iror .,;::1:....�.... .... 1:,...,........ ... ..... ...YY...,.....,...
! \ The annl;..ant : per-sontinder-the age of eighteen !1 4\ years;
(d) The nl; nt has made a material reserntnt;snin the l;, Hon;
-uY�iia.uiivi.;
! \ The nli nt h; agent employee, anyper-son ee ..terl t d' abe or- a `� ucc.ci
with then nl;..ant a partner sl;reeter off;ner steekhol.ler n ;n�o s
< n
�.�v�iu i Manage
n
h cenum;tted s ai,-lesl o abetted ;n the eenHnission of am, a..t or- ..t f
iwhi h ;f a ttrl; e by ; e ,l.l he rtreiinds for-e tt suspension-vr-eveer
nti., of n rmit•
(f) The t6wing sen4ee, as proposed by then nl;nnnt, does not e,mpl<,witapph all
1' ab.le In ineluding, but net limited to health zoning, fire and afot
[ 66 060 Tow , nit s rater-s Derm;t i rerl
(a) No per-son shall operate or-dr-ive a tow tinit without awfitten permit from the Chief 0
D.r vnce.-
!h\ N per-sonshall be a to tinit operator- ntil s,,..h t; a employed m �c�u
n has r e.-1 a r;tten n rm;t ffem the Chief of D.,l;..e to n..t n a tee , nit e ccruvt-u� u w�� uiiic
eper-atof.
ration of a t,-..<w , nit shall ean=y n his pefson m at all ties while s engaged,
> issued by the Poliee Depai4ment,
name,ear-d shall bear-the > business address,
tee, and the name and address of the and photegaph of the
operator-pefmit sh-Al.l.be. file-al Nvith the Chief ef Poliee on foFms fufnished by him, shall be
p��pp���ee' t b resolution f the C-e nnil, and shall t th
LTI.i.V G�Tir Tei�TR 1TVr- �AricII—CTI"I'a JTC�GLTrv'evn���L1iG
following ,n f rn,at,en-
jmp/towing/mc566 2001/6/26/01 5
\ The date fh•rth ,l h .1
�u7-rrrcZiEH� ,G�ircc-vr-Qrrcxr-arx-`r'2�S-�icel•i��E�,-F$S�l�cnEef?SS�mi�rthe
name ...7 address of his a pleyer.
business, >
liately pFeeeding the date of the
it
> ,
if nany, as n tew. r,;t o rnte,r•
!e\ All er-iminal e etionsor-pfeeee.lings i ,rh;eh n pleas f.Y„ilt,r e 1
entered, ineittdingvehiele eede >
c 66 090 Denial ef r.,t r i3ofmit..—Trice Chief of Peliee,ems designeeany of the fellewing gfottnds-.
(a) The appheant is tinfit to be tFdsted with the privileges granted by sueh peffflit,
honesty o
(b) The applieant is a per-son under-the age of eighteen (18) year-s;
loll Then plien„t has not e plete.l .,11 „ertions of the plienti.,,,
/el Then r,lien„t has e ,Y,itte.l o .,idea or- .,betted in the e ,f any net
or net of emission, hih if itt ,a by itt ,l.l he gr-ou,-d F.,w e e e e e e
• (27-89 W85)
opefatien will be issued or- > th e applieant Enust fitmish the Chief of Poliee,
designee, or-his
a eei4ifieate of instiFbusiness in this stat by an insur-anee eempany admitted to da
> ,
b
e, appfaved by the Chief 4
Poliee> designee,
without first r-eeeivingwFitten authorization to do so by the registered E)Wflev, b
jmp/towing/mc566 2001/6/26/01 6
owner-, dr-iver-, E)r-other-per-sen in eentr-el of said vehiele. Sueh auther-izaiien shall list the
shall be fumished to the per-son auther-izing the tow, and shall list the name, addr-ess and
epen fE)r-release of vehieles. Stteh eepy shall also be signed by the tow unit eper-ate
5.66 z 40 itemized statement
per-fefmed, ifieluding labor-and speeial equipment used in towing the vehiele afid the
eh.,rge 'he.efe upon tho , est of,
(b) The legal e r,
(d) The duly a the-;zeal agent of'any of the fe-egging
being
atither-ized by(a) the r-egist
(b) the legal e or- (e) the insur-anee agent of either-(a) or- (b); of (d) thee
and stor-ed in the business effiee. This seetien shall not be eenstfued as atither-ized agent of any of the foregoing. Pai4s or-aeeessefies shall not be r-emoved ftem
b
of st eh yehielo
5.66.160 Release of vehiele. A tew eper-atio.. pe.....Ree shall pr-evide for-release &f
.,
holidays. PeFmittees may additionally release vehieles en ethef days and . (3395 &98)
Upon applieatien to the Chief of > designee,
pefmittee, an adjustment in the days and hettr-s and a shewing E)f hardship by the
whieh vehieles may be released
may be made.
5.66.170 Rates and charges--Sims--Change of.
(a) Rates and charges for all tows and vehicle storage shall be established by
(Resolution of the City Council of the City of Huntington Beach. Written notice
of proposed changes shall be mailed to the affected tow services a minimum of
jmphowing/mc566 2001/6/26/01 7
forty-five (45) days prior to the date set for City Council approval by the Chief of
Police or his designee. (3395-8/98)
(b) A te,,A, a. nittee shall post and maintain a list of the rates a
wher-e eustemer-finaneial tr-ansaetions take plaee. Sueh list shall have letters
(e)(b) No tow or storage fee charged shall be higher than the fees authorized by
FResolution of the City Council. (3395-8/98)
issued is sold or-tfa-nsf�ff ed to one E)f the tr-ansf�r-ees listed in this seetien, the Chief e
Polie , or-his designee, may endorse a 5.66.190 Change of ownefshiL3—When a towing operation for-whieh a pefmit has been.
e of owner-ship on stieh pefmit upon written
applieatien by the transferee. Only the following tr-ansfer-ees or-sueeesser-s shall
entitled to stteh transfer- of pem+iI-.--
1 ri„1.,qualified r,tnt;.,es ,f r e „1n,g 1y appointed byby ,,,fs ,eempetent
pitts theirspouseor-spousesof any stieh m „-be
(d) A r, rnt; ,,, r-ganized and r,tr-elle.l by . individual e
„nir,n�rn�rnted perm;ttee for-the purpose of aeq ir-ingor-whieh has n red th
eta f tL,e business p .ly owned and operated by s eL, p rmittee
!e) Upon dissolution of., el rely l,el.l r.,tio the sty..khel.lers to .<hem the
`�.J V1.JV 11 lL1JJVTA �
assets are .-listr-ib teal ri it��n�_�ian ��ao_oiuGi
tr-ansfer-of peffnit must file an appheation fef stteh tr-a-msfer-with the Chief ef Pei'
within thifty(30) days after-he assumes eentr-el of the to on. The Chi
Poke
the appheatien
jmphowmg/mc566 2001/6/26/01 8
5.66.210 Chan�ge of owner-ship '4-eti on on. The Chief of Poliee shall transfer-the
to an applicant entitled to stieh transfer-if he finds that the transfer-will not advefsely
.,ffeet the p o,
health, safety, eonvenienee and gener-alwelfar-e of the publie, and the transferee possesses
t,... ing oper-atien .,t a 1.,e tie d.e. tI.— the 1.,e tie s ., .mit 0-.rd-.P-445
s-sr85)
Chief of Poliee, er-his > >
aeeempa-nied by
a ehange of loeation fee in a sum set by r-esolution of the City
zza�e-sr�
r-enewed on a yeaf to year-basis py-ovided that the pefmittees eentintie to fneet thee
tow unit o .,tef s1,.,11 be sot by -esol„tio of the City(''.,tine;1 (2799_W85) `
5.66��v 25 iowinia s-en4ee Pefmit aen;a1 Appeal. if the Chief 6f PoliE', following
in.estigation of the applieant, finds that the applieant does not meet the fequir-ements set
mail of stteh denial. Any appliea-nt whe is denied a pefmit by the Chief ef PE)!.,--may
(2789 W85)
designee,based on evidenee that any pr-ovision of this ehapter-has been vielated, suspend of fe'velce
a pefmit. The pennittee shall be pr-evided with written notiee by first elass mail, postage
vithin fifteen (15) days ef the date ef mailing of the notiee of denial, sus.
r-eveeatien. In the event an appeal is timely filed, the sus.
take effeet until final deeision has been r-endefed by the City Administr-atef, of his
iion of the pefied for- filing appeals. (IJFg.Ord.2445 7-180,2789 9185)
b
ounds for- suspension e
> issued under-the r-ovisions of this > if any permittee,
his
> > > general manager-,
auther-ity of or-en behalf of the pefmittee ka-,.
jmp/towing/mc566 2001/6/26/01 9
(a) Knowingly fnaEle any false, misleading or- ffaudulent statement of a material
fn,.t . an r,1: nt; For-a e :t, o ,�l anyrt o required
to he filed
;Ivith the PA-lire DepaFt.r,e.,t•
!h\ Ali lnte,d n pr-evf'this ehnr.ter or- f any stet„te relating t his pe ..,ritte,d i3tE�$f
!,.\ Be eenvieted of n fela theft
el n eft e _embezzlement; e
e
(d) Committed ,.t n ,.tit„tir T ,dishoe f;dishonesty r -n d• of„ �
(e) Committed any unlawful, false, {.•n,..-l..lont, rlanontiye of dnnrtcre„c_nn_twhile
,,ducting n towing operation business;
!fl Published, uttered disseminated any f:, nl ,de ntic ,.lending
,, e e re� o or-
statements o n,dyert;sen e..ts in eenneetio . ,ith the operation
!,.\ Violated n F le o r-eg„lntio n,d nte,d by the f.t5,GounatLrelnt,n,i_to
pefmittee1 "
s business or-
!h\ W llfi,lly failed t eemr.l. iwith the tofms of nany ntrnnt Made as a nrt of the
exercise of the tewinn o rnt, „,•'
!:\ !`,-n d,,,.te,d the towi,,,, rnt; ,,, mayffief e-ontr-af-y t then henitl,
e> >
Operated a tow unit without a valid California driver's lieense, or-when
(k) The pefmittee, his agents or- employees, obtained a tow eentr-aet by use e
(1) The pefmittee, his agents or-employees, stopped and soli.eited on a-fly Stfeet,
disabled vehielewithout first being r-equested to do see) ef efnefgefiey
aid when the.- exists a.. ifftminent per-il to life or-pr-epef4j,; e
than listed as the business address ef stieh pef:mittee without fifst feeei
authorization to do so by the per-son auther-izing the tow; of
(n) The pefmittee, his agents or- employees, after-towing a vehiele to the business
1 ratio o ..er.,,;ttee. ,;tho t o„th ri.,nt ,,., t&we,d s ,.h vehicle t n then
jmp/towing/mc566 2001/6/26/01 10
( ) The nerp,;ttee his agents or- ple,wees ha,we n fired with any person to
def;•a ,d anyowner-of a eh;ale or- eempany, or an),other person.
finaneially iffltew--ested— in-the eharges for-towing or- storage of a vehiele, by making
frcrscvracccp `vcaiu l@nts T'2lating to such towing or-st9r-ag2--, of
> employees,
E61prior-t6 f ns.l; e and per-son, asrest t of s_ ah s.11;
s i er-cdeath of in}u>-y;—sfthe dr-iver f an involved ,.
ll;s nd d t f an„ t„re• there ;
Ee ", ` e�t�e i�fl�tei3ce-o��n-g-eo��or-�--n����s
a ;donee that eh ,wehiele , invelved in a hit and r ll;s; n•
> his employees,ents or- has b
per-fefmed, equipment net employedused, >
ef
has ethe materially misstated the at„ of n rfefined_of
C !! 280 Appeal proned„m
(a) The City Adp„n;str-ater, o his designee, shall sshed„le a hearing to he_held
with;,-, fifteen (1 C) days after the filing of the notice of anneal
(h) Net:ae efthe date, time l of the h andnaee te earing shall be mailed, postage
prepaid, a least lt t (1 0) daysprior-thereto to the :tte at the addresr�_�cien ,o b
the .mot; f appeal, er-;f tionen is provided, to the address et forth inn_thee�erry:t
(a) The City A dministfat , or- designee, ;n his sole d;saretion, may b ant
de nt;n s; .n d' ele stays f pending orders o£den;al, sttspe
nt; ,n• and r~ appoint outside Hearing Off eery
(d) The City A d,-,,;n;str-atef�designeGe, shall Qetefmine, after eansider-ation 0
issued,all evidenee presented, whether-a pefmit should be >
final.suspended
or-r-evoked. The deei.sien of the City Administr-ater-, er-his designee, shall be
(e) The City administrator hall establish , r;tten adm n;stratiye rennlat;�ns
(2789-9i85)
5.66.290 Appeal Herne following rules f evidence shallap
1„•
(a) Or-al ey4Qenee shall enly under-Bathor-affifmation. The Henr n
Officer-shaluri-have auth0ircyt6administer--eathsand t6Tccciye-and Full on
admissibility of e,w;defiee
(h) Each party shall have the right to Ball and examine witnesses, te_introd„ne
exhibits, 1 and t nw e witnesses he have testified tinder-direet
examination. The Hearing Off;ser may call and e „Witness.
jmp/towing/mc566 2001/6/26/01 11
(e) Teehnieal Fules r-elating to evidenee and witnesses shall not apply to hearings
previded f herein. An),.-eleyant e ,;denee ,be admitted if it ; material and is
Hear-say testimony may be used fer-the pur-pose of supplementing or-explainin
any evidenee given in dir-eet examination, but shall not be suffieient in itself to
suppeft a finding unless sueh testimonywould be admissible ever-objeeti
or-are hereafter-peftnitted in eivil aetions; and > >
and
repetitious testimony shall be exelud (2789 W85)
5.66.300 New avolioation after-denial or-r-eveeation. When the peftnit of an),
fevoked or-denied fef eatise, no new or-other-applieation for-a pefm Ae na t.h-1 q--Arm.e
per-son shall be aeeepted within one (1) year- after- sueh r-eveeation ef denial unles
sueh p ,-mit n i., n.a 2445_7180 2799 9/85)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be
guilty of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of
not more than five hundred dollars ($500) or by imprisonment in the county jail for a
period not to exceed six (6) months, or by both such fine and imprisonment, and each
such person shall be guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this chapter is committed,
continued, or permitted. (urg.Ord.2445-7/80,2789-9/85)
jmp/towing/mc566 2001/6/26/01 12
ATTACHMENT 3
RESOLUTION NO. 2001-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE FOR
POLICE DIRECTED TOWING SERVICES AND GARAGE IMPOUNDS
WHEREAS, Huntington Beach Municipal Code Section 5.66.170 authorizes the City to
establish maximum charges for police-directed towing services and garage impounds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the maximum charge for police-directed towing services and garage impounds as
set forth in Exhibit "A" attached hereto and by this reference made a part hereof; and
BE IT FURTHER RESOLVED that the fees and amendments set out in Resolution No.
5159 as amended, relating to the maximum charges for police directed towing services and
garage impound services shall be deleted.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of August , 2001.
N4M 14u4xonL
yor
ATTEST:
APPROVED AS TO FORM:
City Clerk ob-27-of `
City Attorney J�
REV D ND AP ROVED:
INI ED AND APP ED.
G�
Cif_
i Administrator
61 olice Chief
j mp/k/resol u t i on/towfee2/7/2 7/01
Res. No. 2001-52
EXHIBIT A
Basic Tow Service (standard sling or wheel lift truck) $90.00
Medium Duty or Flatbed Request $105.00
Heavy Duty (3) Axle or larger $150.00
Two Ton $120.00
Dolly $38.00
Rollover minimum $38.00
Drop Linkage $30.00
Clean-up fee $35.00
Hazmat fee, per 5 gallon bucket $75.00
Winching per hour $100.00
Vehicle Storage
Vehicles Outside - per day $25.00
Vehicles Inside - per day $30.00
Motorcycles Outside - per day $15.00
Motorcycles Inside - per day $20.00
Truck or Motorhomes (larger than 20') $30.00 minumum
Vehicles stored as Evidence - outside $13.00
Vehicles stored as Evidence - inside $18.00
Motorcycles as Evidence stored - outside $8.00
Motorcycles as Evidence stored - inside $10.00
After hours release
5:00 p.m. - Midnight; $40.00
Midnight - 8:00 a.m. $55.00
Minimum Service Call or Drop Fee $45.00
ALL OF THE ABOVE RATES ARE DOUBLED IF THE TOW
OPERATOR HAS TO WORK IN WATER ABOVE THE KNEES
jmp/k/resoluuon%to%%,fee2%6i7i01
Res. No. 2001-52
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 20th
day of August, 2001 by the following vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff
NOES: Boardman, Cook, Bauer
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #4
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 1
CITY OF HUNTINGTON BEACH
POLICE DEPARTMENT
REQUEST FOR QUALIFICATIONS
for
Police-Directed'bowing and Storage Services
,20
PROPOSAL SUBMITTALS: Responses to the Request for Qualifications (RFQ) are to be
submitted to:
Mr. (insert name)
Police Department
City of Huntington Beach
City Hall `
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on ,20_. copies of the proposal shall be submitted
in a sealed envelope and marked: "Proposal for Towing & Storage Services". Proposals
received after the specified time will not be accepted and will be returned
unopened. Questions regarding this request may be addressed to at
714/ or at 714/
INDEX
SECTION PAGE
I. Introduction
II. Schedule of Events
III. Scope of Work
IV. Proposal Requirements
V. General Requirements
VI. Tow Operator Evaluation & Selection Process
I. INTRODUCTION
The City of Huntington Beach Police Department, is requesting proposals from qualified Tow
Operators for towing and storage services in connection with vehicles which have been
determined to be a public nuisance pursuant to Chapter 10.08 of the Huntington Beach
Municipal Code, or which are in violation of statutes and ordinances relating to parking,
traffic, and law enforcement. The City intends to select up to three qualified Tow Operators.
1
j mp/towing/propsl/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 2
II. SCHEDULE OF EVENTS
12001 Issuance of Request for Qualifications
12001 Proposals due at City Hall by 4:00 P.M.
, 2001 Execution of Tow Operator Agreement(s)
III. SCOPE OF WORK
Although the City in its RFQ attempted to identify the limits and services required, this
should not constrain the Tow Operator in the development of a scope they believe is necessary
to meet the City's objectives. The City will be receptive to innovative or alternative scopes of
services.
Services to be provided by the Tow Operator shall include:
A. Tow Operator shall tow police vehicles without charge.
B. Tow Operator shall not bill the City a fee in excess of$35.00 for any clean-up request
resulting from a traffic collision where there is not a tow, unless otherwise approved.
C. Tow operator shall maintain its storage yard a"designated public garage" with 24-hour
access pursuant to California Vehicle Code Section 22658.
D. Tow operator shall respond within twenty minutes to a request for service from the
HBPD.
E. Tow Operator shall change rates, fees and charges as set by resolution of the City
Council. (See Attached Exhibit A.)
IV. PROPOSAL REQUIREMENTS
Although no specific format is required by the City, this section is intended to provide
guidelines to the Tow Operator regarding features which the City will look for and expect to be
included in the proposal.
1. Content & Format
The City requests that proposals submitted be organized and presented in a neat and
logical format and be relevant to these services. Tow Operator's proposals shall be
clear, accurate, and comprehensive. Excessive or irrelevant material will not be
favorably received.
Proposals shall contain no more than 20 typed pages using a 10 point minimum font
size, including transmittal/offer letter and resumes of key people, but excluding
Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these
restrictions is to minimize the costs of proposal preparation and to ensure that the
response to the RFQ is fully relevant to the project.
The proposal should include the following:
• Transmittal/offer letter.
• Page numbering.
• Index/Table of Contents.
• Approach to the Scope of Work.
• Descriptions of similar agreements with other entities.
• Brief resumes of key staff.
2
j mphowmg/propsl/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 3
• Description of minimum Qualifications and Experience as described below.
2. Scope of Services
A description of the services to be provided shall be included in this section. It should
explain the approach, methodology, and specific tasks and activities that will be
performed to address the specific issues and work items identified in the RFQ. It
should also include a discussion of constraints, problems, and issues that should be
anticipated during the contract, and suggestions for approaches to resolving them.
3. Minimum Experience and Qualifications
A. Previous towing and storage experience with at least two entities, private or
public. Experience with the City of Huntington Beach may be included.
B. A minimum of 10 years experience in providing towing and storage service.
C. Maintenance of tow storage yard which meets the following conditions:
(1)capable of storing up to 200 vehicles at one time and complying with all City
Codes, including indoor vehicle storage space sufficient to
accommodate a minimum of three vehicles;
(2)located within the City of Huntington Beach City limits;
(3)includes an office on-site;
(4)provides 24-hour access; and
(5)meets all zoning, building and fire codes.`
D. Maintenance of 6 tow vehicles, including 2 flat bed, 3 wheel lift and 1
tow vehicle with a GV-"of at least 14,000 lbs.
E. Demonstrated ability to respond within 20 minutes of request by the City.
F. Permits and Licenses as required by state and/or City, including zoning, fire,
and building.
4. Statement of Qualifications
The information requested in this section should describe the qualifications of the Tow
A. Should Tow Operator meet or exceed all lot requirements,Tow Operator shall be permitted to
commence services under the 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,or does not meet all of the lot requirements,Tow Operator shall be
permitted to commence services under this Agreement upon execution;however,Tow Operator will be
required to comply with all applicable lot requirements within eighteen(18)months of execution of the
Agreement,pursuant to the terms of the Agreement.
C.Should Tow Operator establish evidence of an ownership or leasehold interest in a parcel which is capable
of use as a lot which meets all the zoning and lot requirements,Tow Operator may not commence services
under the Agreement unless and until all zoning and lot requirements are met, which must occur within
eighteen(18)months of execution of the Agreement,pursuant to the terms of the Agreement.
3
j mp/towi n g/propsl/08/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 4
Operator in performing similar services to other public entities within the past five
years to demonstrate competence to perform these services. The services listed should
be those that the key staff service to the City of Huntington Beach were responsible for
performing services. Information shall include:
• The name, date of birth, driver's license number, business and residence
addresses of the applicant, if a natural person; or if a corporation, its name,
date and place of incorporation, address of its principal place of business,
and the names of its principal officers, together with their respective
residence addresses; or if a partnership, association or unincorporated
company, the names of the partners, or of the persons comprising such
association or company, and the business and residence of each partner or
person;
• A description of each tow truck or other vehicle proposed to be used by the
applicant, vehicle identification number, and state vehicle license number
thereon;
• The names, dates of birth, addresses and drivers'license numbers of all tow
truck operators employed by the applicant;
• The business, occupation, or employment history of the applicant for three
(3) years immediately preceding the date of the application, including if
applicable, the business license and permit history while operating as a tow
service;
• All criminal convictions or proceedings in which a plea of guilty or nolo
contendere was entered, including vehicle code violations.
• Names of key staff that participated in providing said services and their specific
responsibilities.
• The public entity's name, contact person, addresses, and telephone numbers.
• A brief description of type and extent of services provided.
• Service dates (estimated, if not yet completed).
There should be included in the section brief resumes of key personnel who will
provide these services demonstrating their qualifications and experience. Resumes
should highlight education, experience, licenses, relevant experience, and specific
responsibilities for services described.
V. GENERAL REQUIREMENTS
1. Insurance Requirements
The Tow Operator shall furnish with the proposal proof of the following
minimum insurance coverage. These minimum levels of coverage are required to
be maintained for the duration of the Agreement:
A. General Liability Coverage - $1,000,000 per occurrence for bodily injury and
property damage. If Commercial General Liability Insurance or other form
with a general limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
4
j mphowing/propsl/0G/08/01
CITY OF HUNTINGTON BEACH
Poke Directed Towing&Storage Services RFQ
July,2001
Page 5
B. Worker's Compensation Coverage : State statutory limits.
C. Automobile Liability Insurance - One Million Dollars ($1,000,000) combined
single limit coverage, per occurrence, covering all vehicles used by Tow
Operator
D. "On-Hook" Liability Insurance - One-Hundred Thousand Dollars
($100,000).
E. Garage Keeper's Liability Insurance - Two-Hundred Thousand Dollars
($200,000) combined single limit coverage.
Deductibles, Self-Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications, must be declared to and approved by the
City of Huntington Beach.
A sample certificate is included as Attachment B.
The Tow Operator is encouraged to contact its insurance carriers during the
proposal stage to ensure that the insurance requirements can be met if selected for
negotiation of a contract agreement.
2. Letter of Credit
The Tow Operator shall furnish a letter of credit in the amount of$50,000 in a form
acceptable to the City Attorney's Office concurrently with the effective date of the
Agreement.
3. Standard Form of Agreement
The Tow Operator will enter into an agreement with the City based upon the contents
of the RFQ and the Tow Operator's proposal. The City's standard form of agreement is
included as Attachment C. The Tow Operator shall carefully review the
agreement, especially in regards to the indemnity and insurance provisions,
and include with the proposal a description of any exceptions requested to
the standard contract. If there are no exceptions, a statement to that effect
shall be included in the proposal.
4.. Disclaimer
This RFQ does not commit the City to award a contract, or to pay any costs incurred in
the preparation of the proposal. The City reserves the right to extend the due date for
the proposal, to accept or reject any or all proposals received as a result of this request,
to negotiate with any qualified Tow Operator, or to cancel this RFQ in part or in its
entirety. The City may require the selected Tow Operator to participate in
negotiations and to submit such technical, fee, or other revisions of their proposals as
may result from negotiations.
5
j mp/towin8/propsl/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 6
5. Assigned Representatives
The City will assign a responsible representative to administer the contract, and to
assist the Tow Operator in obtaining information. The Tow Operator also shall assign
a responsible representative and an alternate, who shall be identified in the proposal.
The Tow Operator's representative will remain in responsible charge of the Tow
Operator's duties. If the Tow Operator's primary representative should be unable to
continue with the in that position, then the alternate representative identified in the
proposal shall do so. Any substitution of representatives or subconsultants identified
in the proposal shall first be approved in writing by the City's representative. The City
reserves the right to review and approve/disapprove all key staff and subconsultant
substitution or removal, and may consider such changes not approved to be a breach of
contract.
VI. TOW OPERATOR EVALUATION & SELECTION PROCESS
The following criteria will be used in evaluating the Tow Operator's proposals using a point
value system (100 points) based on the weighting indicated below.
1. Grasp of the service requirements including identification of critical elements and
key issues. (10 points)
2. Technical approach and work plan for the services, including innovative
approaches. (20 points)
3. Qualifications and experience of the project manager, other key individuals, and
subconsultants. (50 points)
4. Results of reference checks. (10 points) Reference checks will only be conducted.for
a short list of firms or the top rated firm.
5. Clarity of proposal. (5 points)
6. Compliance with proposal requirements including the 20 page limitation. (5 points)
The City may elect to interview a short list of qualified applicants or to interview only the top
rated applicants based on the proposals submitted for the project.
The City staff will negotiate a contract with the best qualified firm(s) for the desired services.
Should the City staff be unable to negotiate a satisfactory contract with the firm considered to
be the most qualified, negotiations with that firm shall be formally terminated. Negotiations
will then be undertaken with the next most qualified firm. Failing accord with the second
most qualified firm, the City staff will terminate negotiations and continue the negotiation
process with the next most qualified firms in order of their evaluation ranking until an
agreement is reached and a firm(s) is selected and an agreement(s) is executed.
ATTACHMENTS
Attachment A Resolution establishing rates for Police Directed Towing & Storage
Services
Attachment B Sample City Contract
Attachment C Sample Insurance Certificates
Attachment D Non-Collusion Affidavit
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ATTAC H M E N T #5
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AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FOR
POLICE DIRECTED TOWING AND STORAGE SERVICES
THIS POLICE DIRECTED TOWING AND STORAGE AGREEMENT
("Agreement") is made and entered into this day of , 2001, by and between the
CITY OF HUNTINGTON BEACH , a municipal corporation (hereinafter "City" ), and
a (hereinafter "Tow Operator"),
located at
WHEREAS, the City requires, from time to time, towing and storage services in
connection with vehicles which have been determined to be a public nuisance pursuant
to Chapter 10.08 of the Huntington Beach Municipal Code, or which are in violation of
statutes and ordinances relating to parking, traffic, and law enforcement; and
Tow Operator represents that it has the managerial and operating personnel and
the facilities and equipment necessary to provide the required vehicle towing and
storage services to the City on the terms and conditions herein after set forth.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions herein contained, the parties agree as follows:
1. 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
Such services shall be performed in a prompt, efficient, and orderly
manner following notification by the City's representative, or by any other
authorized officer or employee of the City.
2. DUTIES OF TOW OPERATOR
A. Shall respond to the location requested by the City within twenty (20)
minutes of receipt of a call from City. If Tow Operator is not able to
respond within the aforementioned response time, it shall notify the City
immediately advising the City of the expected time of arrival (ETA). If the
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ETA is unacceptable to the City, the City reserves the right to contact an
alternate towing Tow Operator to provide the service.
B. Provide deployment of trucks for special events such as DUI check points,
street fair and/or parades as requested periodically. Tow Operator shall
have the capability with pre-approved subcontractors (pursuant to Section
25 herein), to tow up to 100 vehicles in a five (5) hour period for said
special events. Such events will be coordinated with the Tow Operator at
least 24 hours in advance. The City reserves the right to assign all
contract tow services to a "special event" if required by the size of the
event and number of vehicles to be towed.
C. Shall not perform any work or services upon any impounded
vehicle without first obtaining the owner's written consent to such
work or services. Parts or accessories shall not be removed from
any vehicle without authorization except as necessary for security
purposes. Under such circumstances, the parts or accessories
removed shall be listed on the itemized statement and stored in the
business office. This Section shall not be construed as prohibiting
permittees from making emergency alterations necessary to permit
the removal by towing of such vehicle.
D. Shall not solicit or receive any contracts or purchase orders for repairs on
an impounded vehicle from an owner until the vehicle has been released
by the Chief of Police, or his designee.
E. Shall safeguard all vehicles and other property placed in its possession
pursuant to the Agreement. The indemnification set forth in this
Agreement shall be applicable to all claims or demands attributable to or
arising out of Tow Operator's possession, control and handling of such
vehicles and property.
F. Shall not bill the City a fee in excess of the rate established by resolution
of the City Council for any clean up request resulting from a traffic collision
where there is no tow service required, unless otherwise approved.
G. Shall maintain a "Designated Public Garage" with 24 hour access for
acceptance of tows for storage pursuant to California Vehicle Code
Section 22658. Tow Operator may charge a reasonable gate fee for
vehicle drop-off between 5:00 p.m. and 8:00 a.m. Tow Operator shall pay
non-consensual tow operator for tow service within two (2) business days
of receipt of tow.
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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. 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 Chief of
Police, or his designee.
4. Shall not remove any vehicle from the storage facilities without
written authorization from an authorized officer or employee of the
City with the exception of private impounds.
5. Be available to accept vehicles 24 hours a day, 7 days a week, 365
days a year, towed pursuant to California Vehicle Code Section
22658.
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B. Tow Operator's Office must:
1. Be posted with a sign listing the rates and charges of all towing and
storage services offered. Such sign shall be conspicuously placed
in the office or other places where customer financial transactions
take place.
2. Be located within the City of Huntington Beach City limits, with a
sign posted including the company name, address, phone number
and hours of operation, to 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 15, 2002.
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B. Submittal of all requisite permits and appropriate fees to the City's
Building Department no later than August 15, 2003.
C. Issuance of a certificate of occupancy and completion of a final inspection
no later than February 15, 2004.
Failure to submit the requisite evidence as defined above will constitute a breach of
contract subject to termination pursuant to Section 11 of this Agreement. The Chief of
Police may authorize a reasonable extension based on a demonstration of good faith
by the Tow Operator.
6. RELEASE OF IMPOUNDED VEHICLES.
A. Tow Operator shall release impounded vehicles only upon presentation of
an official Police Department Release signed by an authorized officer or
employee of the City's Police Department or upon verbal approval by an
authorized officer or employee of the City's Police Department.
B. Tow Operator shall ensure that vehicles are available for release from
impound and storage 24 hours a day, 7 days a week, 365 days a year.
Tow Operator must clearly mark its storage facility with a telephone
number to call if release is requested after normal working hours. Normal
working hours shall be from 0800 hours to 1700 hours, Monday through
Friday, with the only exception being on Officially recognized holidays.
C. Tow Operator shall advise the Records Bureau of the Police Department
of all vehicles impounded by the Police Department and not released after
thirty (30) days after the conclusion of the tow rotation. Tow Operator
shall identify such vehicles by year, make, model, color, license and
vehicle identification number, and shall comply with Section 10652 of the
Vehicle Code by notifying the California Highway Patrol, Sacramento,
California, by receipt mail.
D. If Tow Operator fails to give the notice referred to in Section 10652 of the
Vehicle Code, the indemnification provisions of this Agreement shall apply
to all claims, demands or suits against the City attributable to or arising
out of such failure.
E. Tow Operator will, at the request of the City, release any vehicle from
storage and/or impound at no cost to the registered owner, unless such
liability or responsibility has been acknowledged by the Chief of Police, or
unless such liability or responsibility is imposed by law.
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7. TOW OPERATOR'S EQUIPMENT.
A. Tow Operator shall have available a minimum of six (6) tow trucks
permanently stationed in the City during the Tow Operator's rotation, and
drivers, 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.
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L. Tow Operator shall submit at any reasonable time to a Police Department
inspection of all drivers, vehicles, equipment and yards. Such an
inspection is required prior to the renewal of any contract.
8. CONTRACTOR'S PERSONNEL
A. All personnel must possess the proper State of California Driver's License
required to operate all vehicles and equipment required to be used in the
performance of the contract.
B. Prior to engaging the services of any driver, Tow Operator shall provide
such driver copies of all applicable provisions of the Vehicle Code relating
to vehicle towing and storage services. In addition, all personnel shall be
thoroughly trained in the proper and safe use of all equipment used in
doing the necessary work.
C. Tow Operator's business operations shall be conducted at all times in an
orderly, ethical and courteous manner, and Tow Operator shall use its
best efforts to secure and maintain the confidence of vehicle owners and --
operators. Any and all complaints filed with the Police Department, by a
vehicle owner, operator or other patron, against Tow Operator's business
operation or employee, shall be thoroughly investigated. At the
conclusion of the investigation a recommendation of action shall be
forwarded from the Chief of Police to the City Manager's Office for
approval by the City Council.
D. All towing services performed under this contract shall be at the direction
of the City representative at the scene.
E. All personnel shall wear uniforms which bear the name of the individual
and the towing company in a conspicuous place on the uniform.
F. All current and future personnel performing services for the City
under this contract, prior to commencing work for the City shall: (1)
be fingerprinted and photographed by the Huntington Beach Police;
and (2) submit the following information to the Huntington Beach
Police Department:
1. Name, date of birth, driver's license number, and residence
address;
2. The business, occupation, or employment history for three
(3) years immediately preceding the date of the application,
including permit history; and
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3. All criminal convictions or proceedings in which a plea of
guilty or nolo contendere was entered, including Vehicle
Code violations;
G. All personnel shall be fluent in the English language.
H. The Chief of Police, reserves the right to refuse personnel from
performing services under this Agreement if, in the reasonable
belief of the Chief of Police, the individual:
1. is unfit to be trusted with the privileges granted-by said
Agreement or has a bad moral character, intemperate habits
or a bad reputation for truth, honesty or integrity; or
2. is a person under the age of eighteen (18) years; or
3. has made a material misrepresentation in his application; or
4. has committed or aided or abetted in the commission of any
act, or act of omission, which if committed by a permittee --
would be grounds for suspension or revocation of a permit;
or
5. does not possess a valid California driver's license.
9. ROTATING SCHEDULE FOR SERVICE CALLS.
A. If, pursuant to other agreements, the City utilizes vehicle towing and
storage services in addition to those provided by Tow Operator, Cit� shall
use its best efforts to assign requests for towing services on the 15 and
last day of the month on a rotating schedule.
B. Tow Operator agrees to respond to the location specified in a call for
service within twenty (20) minutes after notification by the Police
Department.
C. If Tow Operator fails to arrive at the location specified in the call for
service within twenty (20) minutes, the Police Department will notify Tow
Operator of cancellation on that call for service. The next Tow Operator
on the rotating schedule will then be notified.
D. The City reserves the right to use any towing and storage services,
whether or not pursuant to prior agreement, in the event of any
emergency or calamity or when contracted services are unavailable for
any reason.
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10. TERM OF AGREEMENT.
The term of this Agreement shall commence on August 15, 2002, and shall
continue for a period not to exceed five (5) years with an option for five (5) additional
years upon the agreement of both the City and Tow Operator, or upon termination by
either party, whichever occurs first. Performance under this Agreement shall not
commence until the Tow Operator has obtained the City's approval of the insurance
and surety bond required by this Agreement.
11. BREACH OF AGREEMENT; GROUNDS FOR ASSESSMENT OF PENALTIES
AND AGREEMENT TERMINATION
A. The City reserves the right to terminate any Agreement or assess
damages or penalties against the Tow Operator in the event of a material
breach of any of the Agreement terms, or any material term of any
applicable federal , state or local statute or regulation, which breach is not
cured following written notice and a reasonable opportunity to cure.
Breaches which are grounds for termination include, but are not limited to:
1. If the Tow Operator practices, or attempts to practice, any fraud or
deceit upon the City.
2. If the Tow Operator becomes insolvent, unable or unwilling to pay
its debts, or upon listing of an order for relief in favor of Tow
Operator in a bankruptcy proceeding.
3. If the Tow Operator materially fails to meet the customer service
standards established in the Ordinance 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.
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12. PROCEDURE FOR ADJUDICATION OF BREACHES OF THE AGREEMENT:
A. Prior to imposing any sanction or penalty, including termination of the
Agreement upon the Tow Operator, the Chief of Police shall give the Tow
Operator notice of the breach and a reasonable period to correct it.
B. The Chief of Police shall establish a reasonable notice of cure period.
The notice to cure period shall be a minimum of thirty (30) days in all
cases (except in cases of emergency where a shorter time may be
prescribed consistent with the nature of the emergency). If the breach is
not timely cured, the Chief of Police shall cause to be-noticed a public
hearing before the City Council (or refer the matter to a hearing officer,
who shall make a recommendation to the City Council) on whether there
has been a material breach of the Agreement, and the appropriate
penalty.
13. HEARING PROCEDURE
A. A full evidentiary public hearing shall be held to determine if the Tow
Operator materially breached the Agreement, and what penalty shall be
imposed.
B. The evidentiary hearing shall be conducted upon a minimum of fourteen
(14) days written notice duly given to Tow Operator and published notice
provided to the public. Tow Operator may present relevant and
appropriate evidence, orally and in documented form. Based on the
evidence presented at the hearing, a written determination shall be made
whether the Agreement should be revoked or the Tow Operator should be
penalized. The hearing body may make any other determinations which
are reasonably related to the Agreement.
C. Should the hearing body find that there has been a material breach of the
Agreement, but that revocation is inappropriate, then it may assess and
levy monetary penalties against Tow Operator as set forth in this
Agreement.
D. Tow Operator shall receive written notice of any action taken following the
hearing.
E. Pursuant to Section 12 of this Agreement, the Chief of Police shall cause
the evidentiary hearing to be conducted by a hearing officer or the City
Council. If a hearing officer conducts the hearing, then the City Council
shall hold a subsequent public hearing to determine if the hearing officer's
recommendation should be affirmed, reversed or modified.
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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 Chief of Police, or his designee, shall be responsible for the administration
of this Agreement. The Chief of Police is authorized to issue to Tow Operator directives
concerning policies and procedures to be implemented in connection with the towing
and storage of vehicles. In the event of dispute between the parties as to the nature
and extent of the services to be performed hereunder, or the level and manner of
performance, the determination made by the City Administrator, or his designee, shall
be final and conclusive as between the parties.
Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by mail. The
representatives of the respective parties who are authorized to administer this
Agreement, and to whom formal notices, demands and communications shall be given
are as follows:
To CITY: To TOW OPERATOR:
Chief of Police
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
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If the name of the representative designated to receive the notices, demands or
communications, or the address of such person, is changed, written notice thereof shall
be given within five (5) working days of said change.
16. TRANSFER OF OWNERSHIP.
Tow Operator shall not sell or transfer any rights or obligations under this
Agreement without the written authorization of the Chief of Police, except the following
transferees or successors shall be entitled to such transfer of permit:
A. Duly qualified representatives of permittees regularly appointed by courts
of competent jurisdiction, assignees for the benefit of creditors, and
spouses or children of deceased permittees.
B. The surviving partner or partners of a dissolved partnership.
C. A new partnership consisting of the members of a predecessor
partnership, plus their spouse or spouses of any such members.
D. A new corporation, organized and controlled by an individual or
unincorporated permittee for the purpose of acquiring, or which has
acquired the assets of the business previously owned and operated by
such permittee.
E. Upon dissolution of a closely held corporation, the stockholders to whom
the assets are distributed.
17. INDEPENDENT TOW OPERATOR STATUS.
The parties agree that the performance of the Tow Operator's services
hereunder shall be in the capacity of an independent tow Operator, and that no officers,
agents, employees, or subtow operators of the Tow Operator have been, are or shall be
employees of the City by virtue of this Agreement. The Tow Operator shall so inform
each individual or entity which is hired, retained or engaged to perform any services
under this Agreement.
18. RATES, FEES AND CHARGES.
A. City shall have no responsibility or liability to Tow Operator for payment of
any costs, charges or expenses incurred by Tow Operator for towing or
storing any vehicles pursuant to the terms of this Agreement unless such
liability or responsibility has been acknowledged in writing by the Chief of
Police or his designee, or unless.such liability or responsibility is imposed
by law. Tow Operator shall have the right to salvage vehicles removed
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from private property pursuant to this Agreement, subject to compliance
with all applicable statutes and regulations.
B. The rates, fees and charges imposed by Tow Operator for towing or
storing any vehicles pursuant to the terms of this Agreement shall not
exceed those which are at any time approved by resolution of the City
Council of the City of Huntington Beach. Commencing on December 1,
2001, the fee established by resolution shall be adjusted on December 1st
of each year based upon the change in the Metropolitan Consumer Price
Index for the Los Angeles-Riverside-Orange County, CA area during the
preceding year. The Chief of Police shall then adjust-the fees set forth in
the resolution by such percentage change. The adjusted fee amount shall
be rounded to the next highest dollar, and this amount shall constitute the
fee authorized by Huntington Beach Municipal Code Chapter 5.66.
Should the Consumer Price Index be revised or discontinued, the Chief of
Police shall use the revised or a comparable index as approved by the
City Council.
C. Rates, fees and charges shall be posted in a conspicuous location at Tow
Operator's place of business and may be collected by Tow. Operator from
a vehicle owner or property owner at the time he or she desires to effect
the release of the vehicle from Tow Operator's storage facilities.
D. Should there be any dispute between the Tow Operator and a vehicle
owner or property owner over rates, fees and charges imposed for
services rendered under this Agreement, such dispute shall be decided by
the City Administrator, or his duly authorized representative, and the Tow
Operator shall make no demands upon the vehicle owner or property
owner for a sum in excess of the amount determined to be reasonable by
the City Administrator, or his authorized representative. The City
Administrator or his representative may hold an administrative hearing if
any party to the dispute so requests.
E. Tow Operator shall furnish to the person authorizing the towing
service, or his agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle
and the charges made therefor upon the request of:
1. The registered owner; or
2. The legal owner; or
3. The insurance carrier of either (a) or (b); or
4. The duly authorized agent of any of the foregoing.
The permittee shall furnish a copy of such statement to any
person authorized to receive the same without demanding
payment as a condition precedent.
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19. LETTER OF CREDIT
A. The Tow Operator shall establish a case deposit or letter of credit in favor
of the City in the sum of$50,000.00 and in the form approved by the City
Attorney. The letter of credit shall serve as security for the faithful
performance by Tow Operator of all the provisions and obligations of the
Agreement.
B. If within thirty (30) days following receipt of written notice from the City of
Two Operator's failure to pay City an amount owing under this Agreement,
Tow Operator has not paid such amount as is due and owing to City, the
letter of credit may be assessed by the City upon five (5) days prior written
notice to the Tow Operator indicating the intention of the City to draw
upon the letter of credit, the amount to be drawn and the reason therefor.
The City may assess the letter of credit for purposes including, but not
limited to:
1. Reimbursement of costs borne by City to correct violations not
corrected by Tow Operator, after due notice and opportunity to
cure.
2. Monetary remedies or damages assessed against Tow Operator
due to breach of the Agreement after due and opportunity to cure.
C. Tow Operator shall deposit a sum of money sufficient to restore the letter
of credit to the original amount within thirty (30) days after notice from City
that an amount has been withdrawn from the letter of credit, specifying the
date and amount of the withdrawal.
20. ALTERNATIVE REMEDIES.
Remedies provided for in this Agreement are cumulative and in addition to other
rights the City may have at law or equity or under this Agreement, which it may exercise
at any time. In no event shall the amount of any bond or letter of credit be construed to
limit Tow Operator's liability for damages.
21. REGULATION.
Tow Operator shall comply with all state statutes and local ordinances, shall
make all reports required by the Vehicle Code of the State of California, and shall follow
all reasonable rules and regulations which the Chief of Police of the City may from time
to time prescribe governing the conduct of Tow Operator's operations under this
Agreement.
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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 subscriber of its
complaint procedures.
C. Tow Operator shall respond within two business days to complaints made
or referred by City.
24. WORKER'S COMPENSATION INSURANCE.
Pursuant to California Labor Code Section 1861, Tow Operator acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be
insured against liability for workers compensation; Tow Operator covenants that it will
comply with such provisions prior to commencing performance of the work hereunder.
15
g:j mphowi n g/agreemen d 1015100
SAMPLE
Tow Operator shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
policy limit.
Tow Operator shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. Tow Operator shall
furnish to City a certificate of waiver of subrogation under the terms of the workers
compensation insurance and Tow Operator shall similarly require all subcontractors to
waive subrogation.
25. INSURANCE.
In addition to the workers compensation insurance and Tow Operator's covenant
to indemnify City, Tow Operator shall obtain and furnish to City:
A. A policy of general public liability insurance, including motor vehicle
coverage covering the services. Said policy shall indemnify Tow
Operator, its officers, agents and employees, while acting within the scope
of their duties, against any and all claims of arising out of or in connection
with the services, and shall provide coverage in not less than the following
amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual
liability, of$1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name City, its
officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the
services shall be deemed excess coverage and that Tow Operator's
insurance shall be primary.
B. Automobile liability insurance covering all vehicles used by Tow Operator
to fulfill there herein Agreement, with minimum limits of liability of One
Million Dollars ($1,000,000) combined single limit coverage against any
injury, death, loss or damage due to wrongful or negligent acts or
omissions by the Tow Operator and/or his employee and/or subtow
operators.
C. "On-Hook" liability insurance with minimum limits of twenty-five Thousand
Dollars ($25,000)/Fifty-Thousand Dollars ($50,000)/One-Hundred
Thousand Dollars ($100,000).
D. Garage keeper's liability insurance with minimum limits of Two Hundred
Thousand Dollars ($200,000) combined single limit coverage.
16
g Jmp/towing/agreement/1015100
SAMPLE
All insurance required hereunder shall be issued by a company rated "A" or
better in Best's Key Rating Guide and authorized to transact business in the State of
California as an admitted surety insurer.
26. CERTIFICATE OF INSURANCE.
Prior to commencing performance of the work hereunder, Tow Operator shall
furnish to City certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and
shall state that the policy is currently in force and shall promise to provide that such
policies will not be canceled or modified without thirty (30) days prior written notice to
City. Tow Operator shall maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by Tow Operator under this
Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. Tow Operator shall pay, in a prompt
and timely manner, the premiums on all insurance herein above required.
27. FAILURE TO PROVIDE INSURANCE.
The City may, without prior notice, immediately suspend or terminate this
Agreement if, at any time, the Tow Operator fails to provide or maintain the insurance
required hereunder.
28. INCREASE IN COVERAGE.
Nothing contained in this Section shall be deemed to preclude the City, after
consultation with other law enforcement agencies, from requiring Tow Operator to
increase the amounts of insurance coverage specified herein, or to obtain and maintain
other types of insurance coverage, in order to protect the interests of the City and its
vehicle owners and operators. Tow Operator shall comply with such new or additional
requirements within a reasonable time after receipt of City's written request.
29. INDEMNIFICATION.
Tow Operator shall protect, defend, indemnify and hold harmless City, its
officers, officials, employees and agents from and against any and all liability, loss,
damage, expenses, costs (including without limitation, costs and fees of litigation of
every nature) arising out of or in connection with Tow Operator's performance of its
services under this Agreement, or its failure to comply with any of its obligations
contained in this Agreement by Tow Operator, its officers, agents or employees, except
17
-J mphowi ng/agreemend 1015100
SAMPLE
such loss or damage which was caused by the sole negligence or willful misconduct of
the City.
30. SUBCONTRACTING, DELEGATION AND ASSIGNMENT.
A. Tow Operator shall not delegate, or assign its duties or rights hereunder,
either in whole or in part, without the prior written consent of the Chief of
Police. Failure to receive prior approval shall be grounds for immediate
cancellation of the herein Agreement at the option of the City Council.
B. Tow Operator may use subcontractors only after receiving written
approval from the City.
C. Any authorized assignment, delegation or subcontract shall be made in
the name of the Tow Operator and shall not bind or purport to bind the
City and shall not release the Tow Operator from any obligation under this
Agreement.
31. COMPLIANCE WITH STATE LAW.
A. Tow Operator shall comply with Sections 22523, 22524, 22669, 22670,
22671, and 22850 through 22856 of the Vehicle Code which relate to the
removal, storage and disposition of abandoned vehicles and liens of
garage keepers.
B. Tow Operator shall keep fully informed of and comply with all City,
County, State and Federal laws, ordinances and/or regulations which are
applicable to the Tow Operator and/or those engaged or employed by the
Tow Operator in doing the services to be provided by Tow Operator
pursuant to the herein agreement, including but not limited to the handling
of vehicles, lien sales with outstanding parking penalties, owner
notifications, removal, storage and disposition of abandoned vehicles, etc.
C. Tow Operator shall obtain and maintain all permits and licenses, pay all
charges and fees, and give all notices required by city ordinances or other
laws relating to the performance of the herein Agreement.
32. NON-DISCRIMINATION.
A. In the performance of this Agreement, Tow Operator shall not discriminate
against any member of the public, employee, subtow Operator, or
applicant for employment because of race, color, religion, ancestry, sex,
national origin, handicap or age. Tow Operator will take affirmative action
to ensure that members of the public are served, subtow operators and
applicants are employed, and that employees are treated during
18
g:j mphowi n g/agreemen t/1015100
SAMPLE
employment without regard to their race, color, religion, ancestry, sex,
national origin or age.
B. The provisions of paragraph A above shall be included in all solicitations
or advertisements placed by or on behalf of Tow Operator for personnel to
perform any services under this Agreement. City shall have access to all
documents, data and records of Tow Operator and its subtow operators
for purposes of determining compliance with the fair employment and
non-discrimination provisions of this Section.
33. PERMITS AND LICENSES.
Tow Operator shall obtain and maintain during the term of this Agreement all
necessary licenses, permits and certificates required by law for the conduct of Tow
Operator's activities and for the provision of services hereunder, including a business
license issued by the City.
34. ADVERTISING.
Contractor shall not display or use any signs, advertising materials, logos, etc.,
which indicate that the Contractor is an official towing service for the City of Huntington
Beach without written authorization of the City. A designation of "Official Police Tow" or
similar language is not acceptable without prior written consent.
35. CONFLICT OF INTEREST.
The parties agree that, to their knowledge, no member of the City Council, officer
or employee of the City has any interest, whether contractual, non-contractual, financial
or otherwise in this transaction, or in other business of the Tow Operator, and that if any
such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made in writing to the other party, even if such
interest would not be considered a conflict of interest under applicable laws. Tow .
Operator covenants that it has, at the time of execution of this Agreement, no_interest,
and that it shall not acquire any interest in the future, direct or indirect, which would
conflict in any manner with the performance of services required hereunder. Tow
Operator further covenants that, in the performance of the services hereunder, no
person having any such interest shall be engaged or employed.
36. RESOLUTION OF DISPUTES.
A. Disputes regarding the interpretation of application of any provisions of
this Agreement shall, to the extent reasonably feasible, be resolved
through good faith negotiations between parties.
B. Disputes regarding the precipitating cause for any removal, seizure or
impound of a vehicle directed by the Police Department shall, to the
19
g:j mp/towin g/agreemen t/l 015100
SAMPLE
extent feasible, be resolved by the Police Department Station Commander
pursuant to Division 11, Chapter 10 of the Vehicle Code commencing with
Section 22650 thereof; provided, however that this procedure shall not
apply to removal of vehicles pursuant to Sections 22660 through 22668,
inclusive, and Sections 22655, 22658, or 22710 of the Vehicle Code. The
dispute shall be referred to the attention of the Police Department Station
Commander by the aggrieved party within ten (10) days after the disputed
removal, seizure or impound. A hearing shall be conducted by an
authorized member of the City's Police Department within forty-eight (48)
hours. Tow Operator shall abide by the decision rendered.
37. AGREEMENT NON-EXCLUSIVE.
The City reserves the right to contract for towing and storage with more than one
Tow Operator.
38. AMENDMENTS.
This Agreement supersedes all prior proposals, agreements and understandings
between the parties and may not be modified or terminated orally, and no modification,
termination or attempted waiver of any of the provisions hereof shall be binding unless
in writing and signed by the party against whom the same is sought to be enforced.
REST OF PAGE NOT USED
20
g:j mp/towing/agreement/l 0/5/00
SAMPLE
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.
TOW OPERATOR: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice President Mayor
AND ATTEST:
By: _
City Clerk
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst. APPROVED AS TO F RM:
Secretary-Treasurer
REVIEWED AND APPROVED: �4r, kity Attorney
INIT TED ,ANND APP VED:
City Administrator
.z
Chief of P Ice
21
g:j mp/towing/agreement/10/5/00
RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE
SUBJECT: Adopt Ordinance Modifying Permitting Requirements and
Increasing Rates of Police-Directed Towing Services
COUNCIL MEETING DATE: August 20, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial I Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORM RDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Space . Only)
RCA Author: jmp
Wr
® MetroPro Road Services,Inc.
AW
957 West 17th Street
:;t~i'",ED Costa Mesa, California 92627
CITY CLERK
CITY OF 949-642-4930
HUNTINGT0N BEACH, CA Fax 949-642-1025
August 15, 2001 2001 AUG 16 P 1= 33
RE0EIVE ®
Mayor Pam Julien Houchen AUG 15 2001
Councilmember Ralph Bauer
Councilmember Connie Boardman
Councilmember Debbie Cook
Councilmember Shirley Dettloff
Councilmember Dave Garofalo
Councilmember Peter Green
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: POLICE-DIRECTED TOWING ORDINANCE
Dear Honorable Mayor and City Councilmembers:
During the City Council Study Session on August 6`h, several important matters were
discussed regarding the Police-Directed Towing Ordinance scheduled for the August 201h
City Council Meeting Agenda. As an Official Police Tow company for the City of
Huntington Beach since the 1950's, MetroPro/Huntington Auto Sen ice respectfully
requests that City Council consider the following:
• Minimum Vehicle Storage Capacity of 150 Vehicles
The Police Department and City Staff objectively recommended a minimum storage
requirement of 150 vehicles. This is in line with the current lot size requirement and
more than adequately serves the Police Department's storage needs as it has for the
past few decades. Our records indicate a maximum one-tune storage requirement.of
106 vehicles and an average storage requirement of 70 vehicles for the past year,
which clearly supports the Police Department and City Staffs original
recommendation. Additionally, there has been no significant increase in the vehicle
storage needs of the Police Department,nor has there ever been a lack of available
storage by the Police towers. Therefore,the Subcommittee's recommendation to
increase the minimum storage capacity seems capricious and arbitrary.
During his presentation, Chief Lowenbefg indicated his desire to "grandfather" the
legal non-conforming storage lots of the existing tow contractors. We urge City
Council to approve Staffs original recommendation for a minimum storage capacity
of 150 vehicles. This will ensure that the proposal process remains competitive while
appropriately addressing the storage needs of our Police Department.
r3
A
P�
r
Honorable Mayor and City Councilmembers
August 15, 2001
Page 2
• Storage Lots Located Within Cily Limits
We concur with the comments of Mandic Motors and Best Towing on the negative.
impact in allowing a storage facility to be located outside of Huntington Beach City
limits. Concerns such as public inconvenience,police officers travelling outside our
City for vehicle investigations, control, and jurisdiction issues were clearly voiced.
Most cities in Orange County contract with tow services located within their City
boundaries, especially those cities with a significant tow volume such as Huntington
Beach.
We are not aware of any City that contracts with tow services both inside and outside
of city limits. Police contractors for Newport Beach and Tustin are all located outside
city limits as these cities lack the strong industrial base to economically justify a
storage facility. Huntington Beach has several existing storage facilities and available
property within the City, providing an opportunity to bypass the challenges of having
a tow contractor located outside our City limits. Consequently, we request that City
Council disallow an, storage torag_e facility located outside of Huntington Beach City1 .
• Off-Site Office
We ask that City Council support Staffs recommendation allowing for an off-site
office located within a reasonable distance of the storage facili!3.. This requirement
appropriately serves the public's convenience while respecting the City's intentions of
qualifying the legal non-conforming facilities of the existing contractors.
MetroPro/Huntington Auto Service considers it a privilege to provide service for the City
of Huntington Beach. We strive to the highest level of service quality and enjoy the
healthy competition that exists between the City's current tow contractors. We urge the
City to maintain this competitive environment within the Police-Directed Towing
Ordinance, as this competition provides the foundation for the City to achieve the best
possible service quality.
Thank you for you time and consideration.
Sincerely,
METROPRO/HUNTINGTON AUTO SERVICE
Jody Campbell
I�
( 1
J
lby0.ion
CITY CLERK'S ORIGINAL
CITY OF HUNTINGTON BEACH 61 �
MEETING DATE: Au ' G
ust 20 2001 DEPARTMENT ID NUMB M
CA 00-1
9 � 2
Council/Agency Meeting Held: ob-0)
De erred/Continued to:
❑ A proved ❑ 4 ditionally Approved Cl Uied
N( � 2nmuS 'OO M "tity Clerk's Sig ure
C'e�Hell eet g Date: fi ' L �h s epartment ID Number: CA 00-12
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
�L
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 4
RAY SILVER, City Administrator 4W, o~�
SUBMITTED BY: GAIL HUTTON, City Attorney;� -
GAIL HUTTON, City Attorney to y �� 101 _
PREPARED BY. RON LOWENBERG, Chief of Police pi
1" ) n o n
SUBJECT: Adopt Ordinance Modifying Permitting Requirements and Increasing
Rates of Police-Directed Towing Services
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: 1. Should the City delete permitting requirements for police directed
tow services and enter into contracts with police-directed tow operators via a request for
qualification process?
2. Should the City increase the allowable rates to be charged by police-directed tow
services?
Funding Source: None.
Recommended Action at August 20, 2001 City Council meeting:
1. Adopt Ordinance No. amending Huntington Beach Municipal Code 5.66
removing permitting requirements for non-consensual towing services.
2. Adopt Resolution No. establishing a City fee schedule for police directed
towing services and garage impounds.
3. Authorize staff to initiate the police-directed tow service selection process using the
attached Request for Qualifications and sample agreement._
01-towing2 7/31/01 4:48 PM
J]
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: CA 00-12
Alternative Action(s): 1. Do not adopt Ordinance No.
2. Do not adopt Resolution No.
3. Do not authorize staff to initiate the selection process
4. Modify office/storage indoor facility location requirement to allow
off-site office/indoor storage facility within 1.5 miles with tow
operator-provided shuttle services.
5. Decrease minimum vehicle storage requirement to 150 from
200 vehicles.
Analysis: Police-directed towing is any tow authorized by a law enforcement official,
such as an illegally parked vehicle. Consensual towing is a tow which is authorized by the
owner of the vehicle, such as a AAA tow. On the other hand, non-consensual towing
(sometimes known as "private party impounds") is any tow initiated by a person other than
the owner of the vehicle or a law enforcement official. For example, the property owner can
have an abandoned vehicle towed from a parking garage, or an apartment complex where a
non-resident has parked in resident-only parking. A non -consensual tow must be reported
to the Police Department to ensure that the vehicle owner may contact the police department
to ascertain the location of the vehicle and prevent the investigation of the tow as a stolen
vehicle. Currently, the City only regulates police-directed and non-consensual tow services.
This Request for Council Action relates solely to police-directed tow services. (Previously,
the City Council adopted HBMC §5.67 and the related rate resolution regulating non-
consensual tows.)
The Police Department and City Attorney's office have worked extensively on the creation
and implementation of a new process for the selection and regulation of police-directed
towing services. Currently, police-directed tow services are authorized to operate via permits
issued by the Police Department. However, it has become increasingly more difficult to
ensure that the police-directed tow operators are providing the customer service expected as
an extension of the Police Department and the City. Moreover, the history of the police-
directed tow rotation system does not support the consideration of alternative tow operators
to ensure the best service providers follow the same standards for lot requirements,
equipment minimums and provide similar services.
The highlights of the new police-directed tow service agreement process are:
1. Tow service operators will be selected through a request for qualifications
procedure. No more than three (3) operators will be selected. Tow Operators will work on a
rotating basis. If selected, the rotating three operators will be 15 days on, 30 days off.
2. Only operators with a lot which currently complies with the contract requirements or
evidence of a lot which can be brought into compliance with the Agreement within 18 months
will be permitted to apply. The Chief of Police is authorized to grant a reasonable extension
of the 18 month deadline based on the good faith efforts of Tow Operator.
01-towing2 r3- 7/31/01 4:48 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: CA 00-12
3. Operators must maintain a storage lot within five miles of City Hall with the capacity
to store 200 vehicles and an office on the lot;
4. The operator's storage lot must comply with all applicable City code requirements,
including fire, building and zoning;
5. All legal non-conforming storage lots must comply with all other applicable codes
and requirements of the Agreement;
6. Operators must respond to a call from the Police Department within 20 minutes or
less;
7. Operators must maintain equipment minimums;
8. Operators must be responsible to the Police Department/City for complaints;
9. Operator's storage lot will be designated as a public garage for the purposes of non-
consensual tows pursuant to the California Vehicle Code.
The City Council Subcommittee on Police-Directed Tow Services reviewed the proposed
ordinances, resolutions, request for qualifications and sample agreement at its meeting of
June 5, 2001. The Committee recommended approval of all items recommended by Staff
with the following modifications which have been incorporated into the documents attached:
COMMITTEE
ISSUE RECOMMENDATION STAFF RECOMMENDATION
1. Minimum Storage Capacity *200 Vehicles (57,600 sq. ft. of 150 Vehicles (43,200 sq. ft. of
storage) storage)
2. Office Location On-site office and storage On-site or off-site within 500
facility feet with shuttle service
3. Equipment location Six tow vehicles permanently Six tow vehicles available
stored in City during rotation
*The Committee considered and rejected using a minimum square footage requirement rather than a vehicle
storage minimum.
The Committee deferred consideration of a modification to the term of the agreement. Staff
recommendation is a five year term with a five year extension if agreed upon by the City and
Tow Operator. The Tow Operator' requested a longer term to amortize their investment.
Staff feels the City should request new proposals after ten years to ensure the highest quality
of service to the citizen. The Committee considered two additional five-year extensions for a
total contract term of twenty years but deferred the matter for'full City Council consideration.
01-towing2 7131/01 4:48 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: CA 00-12
Subsequent to the sub-committee meeting, a request was received by staff to reconsider the
lot within the City-limit requirement. This request was based on existing zoning restrictions
which prohibit the placement of an auto storage facility within 660 feet of a residential zone.
After staff review of the issue, staff is recommending the City-limit restriction be modified to
allow a tow storage facility to be located within five miles of City Hall. A memorandum
prepared by the City Attorney's office on this issue is attached for your information.
Existing Police-Directed Tow Services
The police-directed tow operator permits of Mandic Motors and Best Towing expired early
May 2001.' The permit for Huntington Auto does not expire until August 9, 2002. The Police
Department has continued to use the three permitted tow operators to provide services.
Pursuant to the attached ordinance, the existing tow operators will continue to provide
service until the date the new agreements become effective, August 15, 2002.
Environmental Status: NA
Attachment(s):
NumberCity Clerk's
Page . Description
1. Memorandum from City Attorney to Mayor and City Council dated July
30, 2001
2. Ordinance amending HBMC §5.66 regulating police directed towing
services.
3. Legislative Draft of 5.66.
4. Resolution establishing rates for police directed towing.
5. Request for Qualifications.
6. Sample Tow Agreement.
RCA Author: McGrath
' Mandic Motors' permit expired 5/4/01; Best Towing's permit expired 5/1/01
01-towing2 ,6 7/31/01 4:48 PM
ATTACHMENT 1
Ljke)
VIA CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: HONORABLE MAYOR PAM JULIEN HOUCHEN AND
MEMBERS OF THE CITY COUNCIL
FROM: GAIL HUTTON, City Attorney
DATE: July 30, 2001
SUBJECT: Distance Requirements for Proposed Police Directed Tow Ordinance
The proposed police-directed tow ordinance is scheduled for City Council consideration at its
meeting of August 6, 2001. At its meeting of June 16, 2001, the City Council Towing Sub-
Committee made certain recommendations regarding office location and storage lot requirements
which have been incorporated into the agenda item for Council consideration.
During the meeting, another issue arose regarding zoning restrictions of auto storage facilities.
Specifically, the Huntington Beach Zoning and Subdivision Ordinance Chapter 212.04 permits
vehicle storage in the industrial zone if the site is not located within 660 feet of a residential
district.
The distance restriction, established in 1994, caused both the Mandic Motors and Huntington
Auto Storage facilities to become legal non-conforming uses which cannot be expanded without
a conditional use permit (HBMC Chapter 236.06). Moreover, a tow operator currently located
outside the City has indicated that there are no available sites within the City that meet the
distance restriction. The distance restriction represents a balancing of interests between
residential and industrial uses. There are noise and aesthetic concerns best addressed by the
distance restriction. Any modification to the distance restriction risks significant impacts on
adjacent residential use. ,
POLICY OBSERVATIONS BY STAFF:
Police, Planning and City Attorney staff met to consider possible alternatives to resolve the issue.
Clearly, it is in the City's best interest to have meaningful competition and a rational basis to
support the tow storage facility requirements. Precluding competition based solely on City
boundaries does not directly improve customer service. Redefining the storage facility location
to be based on proximity to City Hall rather than the City boundary line seems to be a more
reasonable approach toward the stated purpose of customer service. All vehicle owners must
receive the release of their vehicles from the Police Department prior to retrieval of their vehicle
Page 2
Mayor Julien Houchen and Members of City Council
Re: Distance Requirements for Proposed Police-Directed Tow Ordinance
from the tow facility. If the tow storage facility is within a reasonable distance of the Police
Department regardless of the City boundary line, then the customer's needs are being satisfied.
In conclusion, permitting a police-directed storage facility to be located within five miles of City
Hall will improve competition without impeding customer service. In addition, it will be
unnecessary to modify the 660-foot residential buffer.
A,C�
GAIL HUTTON,
City Attorney
/j mp
c: Ray Silver, City Administrator
Bill Workman, Asst. City Administrator
Howard Zelefsky, Planning Director
Ron Lowenberg, Police Chief
jmp/tow/council memo 6-25-Ol/7/30/01
ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.66 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 5.66.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual police-directed vehicle tow service which is directed by the
Huntington Beach Police Department whether established before or after the effective date
hereof.
SECTION 2. Section 5.66.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.020 Towing peration defined.
(a) As used in this Chapter, "towing operation" means the activity of towing and storing
of vehicles, and the performance of other services incident thereto, for compensation
within the city of Huntington Beach which is directed by the Huntington Beach Police
Department without the consent of owner(s) of the vehicle at the direction of the
Huntington Beach Police Department. Such towing shall include:
(1) Any official police impound garage and towing service, as designated the City
Council or its designee.
(2) Any police directed tow, including but not limited to any tow from the scene
of an accident, arrest, or issuance of a citation;
(b) The provisions of this Chapter shall not apply to any towing operation:
(1) That provides tow service exclusively to members of an association,
automobile club or similar organization, and receives remuneration only from the
sponsoring association, automobile club or similar organization;
(2) That provides tow service without charge or fee for other vehicles owned or
operated by the individual or organization furnishing tow service;
(3) That provides tow service for other vehicles owned or operated by the
individual or organization furnishing the tow service, but which are being
operated under terms of a rent or lease agreement or contract, and such towing is
01 ord/5-66 tow/7/27/01 1
performed on a nonprofit basis or said fee is a part of the rent or lease agreement
or contract;
(4) That provides exclusively consensual, nonemergency towing assignments
which include towing of vehicles that have been involved in a collision, but have
been removed from the scene; that have experienced mechanical failure, but have
been removed from the roadway and no longer constitute a hazard; or that, being
mechanically operative, are towed for convenience. All nonemergency towing
assignments require authorization from the registered owner, legal owner, driver,
or other person in control of such vehicle, and/or
(5) That provides tow service without the implied or express consent or
knowledge of the owner(s) of the vehicle which is not directed by the Huntington
Beach Police Department, including but not limited to towing initiated pursuant to
California Vehicle Code Section 22658(a)[illegal parking on private property] and
Section 22953(b)[illegal parking within 15 feet of a fire hydrant, in a fire lane, or
in a stall designated for disabled person parking] and any similar or successor
statutes.
SECTION 3. Section 5.66.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.030 Agreement required. No person shall engage in, manage, conduct or operate a towing
operation as an official police impound garage and towing service or perform a police-directed
tow unless said person is either employed by or under an agreement with the City to provide said
services. The City Council shall approve any such agreement or amendment thereto.
SECTION 4. Section 5.66.035 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.035 Agreement - Terms and Conditions. The City shall select the persons or business(es)
that provide police impound garages and towing service pursuant to an open bidding procedure.
The selection procedure and standards shall provide at a minimum that:
a. No more than three persons or businesses entities shall be awarded agreements.
b. 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.
C. The Tow Operator shall be required to respond to the location specified in a call for
service within twenty(20) minutes after notification at least 95% of the time.
d. The Tow Operator shall maintain a tow storage yard within five miles of City of
Huntington Beach City Hall.
01 ord/5-66 tow/7/27/01 2
e. Tow Operator shall meet all insurance requirements as established by Resolution of the
City Council, in addition to insurance requirements as set forth in the Agreement.
f. The Agreement will be for a term of no more than five years subject to an option for five
additional years.
SECTION 5. Section 5.66.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.170 Rates and charges--Sims--Change of.
(a) Rates and charges for all tows and vehicle storage shall be established by Resolution
of the City Council of the City of Huntington Beach. Written notice of proposed changes
shall be mailed to the affected tow services a minimum of forty-five (45) days prior to the
date set for City Council approval by the Chief of Police or his designee.
(b) No tow or storage fee charged shall be higher than the fees authorized by Resolution
of the City Council.
SECTION 6. The following sections of Chapter 5.66 have been deleted in their entirety:
5.66.040 Application for towing operation permit--Fee
5.66.050 Denial of towing operation permit
5.66.060 Tow unit operators--Permit required
5.66.070 Tow unit operators--Identification card
5.66.080 Application for tow unit operator permit--Fee
5.66.090 Denial of tow unit operator permit
5.66.100 Insurance required
5.66.110 Business location
5.66.120 Towing authorization
5.66.140 Itemized statement--When required
5.66.150 Vehicle repair or alteration--When permitted
5.66.160 Release of vehicle
5.66.170 Rates and charges--Signs--Change of
5.66.180 Permits--Nontransferable
5.66.190 Change of ownership
5.66.200 Change of ownership--Application fee
5.66.210 Change of ownership--Action on
5.66.220 Permit for each location required
5.66.230 Change of location
5.66.240 Permit renewal
5.66.250 Towing service--Permit denial--Appeal
5.66.260 Permit suspension and revocation
5.66.270 Suspension or revocation--Grounds for
5.66.280 Appeal procedure
01 ord/5-66 tow/7/27/01 3
5.66.290 Appeal--Hearing
5.66.300 New application after denial or revocation
SECTION 7. The Police Department shall continue to employ the Tow Operators
validly permitted to provide police-directed tow services prior to May 1, 2001, until August 15,
2002, on the same terms and conditions of service as effective on May 1, 2001.
SECTION 8. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2001.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
- 'City Attorney
REVIEWED AND APPROVED: .t13�1y
INITIATED AND APP VED:
City Ad inistrator l c
Chief of Po ce
01 ord/5-66 tow/7/27/01 4
ATTACHMENT 3
Ordinance No.
LEGISLATIVE DRAFT
Chapter 5.66
POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
(Urg.Ord.2445-7/80,2789-9/85,3269-1/95,3330-6/96,3395-8/98,3481-1/01)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Towing operation--Permit required
5.66.040 Applieatien fete g-e er !FmitFee
5.66�ew unit ep��aters ident fieatio ear-a
5.66..n�pplieatien fer-**mo t ever ter 3efmit--Fee
c 66 1 1 n Business 1. e_;Iti_A
5.66.140 itemized statement When fequir-ed
5.66 1 cn Vehiele iteration When tted
c 66 16n Release of yehiele
5.66.170 Rates and charges--Signs--Change of
c 66 220 Permit fe o eh i eati
c 66 2 4n no,.m tr-ene�vg
5.66.�0App2al Hear-ing
5.66.310 Violation--Penalty
jmp/towmg/mc566 2001/6/26/01 1
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual police-directed vehicle tow service which is
directed by the Huntington Beach Police Department whether established before or after
the effective date hereof. (Urg.Ord.2445-7/80,2789-9/85,3330-6/96,3481-1/01)
5.66.020 Towingooperation defined.
(a) As used in this eChapter, "towing operation" means the activity of towing and
storing of vehicles, and the performance of other services incident thereto, for
compensation within the city of Huntington Beach which is directed by the
Huntington Beach Police Department without the consent of owner(s) of the
vehicle at the direction of the Huntington Beach Police
Department. Such towing shall include: (3330-6/96,3481-1/01)
(1) Any official police impound garage and towing service, as designated
by r-eselutie the City Council or its designee. (3330-6/96)
(2) Any police directed tow, including but not limited to any tow from the
scene of an accident, arrest, or issuance of a citation; (3330-6/96,3481-1/01)
(b) The provisions of this eChapter shall not apply to any towing operation: (3330-
6/96,3481-1/01)
(1) That provides tow service exclusively to members of an association,
automobile club or similar organization, and receives remuneration only
from the sponsoring association, automobile club or similar organization;
(3330-6/96)
(2) That provides tow service without charge or fee for other vehicles
owned or operated by the individual or organization furnishing tow
service;(3330-6/96)
(3) That provides tow service for other vehicles owned or operated-by the
individual or organization furnishing the tow service, but which are being
.operated under terms of a rent or lease agreement or contract, and such
towing is performed on a nonprofit basis or said fee is a part of the rent or
lease agreement or contract;(3330-6/96)
(4) That provides exclusively consensual, nonemergency towing
assignments which include towing of vehicles that have been involved in a
collision, but have been removed from the scene; that have experienced
mechanical failure, but have been removed from the roadway and no
longer constitute a hazard; or that, being mechanically operative, are
towed for convenience. All nonemergency towing assignments require
authorization from the registered owner, legal owner, driver, or other
jmphowing/mc566 2001/6/26/01 2
person in control of such vehicle, and/or (Urg.Ord.2445-7/80,2789-9/85,3330-6/96,
3481-01)
(5) That provides tow service without the implied or express consent or
knowledge of the owner(s) of the vehicle which is not directed by the
Huntington Beach Police Department, including but not limited to towing
initiated pursuant to California Vehicle Code Section 22658(a)[illegal
parking on private property] and Section 22953(b)[illegal parking within
15 feet of a fire hydrant, in a fire lane, or in a stall designated for disabled
person parking] and any similar or thtiF successor statutes. (3481-1/01)
5.66.030 Towing operation Pegn4 Agreement required. No person shall engage in,
manage, conduct or operate a towing operation as an official police impound
garage and towing service or perform a police-directed tow unless said
person is either employed by or under an agreement with the City to
provide said services. The City Council shall approve any such
agreement or amendment thereto. ,ithet t -i tt f-H....t f em the Chic E)
Di-01i6e. (Urg.Ord.2445-7/80,2789-9/85)
5.66.035 Agreement - Terms and Conditions. The City shall select the
persons or business(es) that provide police impound garage and towing
services pursuant to an open bidding procedure. The selection
procedure and standards shall provide at a minimum that:
a. No more than three persons or businesses entities shall be
awarded agreements.
b. 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.
C. The Tow Operator shall be required to respond to the location
specified in a call for service within twenty (20) minutes after
notification at least 95% of the time.
d. The Tow Operator shall maintain a tow storage yard within five
miles of City of Huntington Beach City Hall.
e. Tow Operator shall meet all insurance requirements as
established by Resolution of the City Council, in addition to
insurance requirements as set forth in the Agreement.
j mp/towi ng/=566 2001/7/27/01 3
f. The Agreement will be for a term of no more than five years
subject to an option for five additional years.
an pefmit shall be filed with the Chief ef Pehee en fafms ftifnished by him, shall
Ill. eel by a fee set by resolution of the City!'at ne;l,and shall eentn;nfellewin the
b
C-`FT The-Hx'1ine, date rvscrrQir`r'crstrccn"e ,•, business-and-reside
izcc
.,.lfl 1' t 'f., '� ;ts a.,te
u�ics3c�-v�-�2�cc�pzi`•ca�r�-lrzr-rnc�Hi-�-�2�A"r�rirE6i�36�$�36", �,
and plaee of inee per-atioxa--awes of inei al puce efbusif3ess, and
b
, ,
the names of
e 8 naftne,•o f the «. h ., .,tirl the
� (. a „� � ,e en of eamp n„� n
!h\ A .lese,•:nti.,.-, f eaeh tow t,ueker-ether-„eh;ele n epesed to be used by-the
appliearit, egether-withenii2 r'ehiele-identi eatienirc'rmber-and state `
,eh;,.le l;..ense number-the,•een;
,
(e) The names, dates E)f bit4h, addresses and dr-iver-s' lieefise numbefs of all tow
l.11 The h„r:tiess,nes� p tief er- .,l ,,.ne„t L,;st„., ,f the annl;eant fn, th,00 !21
bthe date of the applieatien, b if applieable,
the business lieense and ----4
b ,
!el Aller-iminal eanvietiensor-pr-eeee.-l;ngs ; ,.h;..h plea f g,,;lt„ Role
„ten e fe . entered, ' el„rl;ng„eh;ele ...,.le violations;
Lfl Stieh ather;.lent;fie tion .,n,-1 :,,f:,,-,Y,.,tien r n.,hl.,necessaf„for-the (''h;ef oeatise f
b ,
jmphowing/mc566 2001/6/26/01 4
(a) The applieant is unfit to be tf:usted with the pr-ivilegges ganted by sueh
,
er has a bad moral ehar-a-,-,, ...temperate habits E)r-a bad reputation f6r- ,
honesty er-
(h) The a nl;sant_has net nemnleted all neft;ens e f the a nlieat;en
(a) The applicant ;s a_nersen under-the a of eighteen (1 Q) <
be n;
(d) The a nl;sant has made a material .., ntat;en ;n the a nl;sat;en•
,
CeTT=e app eant, his agent 91-employee, per-sen eanneeted-er-as1seeiated
g, but net limited , health, b,
fife and safiet-y
and sta-ndafd-s-.
5.66 060 Tow unit opefatars P-e.-..t �
Pe1YeC
(h)Ale person shall he ale ed as a to tini;t e ate nt;l eh t;,, as said-
per-son has feeeived a f tten n .-m t f-.-e the Chief eFDel;ae to aat a a tew unit
eper-atAf
b
e erat e I Of a tow unit shall EaFFy oft his per-son at all times .use efigage d,an
eafd shall beaf the name, physieal deser-iption, business address, and phetegaph ef the
and address f � 1 the tree
Pe3��te2�and ireri7r�l. �-ur��e3��pmTn�crr��cri7ri�cccc.
The ;rlentifie t;, eard_shall_be ret<, erl to the Del; e De a.•t.n nt immediately upen
eper-ater-pefmit shall be filed with the Chief ef Police en feFms fumished by him, shall be
y a fee, F th�(`e>>ne;l, d hall tarn the
aE e� 2E`-Se�-� �S6.1-l�ti6�ci-v^r�_•��_�_ �"_���� �„--vu:zc-r:—uixQ-:murrE6irccrrrrcrn.
Fs11e,,,,nn in.r at,en-
jmp/towing/mc566 2001/6/26/01 5
tom} , ,late f bit the a l: number -��the
��iinirc�Accvr-vzrcrr-crcrPcz�-rr�e�l�
nafne and address of his efnple),er-;
(h\ The business,ess .,t ,,, .,1,,.,.nef t h;steFy of the „lieaf,t for-th ee (3)
CVJ Slue UUJ111�+J , n , �
)
)
.,te„dere. entered, ineludifig,.,eh.nle ea de violations;
e f Pol;ne to out the .. en of tL.; nha.te.
VAS Val\.le lV b.T.lr�,
5.66.090 Denial of tow unit eve—te.
e)=1 it. The Chief$f P$liee, er-his-deli--Tree
investigationeause an applieant,
and the applieatien fef a pefmit may be denied On.
any .f'the f lle,llr;r,e, ,, e,,,.,els•
b bf
(a) The applicant is tififit to be tf:ustedwith the privileges
5anted sueh )
)
(h) The an„l; .,t , a per-sen „rle,-the agge of oeighteen (1 Q) .
(n) The_appl:n....t has .,.-.aa-le a material ,-.t.t;. .. his ,-.heat;.,,.•e �
(el) The at,nliea t has f e,te.e mpleteel all pe„-t;e,,,s of the a „l;nat:e,,,
(el The a pl:na.,t has n ..,;tteea e, aided e, abetted ;,-, then of'any ant
��.J rla�. uYraa�.ullc rru ,
nt of,emission, ..h.nh if ee,-,,,,.tte.l by n r,-.,.ttee . „lrl be g ,,d f,r
v -uc-1 vl vuarJJ , ` e
b
(fl The applicant does not possess a valid Cal;femia el,-;.,eJs l;ne.,se, (2799-w86
5.66.100 Insura„eer-equir-ed. uefer-e a .linage,,, fer- a .,a:t to ope,-ate a te,.,,:„e,
business in this stat-, ill ... I....ttffi ametints estab li shed by feselutien of the City
,
and a e yed as to fi,r:v, by the City n tt.,f„e.
5.66.110 Business legation. Any per-sen eendueting a to I..on shall maintain
pr-evide`an effiFe with an adjaE2nt yafd for-vehicle scoralle, a e!1 by the Chef-e-f
Peiiee,er-his deSr,,-.e , b issued.
c 66 120 Te, rg a ,th a+:e . A peffn;tte shalt of attaetoeh:nle t a te, un
;t
,;thout_f.rst feceiving ,-:tter,_a„the„-;aat;e,,, to etc, se, by the r stereea e,wfief, le-al
jmp/towing/mc566 2001/6/26/01 6
iees aff�r-ed and the rates and owner-, dr-iver-, or-other-per-son in eentr-el of said vehiele. Sueh auther-ization shall list the
shall be furnished to the per-sen b the , and shall list the Rafne,
telephene number-of the address and
eper-ation business and the days and hours the bUSI.*fl,__S_s IS
Elden fee-release of vehieles �e shall also be signed by the to t
r �aa a v as �vr� J11411 41JV VV J1b11VU V}' Lllt LV
F minb-the-aacrxvrrccd seFvIce. ,
agent,
an itemized statement ef sen,tees
narferme including labor- n s 1 + a ' te. the l,' 1 a tt,
t,.,aa.,...a.,.a, . .ab . .,. L41... Jt,:crccrec�uip^rircir«e�-iFrcvw'•iir� cn��errrcr�—rzricr-cne
nl,nYgen .,.-le the e tl,e nt A -
ehar- 4UV C11VSV .
(a) The Y isteYe e� .a Y; e
(b) The legal
Y, e
(e) The ; of either- (a) eY (1,\• e,
`VJ 111V 111J 41411VV V411IVY ,
agent(d) The duly auther-ized b'
the [ ttl,e„t demanding r „t Yt lttt l, M e leY t
C11V J4111V tvY 1L11V 4L e ,
.5 b
efed
ewner7 legal ) ent ef eithef (a) )
bent ef E)f the b
effeuffistanees7
the paFts ef aeeessefies r-efneved shall be listed en the itemized statement
and ster-ed in the business effiee�s seetien shall net be eenstfued as pr-6Iqibi6*g
b b
of sil 1, .,el,;ele
5.66 0 Release-e€vehiele. A tew eper-atten pefmitte shall ae-for-release
i
vehieles Menday tIffeugh Fri r-efn-9 a� to 5 p.m., exclydinge€ei l ly r-eeegniFed
• (3395 &98)
Poke,Upen applieatien to the Chief of ef his designee, and a shewing
pe...—Ree, an adjustment in the days and heufs ef hardship by the
may be fnade.
5.66.170 Rates and charges--Sims--Change of.
(a) Rates and charges for all tows and vehicle storage shall be established by
rResolution of the City Council of the City of Huntington Beach. Written notice
of proposed changes shall be mailed to the affected tow services a minimum of
jmp/towing/mc566 2001/6/26/01 7
forty-five (45) days prior to the date set for City Council approval by the Chief of
Police or his designee. (3395-8/98)
(b) A to ape.-tie.. p -„-,;ttee shall post and maintain a list .file ate ehar- „rl
5
wher-e eustamer- finaneial tr-afisaetiens take p1me. Sueh list shall have letters a-
rr, of one (1) , eh high with - n.-te.o ah st.-eke ac bk b n ..f
EefitfaStiig e6I@F(3385-Mt)
(O(b) No tow or storage fee charged shall be higher than the fees authorized by
rResolution of the City Council. (3395-8/98)
pr-E)N'id ,
issued is sold E)f tr-a—fl.sfeffed to one of the transferees listed in this seetien, the Chief e
entitled to s ieh tra„sfer of perff,;t.
(a) Poly qualified „tat;, of pefmittees ej, 1n.-1,, appeinted 1„ eeuf4s f e6 2t risEietiAassignees or- efiefit of Ef2dters, and Sppettses of
eh;ldfe„ ef',leeeased r rff,;ttees
a
b ,-
pl„s their_spouse o spouses of'any n ,ah ..a mbe-s
new l.rVrUV
(d) A f atie ' ,',rga .l e af„1 f,tr-alle.a by a individual e
CI.Z J S 1
-ate.l r ...a..;ttee f the p of a,,,,,,;,,;,, , ,.h;ah has n erl the
ulrrrlc,vit..v.II«,u Y�llrrrccw a �� "
seta of'the business p sl„ o e.l an a ,-ate.l by s ,ah p rff„ttee
IIJJ�IJ VZ lllV VU
(el TTr.,-,., d ssel„tie of'., el sel„held a ratio the steekhell7e.-s to wh,..,a thy,
�c.� vYvll u1JJVlur �
assets are drat-ib to a
towing,within thii4y(30) days after-he assuffles eentr-el of the
apefatten. The Chi
„eeessar„ A fee equal, to 2 1 p „t ef'the foe for-the „ ,-.flit shall a
IrGG�iJJIIZ�. S 1 fee liliUUl CV rCJ IJVr original
jmp/towing/=566 2001/6/26/01 8
The Chief of Pol-iee hall t_a f th
z4E��e�en--rrxc�rrr crairrrcr�z�re—Frn-rrrc
to an annlie nt entitled t � eh r, f'f'6 finds that the r.ansfo,.. ,;ll net 7.. 1..
YY J"Vll C1 CCISJZ G+
.,ffeet the p o'
health,
eenvenienee and "Iener-al welfafe of the publie, and the transferee possesses
safety, b
the .,l;fie tions . ,-e f ,, ,;,,,1 ., .f r
G1Z\..G.1UU1111Gi UC1V11J 1G.�C.I" .J ,
tntxrina nnr µt}nn 1e, .,t; ethef than the 1 t' 'f rl the t
b Y a.L u .VVuaa v.. vL..v. L1.CL11 L11V 1V VUL1V 11 JrJl.liS11 C.G,.1 11I 1ZIG�GCSI']Tr'�{Q--n�--.2445-
7480,2799-o1r 1
5 6( 230 Ghanaa of l,. .,t;..., Wo eenflietexists with the r i b fe-gulations
ti h 11Ci1 tr 11
of other-
o f th; f 1 t; h .l .a 't b th
vrrJ-vrmr� Ee�2�-��?�`e-vrro ccccrozrTir%ry��cnQvrsecrvrru-prnzrrc-vy �m
Chief of Poliee, of 1--it's upen written applieatien b ,
a ehanaeof lee tinn fan + of h 1 t' f the (`'r !` 1
.. vaau.abv yr av vua.va. .vv .a. u Julll JVL V,' 1CiJV1UCIVIS ,
r-enewed on a year- to yeaf 'J p1 V' lGl basis ,;.1 t,l that the pefmi'rr e t' r t the
towing operation and fer- -a
tew unit operator-shall be set by feselutien of the City Getin l2789-9185)
• \�w7
5-66-250 Te nE� s-en,ie e P e»rt denial Appeal. Chief of PelrEe, following
investigation
forth i this ehapte he shall deny the 1' t' ,l t'f: the 1' t h ft'f ,l
-"-'-- ----- ----1'---� --_ ..-.».. .-�-..J ...� ut,Y..��......... ».... ....a.�J L...: L.r l....va.Llu by t:�l crizcu
mail of'r.ueh denial. Any .�1;..a t ...h ,l ,l t h the Chief fn l'
---`--- - `----- »YY---»--. ....v .v u�. u u r�.a.aaa vJ auk `..1�1 V1 Police S1SU}'
A
anprYealsueh denial t the City d 11JC1 pursuant to the p f this t, t
stf UtLol,
c 66 260 Pef f,;t o ,—id feveeatien. The fez of Pel'ee, efhis designee, fflay,
postagebased on evidenee that any pfevisien of this ehapter-has been violated, SttspeHd Of feVoke
a peffnit. The pefmittee shall be py-ovided with wfitten notiee by first elass mail,
mailingof sueh suss. efision er-fevaeatien. The pefmittee may file an appeal with the Git
C=Ief!E within fifteen (15) days of the date of
of the netiee of denial,
fevecatien. In the event an appeal is tifnely filed, the suspension of fever-Atien shall fiet
take effect lentil final deeision ,l been has .d by the City A.l t t t,'
VIi L. or
designee, unless
ee has fPquestedeentinuane as a a elsewhefe in this
L.lGtlll Lien V1 the rJ Cell appeals. ,
if any peffflittee, his
5.66.270 Suspension Gfeunds for, it shall be gfounds fer- suspension e
,l„eet... ldel, Gt,'�' ,-off ,ee 7 lGlli sterakhe .,l m nor' ef person heexe t.. a..
a4her-ity of of en behalf of the peffflittee has:
jmp/towinJmc566 2001/6/26/01 9
OI 10/9Z/9/IOOZ 99pw Suimol/dwf
t a
c
je
c Q
Q
c sju;Sus!qc
ae C
t t C c
rn G.=uvTnlrGrnr Tn .�jnnrrnrrnrn INN/ nrT Tj 1pn
.aV .r
G
t '
1 .
ae C Q
C G
G Q
{[
Sn t41T♦IITT n seulnn nn nn
.aV .11 1 .
.aV Tr nn nnaa.�rr tnrn Trnrndn TT� T I[e n r+Tr ou!innnn
.aov a
C c c t
.avn tr`nnrr rn CTnn p Iu! nj!jsueq n ,T p;jjr r iueE) (p)
.ra[a..f .IV rI{.To uvi,inT
:le
G
Tn tCiT.
c
G
(a) The pewee, his agents oremploy'ees, ha.I Eenspked with perron-te
finaneially intefested in the �' t tee 1, l0 b 1
�rizcrgeS-rvi--ce�l�iir��rscv-ru�c-e�-cc�oFcrriEr ,c-vy-z�ICmn "rnb
€,fie or--deeep�oLe.1-1-Mei3ts felatingto snEh-te'Alifigg of stefage;
agents(p) The pefmittee, his employees,
eellision pfief to alfotal e€peliEe, end-a pef son, as-a f estilt of stieh Ee11lisnefl-,
su€€efeddeath of injufy; of the dfivef of an involvedehiele,of a pai4y to-stiEn
Eelksion, was under-the influenee f n dfug, er- .,ts�Ei•e-ane€any nat�e; or- is
;,le„ee that stieh „el,:ale.was inveived in a hit and ,adn
,ll;a; .,,•
7
perfenneu, lrrc.t „et e ploye1 used, sequipment not e1e,
, o
has etb.ef se materially misstated the natufe of nany sen'tee ffe ed
�IrlS2d.
c 66 2Qn A.,.,eal „ e,l,,..e
!a\ The City A ttministy-atef, of his designee, shall sehed le n hearinn t be
within fiftee,-, f1 cl days after-the fling f'the etiee of appeal
(b) Notieeof the date, J shall be mailed, postage
n; l at lent te„ (1 n) aa„a tb e.et, to the .m;ttee at tb e n 1 1.e��
pf ep aau, at least teii �" HE
tb,e . mot; e f n.,,C.Jenl :f.none ; „A-A t. t1,e n d 1. met fn.tL the
the RetieV of appeal, ^ 7ess
S3ppli'eation.
(e) The Gity tYdministr-atef, e1-hdesignee, ifi his sale disefetien, m g a t e
deny 7 may disselve stays of pending er-defs of 7
suspension of
nation,; and m appoint outside Lien,-inn Off ee
7of his desigpee, shall detefmine,
all e ,i enee p „teal „b,etl,ef a fm;t should be issued, state.l suspended
(111 V'v l\.1V11�V1 V�l.l1 VJVf1CVt1, ' , '- ,
effeveked. he-deeislen-e tfatef, of his des'ig"e, shall be f;.,a1
(e) The City Administf ater-shall establish written administfative fegulatiol+s
implementing the pfevisiens of thiset•„ . (2789-945)
5.66.290 eal 7The felle "b Pales of evidenee shall pl
Off; shall have auther-ity to administef eaths,,-and to ,l ,- 1e
-TcEei�=er
admissibility of'eyi e„ee
right witnesses,
to ifitfedueee
exhibits, and to ` b
e3xa......atio The eaftEe H4a Eal.-Qi�� . "tix��r
jmp/towing/mc566 2001/6/26/01 1 1
supplementing,Hear-say testimeny may be used f4-the purpose ef
explaining
any evidenee given in dLeet exam—i"tien, but shall not be suffleient in itself te
suppet4 n_finding, unless a testim ,lrl be admissibleaver obj eti
eivil aetiens. The f:ules E)f pr-ivilege shall be applieable to the extent that they new,
7 7 )
rcPv*'tizcivus est,meny shall be o elud a (27-89 946)
9/85)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be
guilty of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of
not more than five hundred dollars ($500) or by imprisonment in the county jail for a
period not to exceed six (6) months, or by both such fine and imprisonment, and each
such person shall be guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this chapter is committed,
continued, or permitted. (urg.Ord.2445-7/80,2789-9/85)
jmp/towmg/mc566 2001/6/26/01 12
ATTAC H M E N T #4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE FOR
POLICE DIRECTED TOWING SERVICES AND GARAGE IMPOUNDS
WHEREAS, Huntington Beach Municipal Code Section 5.66.170 authorizes the City to
establish maximum charges for police-directed towing services and garage impounds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the maximum charge for police-directed towing services and garage impounds as
set forth in Exhibit "A" attached hereto and by this reference made a part hereof; and
BE IT FURTHER RESOLVED that the fees and amendments set out in Resolution No.
5159 as amended, relating to the maximum charges for police directed towing services and
garage impound services shall be deleted.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2001.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk `
�f City Attorney
REVIEWED AND APPROVED: � 13o�v�
INITIATED AND APPROVED:
City Administrator
Police Chief
j mp/k/resolution/towfee2/7/27/01
EXHIBIT A
Basic Tow Service (standard sling or wheel lift truck) $90.00
Medium Duty or Flatbed Request $105.00
Heavy Duty (3) Axle or larger $150.00
Two Ton $120.00
Dolly $38.00
Rollover minimum $38.00
Drop Linkage $30.00
Clean-up fee $35.00
Hazmat fee, per 5 gallon bucket $75.00
Winching per hour $100.00
Vehicle Storage
Vehicles Outside - per day $25.00
Vehicles Inside - per day $30.00
Motorcycles Outside - per day $15.00
Motorcycles Inside - per day $20.00
Truck or Motorhomes (larger than 20') $30.00 minumum
Vehicles stored as Evidence - outside $13.00
Vehicles stored as Evidence - inside $18.00
Motorcycles as Evidence stored - outside $8.00
Motorcycles as Evidence stored - inside $10.00
After hours release
5:00 p.m. - Midnight; $40.00
Midnight - 8:00 a.m. $55.00
Minimum Service Call or Drop Fee $45.00
ALL OF THE ABOVE RATES ARE DOUBLED IF THE TOW
OPERATOR HAS TO WORK IN WATER ABOVE THE KNEES
jmp/k/resolu non/tow fee2/G/7/01
ATTACHMENT #5
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 1
CITY OF HUNTINGTON BEACH
POLICE DEPARTMENT
REQUEST FOR QUALIFICATIONS
for
Police-Directed Tovving quid Storage Services
,20
PROPOSAL SUBMITTALS: Responses to the Request for Qualifications (RFQ) are to be
submitted to:
Mr. (insert name)
Police Department
City of Huntington Beach
City Hall `
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on ,20_. copies of the proposal shall be submitted
in a sealed envelope and marked: "Proposal for Towing & Storage Services". Proposals
received after the specified time will not be accepted and will be returned
unopened. Questions regarding this request may be addressed to at
714/ or at 714/
INDEX
SECTION PAGE
I. Introduction
II. Schedule of Events
III. Scope of Work
IV. Proposal Requirements
V. General Requirements
VI. Tow Operator Evaluation & Selection Process
I. INTRODUCTION
The City of Huntington Beach Police Department, is requesting proposals from qualified Tow
Operators for towing and storage services in connection with vehicles which have been
determined to be a public nuisance pursuant to Chapter 10.08 of the Huntington Beach
Municipal Code, or which are in violation of statutes and ordinances relating to parking,
traffic, and law enforcement. The City intends to select up to three qualified Tow Operators.
1
j mp/towi n g/props l/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 2
II. SCHEDULE OF EVENTS
12001 Issuance of Request for Qualifications
12001 Proposals due at City Hall by 4:00 P.M.
, 2001 Execution of Tow Operator Agreement(s)
III. SCOPE OF WORK
Although the City in its RFQ attempted to identify the limits and services required, this
should not constrain the Tow Operator in the development of a scope they believe is necessary
to meet the City's objectives. The City will be receptive to innovative or alternative scopes of
services.
Services to be provided by the Tow Operator shall include:
A. Tow Operator shall tow police vehicles without charge.
B. Tow Operator shall not bill the City a fee in excess of$35.00 for any clean-up request
resulting from a traffic collision where there is not a tow, unless otherwise approved.
C. Tow operator shall maintain its storage yard a"designated public garage" with 24-hour
access pursuant to California Vehicle Code Section 22658.
D. Tow operator shall respond within twenty minutes to a request for service from the
HBPD.
E. Tow Operator shall change rates, fees and charges as set by resolution of the City
Council. (See Attached Exhibit A.)
IV. PROPOSAL REQUIREMENTS
Although no specific format is required by the City, this section is intended to provide
guidelines to the Tow Operator regarding features which the City will look for and expect to be
included in the proposal.
1. Content & Format
The City requests that proposals submitted be organized and presented in a neat and
logical format and be relevant to these services. Tow Operator's proposals shall be
clear, accurate, and comprehensive. Excessive or irrelevant material will not be
favorably received.
Proposals shall contain no more than 20 typed pages using a 10 point minimum font
size, including transmittal/offer letter and resumes of key people, but excluding
Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these
restrictions is to minimize the costs of proposal preparation and to ensure that the
response to the RFQ is fully relevant to the project.
The proposal should include the following:
• Transmittal/offer letter.
• Page numbering.
• Index/Table of Contents.
• Approach to the Scope of Work.
• Descriptions of similar agreements with other entities.
• Brief resumes of key staff.
2
j mp/tows ng/propsl/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 3
• Description of minimum Qualifications and Experience as described below.
2. Scope of Services
A description of the services to be provided shall be included in this section. It should
explain the approach, methodology, and specific tasks and activities that will be
performed to address the specific issues and work items identified in the RFQ. It
should also include a discussion of constraints, problems, and issues that should be
anticipated during the contract, and suggestions for approaches to resolving them.
3. Minimum Experience and Qualifications
A. Previous towing and storage experience with at least two entities, private or
public. Experience with the City of Huntington Beach may be included.
B. A minimum of 10 years experience in providing towing and storage service.
C. Maintenance of tow storage yard which meets the following conditions:
(1)capable of storing up to 200 vehicles at one time and complying with all Citv
Codes, including indoor vehicle storage space sufficient to
accommodate a minimum of three vehicles;
(2)located within five miles of City of Huntington Beach City Hall;
(3)includes an office on-site;
(4)provides 24-hour access; and
(5)meets all zoning, building and fire codes.'
D. Maintenance of 6 tow vehicles, including 2 flat bed, 3 wheel lift and 1
tow vehicle with a GVWR of at least 14,000 lbs.
E. Demonstrated ability to respond within 20 minutes of request by the City.
F. Permits and Licenses as required by state and/or City, including zoning, fire,
and building.
4. Statement of Qualifications
The information requested in this section should describe the qualifications of the Tow-
A. Should Tow Operator meet or exceed all lot requirements,Tow Operator shall be permitted to
commence services under the 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, or does not meet all of the lot requirements,Tow Operator shall be
permitted to commence services under this Agreement upon execution;however,Tow Operator will be
required to comply with all applicable lot requirements within eighteen(18)months of execution of the
Agreement,pursuant to the terms of the Agreement.
C.Should Tow Operator establish evidence of an ownership or leasehold interest in a parcel which is capable
of use as a lot which meets all the zoning and lot requirements,Tow Operator may not commence services
under the Agreement unless and until all zoning and lot requirements are met,which must occur within
eighteen(18)months of execution of the Agreement,pursuant to the terms of the Agreement.
3
j mp/towi n g/propsl/07/27/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 4
Operator in performing similar services to other public entities within the past five
years to demonstrate competence to perform these services. The services listed should
be those that the kev staff service to the City of Huntington Beach were responsible for
performing services. Information shall include:
• The name, date of birth, driver's license number, business and residence
addresses of the applicant, if a natural person; or if a corporation, its name,
date and place of incorporation, address of its principal place of business,
and the names of its principal officers, together with their respective
residence addresses; or if a partnership, association or unincorporated
company, the names of the partners, or of the persons comprising such
association or company, and the business and residence of each partner or
person;
• A description of each tow truck or other vehicle proposed to be used by the
applicant, vehicle identification number, and state vehicle license number
thereon;
• The names, dates of birth, addresses and drivers' license numbers of all tow
truck operators employed by the applicant;
• The business, occupation, or employment history of the applicant for three
(3) years immediately preceding the date of the application, including if
applicable, the business license and permit history while operating as a tow
service;
• All criminal convictions or proceedings in which a plea of guilty or nolo
contendere was entered, including vehicle code violations.
• Names of key staff that participated in providing said services and their specific
responsibilities.
• The public entity's name, contact person, addresses, and telephone numbers.
• A brief description of type and extent of services provided.
• Service dates (estimated, if not yet completed).
There should be included in the section brief resumes of key personnel who will
provide these services demonstrating their qualifications and experience. Resumes
should highlight education, experience, licenses, relevant experience, and specific
responsibilities for services described.
V. GENERAL REQUIREMENTS
1. Insurance Requirements
The Tow Operator shall furnish with the proposal proof of the following
minimum insurance coverage. These minimum levels of coverage are required to
be maintained for the duration of the Agreement:
A. General Liability Coverage - $1,000,000 per occurrence for bodily injury and
property damage. If Commercial General Liability Insurance or other form
with a general limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
4
imp/tow i n e/props 1/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 5
B. Worker's Compensation Coverage : State statutory limits.
C. Automobile Liability Insurance - One Million Dollars ($1,000,000) combined
single limit coverage, per occurrence, covering all vehicles used by Tow
Operator
D. "On-Hooh" Liability Insurance - One-Hundred Thousand Dollars
($100,000).
E. Garage Keeper's Liability Insurance - Two-Hundred Thousand Dollars
($200,000) combined single limit coverage.
Deductibles, Self-Insurance Retentions, or Similar Forms of•Coverage
Limitations or Modifications, must be declared to and approved by the
City of Huntington Beach.
A sample certificate is included as Attachment B.
The Tow Operator is encouraged to contact its insurance carriers during the
proposal stage to ensure that the insurance requirements can be met if selected for
negotiation of a contract agreement.
2. Letter of Credit
The Tow Operator shall furnish a letter of credit in the amount of$50,000 in a form
acceptable to the City Attorney's Office concurrently with the effective date of the
Agreement. _
3. Standard Form of Agreement
The Tow Operator will enter into an agreement with the City based upon the contents
of the RFQ and the Tow Operator's proposal. The City's standard form of agreement is
included as Attachment C. The Tow Operator shall carefully review the
agreement, especially in regards to the indemnity and insurance provisions,
and include with the proposal a description of any exceptions requested to
the standard contract. If there are no exceptions, a statement to that effect
shall be included in the proposal.
4.. Disclaimer
This RFQ does not commit the City to award a contract, or to pay any costs incurred in
the preparation of the proposal. The City reserves the right to extend the due date for
the proposal, to accept or reject any or all proposals received as a result of this request,
to negotiate with any qualified Tow Operator, or to cancel this RFQ in part or in its
entirety. The City may require the selected Tow Operator to participate in
negotiations and to submit such technical, fee, or other revisions of their proposals as
may result from negotiations.
5
jmp/towin--/props1/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Pag 6
5. Assigned Representatives
The City will assign a responsible representative to administer the contract, and to
assist the Tow Operator in obtaining information. The Tow Operator also shall assign
a responsible representative and an alternate, who shall be identified in the proposal.
The Tow Operator's representative will remain in responsible charge of the Tow
Operator's duties. If the Tow Operator's primary representative should be unable to
continue with the in that position, then the alternate representative identified in the
proposal shall do so. Any substitution of representatives or subconsultants identified
in the proposal shall first be approved in writing by the City's representative. The City
reserves the right to review and approve/disapprove all key staff and subconsultant
substitution or removal, and may consider such changes not approved to be a breach of
contract.
VI. TOW OPERATOR EVALUATION & SELECTION PROCESS
The following criteria will be used in evaluating the Tow Operator's proposals using a point
value system (100 points) based on the weighting indicated below.
1. Grasp of the service requirements including identification of critical elements and
key issues. (10 points)
2. Technical approach and work plan for the services, including innovative
approaches. (20 points)
3. Qualifications and experience of the project manager, other key individuals, and
subconsultants. (50 points)
4. Results of reference checks. (10 points) Reference checks will only be conducted for
a short list of firms or the top rated firm.
5. Clarity of proposal. (5 points)
6. Compliance with proposal requirements including the 20 page limitation. (5 points)
The City may elect to interview a short list of qualified applicants or to interview only the top
rated applicants based on the proposals submitted for the project.
The City staff will negotiate a contract with the best qualified firm(s) for the desired services.
Should the City staff be unable to negotiate a satisfactory contract with the firm considered to
be the most qualified, negotiations with that firm shall be formally terminated. Negotiations
will then be undertaken with the next most qualified firm. Failing accord with the second
most qualified firm, the City staff will terminate negotiations and continue the negotiation
process with the next most qualified firms in order of their evaluation ranking until an
agreement is reached and a firm(s) is selected and an agreement(s) is executed.
ATTACHMENTS
Attachment A Resolution establishing rates for Police Directed Towing & Storage
Services
Attachment B Sample City Contract
Attachment C Sample Insurance Certificates
Attachment D Non-Collusion Affidavit
6
j mphowing/props1/06/08/01
ATTACHMENT 6
SAMPLE
AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FOR
POLICE DIRECTED TOWING AND STORAGE SERVICES
THIS POLICE DIRECTED TOWING AND STORAGE AGREEMENT
("Agreement") is made and entered into this day of , 2001, by and between the
CITY OF HUNTINGTON BEACH , a municipal corporation (hereinafter "City" ), and
a (hereinafter "Tow Operator"),
located at
WHEREAS, the City requires, from time to time, towing and storage services in
connection with vehicles which have been determined to be a public nuisance pursuant
to Chapter 10.08 of the Huntington Beach Municipal Code, or which are in violation of
statutes and ordinances relating to parking, traffic, and law enforcement; and
Tow Operator represents that it has the managerial and operating personnel and
the facilities and equipment necessary to provide the required vehicle towing and
storage services to the City on the terms and conditions herein after set forth.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions herein contained, the parties agree as follows:
1. 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
Such services shall be performed in a prompt, efficient, and orderly
manner following notification by the City's representative, or by any other
authorized officer or employee of the City.
2. DUTIES OF TOW OPERATOR
A. Shall respond to the location requested by the City within twenty (20)
minutes of receipt of a call from City. If Tow Operator is not able to
respond within the aforementioned response time, it shall notify the City
immediately advising the City of the expected time of arrival (ETA). If the
. 1
e:jmphowing/ag eemendl015100
SAMPLE
ETA is unacceptable to the City, the City reserves the right to contact an
alternate towing Tow Operator to provide the service.
B. Provide deployment of trucks for special events such as DUI check points,
street fair and/or parades as requested periodically. Tow Operator shall
have the capability with pre-approved subcontractors (pursuant to Section
25 herein), to tow up to 100 vehicles in a five (5) hour period for said
special events. Such events will be coordinated with the Tow Operator at
least 24 hours in advance. The City reserves the right to assign all
contract tow services to a "special event" if required by the size of the
event and number of vehicles to be towed.
C. Shall not perform any work or services upon any impounded
vehicle without first obtaining the owner's written consent to such
work or services. Parts or accessories shall not be removed from
any vehicle without authorization except as necessary for security
purposes. Under such circumstances, the parts or accessories
removed shall be listed on the itemized statement and stored in the
business office. This Section shall not be construed as prohibiting
permittees from making emergency alterations necessary to permit
the removal by towing of such vehicle.
D. Shall not solicit or receive any contracts or purchase orders for repairs on
an impounded vehicle from an owner until the vehicle has been released
by the Chief of Police, or his designee.
E. Shall safeguard all vehicles and other property placed in its possession
pursuant to the Agreement. The indemnification set forth in this
Agreement shall be applicable to all-claims or demands attributable to or
arising out of Tow Operator's possession, control and handling of such
vehicles and property.
F. Shall not bill the City a fee in excess of the rate established by resolution
of the City Council for any clean up request resulting from a traffic collision
where there.is no tow service required, unless otherwise approved.
G. Shall maintain a "Designated Public Garage" with 24 hour access for
acceptance of tows for storage pursuant to California Vehicle Code
Section 22658. Tow Operator may charge a reasonable gate fee for
vehicle drop-off between 5:00 p.m. and 8:00 a.m. Tow Operator shall pay
non-consensual tow operator for tow service within two (2) business days
of receipt of tow.
2
e:j mp/towin g/agreement/1015/00
SAMPLE
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. 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 Chief of
Police, or his designee.
4. Shall not remove any vehicle from the storage facilities without
written authorization from an authorized officer or employee of the
City with the exception of private impounds.
5. Be available to accept vehicles 24 hours a day, 7 days a week, 365
days a year, towed. pursuant to California Vehicle Code Section
22658.
3
g:jmp/towing/agreemem/1015100
SAMPLE
B. Tow Operator's Office must:
1. Be posted with a sign listing the rates and charges of all towing and
storage services offered. Such sign shall be conspicuously placed
in the office or other places where customer financial transactions
take place.
2. Be located within five miles of City of Huntington Beach City Hall,
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 15, 2002.
4 y
&j mp/towing/agreement/1015100
SAMPLE
B. Submittal of all requisite permits and appropriate fees to the City's
Building Department no later than August 15, 2003.
C. Issuance of a certificate of occupancy and completion of a final inspection
no later than February 15, 2004.
Failure to submit the requisite evidence as defined above will constitute a breach of
contract subject to termination pursuant to Section 11 of this Agreement. The Chief of
Police may authorize a reasonable extension based on a demonstration of good faith
by the Tow Operator.
6. RELEASE OF IMPOUNDED VEHICLES.
A. Tow Operator shall release impounded vehicles only upon presentation of
an official Police Department Release signed by an authorized officer or
employee of the City's Police Department or. upon verbal approval by an
authorized officer or employee of the City's Police Department.
B. Tow Operator shall ensure that vehicles are available for release from
impound and storage 24 hours a day, 7 days a week, 365 days a year.
Tow Operator must clearly mark its storage facility with a telephone
number to call if release is requested after normal working hours. Normal
working hours shall be from 0800 hours to 1700 hours, Monday through
Friday, with the only exception being on Officially recognized holidays.
C. Tow Operator shall advise the Records Bureau of the Police Department
of all vehicles impounded by the Police Department and not released after
thirty (30) days after the conclusion of the tow rotation. Tow Operator
shall identify such vehicles by year, make, model, color, license and
vehicle identification number, and shall comply with Section 10652 of the
Vehicle Code by notifying the California Highway Patrol, Sacramento,
California, by receipt mail.
D. If Tow Operator fails to give the notice referred to in Section 10652 of the
Vehicle Code, the indemnification provisions of this Agreement shall apply
to all claims, demands or suits against the City attributable to or arising
out of such failure.
E. Tow Operator will, at the request of the City, release any vehicle from
storage and/or impound at no cost to the registered owner, unless such
liability or responsibility has been acknowledged by the Chief of Police, or
unless such liability or responsibility is imposed by law.
5
g:j mp/towi n g/aereemen t/10/5/00
SAMPLE
7. 'TOW OPERATOR'S EQUIPMENT.
A. Tow Operator shall have available a minimum of six (6) tow trucks
permanently stationed in the City during the Tow Operator's rotation, and
drivers, 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.
1. 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.
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L. Tow Operator shall submit at any reasonable time to a Police Department
inspection of all drivers, vehicles, equipment and yards. Such an
inspection is required prior to the renewal of any contract.
8. CONTRACTOR'S PERSONNEL
A. All personnel must possess the proper State of California Driver's License
.required to operate all vehicles and equipment required to be used in the
performance of the contract.
B. Prior to engaging the services of any driver, Tow Operator shall provide
such driver copies of all applicable provisions of the Vehicle Code relating
to vehicle towing and storage services. In addition, all personnel shall be
thoroughly trained in the proper and safe use of all equipment used in
doing the necessary work.
C. Tow Operator's business operations shall be conducted at all times in an
orderly, ethical and courteous manner, and Tow Operator shall use its
best efforts to secure and maintain the confidence of vehicle owners and —
operators. Any and all complaints filed with the Police Department, by a
vehicle owner, operator or other patron, against Tow Operator's business
operation or employee, shall be thoroughly investigated. At the
conclusion of the investigation a recommendation of action shall be
forwarded from the Chief of Police to the City Manager's Office for
approval by the City Council.
D. All towing services performed under this contract shall be at the direction
of the City representative at the scene.
E. All personnel shall wear uniforms which bear the name of the individual
and the towing company in a conspicuous place on the uniform.
F. All current and future personnel performing services for the City
under this contract, prior to commencing work for the City shall: (1)
be fingerprinted and photographed by the Huntington Beach Police;
and (2) submit the following information to the Huntington Beach
Police Department:
1. Name, date of birth, driver's license number, and residence
address;
2. The business, occupation, or employment history for three
(3) years immediately preceding the date of the application,
including permit history; and
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3. All criminal convictions or proceedings in which a plea of
guilty or nolo contendere was entered, including Vehicle
Code violations;
G. All personnel shall be fluent in the English language.
H. The Chief of Police, reserves the right to refuse personnel from
performing services under this Agreement if, in the reasonable
belief of the Chief of Police, the individual:
1. is unfit to be trusted with the privileges granted-by said
Agreement or has a,bad moral character, intemperate habits
or a bad reputation for truth, honesty or integrity; or
2. is a person under the age of eighteen (18) years; or
3. has made a material misrepresentation in his application; or
4. has committed or aided or abetted in the commission of any
act, or act of omission, which if committed by a permittee
would be grounds for suspension or revocation of a permit;
or
5. does not possess a valid California driver's license.
9. ROTATING SCHEDULE FOR SERVICE CALLS.
A. If, pursuant to other agreements, the City utilizes vehicle towing and
storage services in addition to those provided by Tow Operator, Cit� shall
use its best efforts to assign requests for towing services on the 15 and
last day of the month on a rotating schedule.
B. Tow Operator agrees to respond to the location specified in a call for
service within twenty (20) minutes after notification by the Police
Department.
C. If Tow Operator fails to arrive at the location specified in the call for
service within twenty (20) minutes, the Police Department will notify Tow
Operator of cancellation on that call for service. The next Tow Operator
on the rotating schedule will then be notified.
D. The City reserves the right to use any towing and storage services,
whether or not pursuant to prior agreement, in the event of any
emergency or calamity or when contracted services are unavailable for
any reason.
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10. TERM OF AGREEMENT.
The term of this Agreement shall commence on August 15, 2002, and shall
continue for a period not to exceed five (5) years with an option for five (5) additional
years upon the agreement of both the City and Tow Operator, or upon termination by
either party, whichever occurs first. Performance under this Agreement shall not
commence until the Tow Operator has obtained the City's approval of the insurance
and surety bond required by this Agreement.
11. BREACH OF AGREEMENT: GROUNDS FOR ASSESSMENT OF PENALTIES
AND AGREEMENT TERMINATION
A. The City reserves the right to terminate any Agreement or assess
damages or penalties against the Tow Operator in the event of a material
breach of any of the Agreement terms, or any material term of any
applicable federal , state or local statute or regulation, which breach is not
cured following written notice and a reasonable opportunity to cure.
Breaches which are grounds for termination include, but are not limited to:
1. If the Tow Operator practices, or attempts to practice, any fraud or
deceit upon the City.
2. If the Tow Operator becomes insolvent, unable or unwilling to pay
its debts, or upon listing of an order for relief in favor of Tow
Operator in a bankruptcy.proceeding.
3. If the Tow Operator materially fails to meet the customer service
standards established in the Ordinance 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 actor 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.
=s
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12. PROCEDURE FOR ADJUDICATION OF BREACHES OF THE AGREEMENT:
A. Prior to imposing any sanction or penalty, including termination of the
Agreement upon the Tow Operator, the Chief of Police shall give the Tow
Operator notice of the breach and a reasonable period to correct it.
B. The Chief of Police shall establish a reasonable notice of cure period.
The notice to cure period shall be a minimum of thirty (30) days in all
cases (except in cases of emergency where a shorter time may be
prescribed consistent with the nature of the emergency). If the breach is
not timely cured, the Chief of Police shall cause to be-noticed a public
hearing before the City Council (or refer the matter to a hearing officer,
who shall make a recommendation to the City Council) on whether there
has been a material breach of the Agreement, and the appropriate
penalty.
13. HEARING PROCEDURE
A. A full evidentiary public hearing shall be held to determine if the Tow
Operator materially breached the Agreement, and what penalty shall be
imposed.
B. The evidentiary hearing shall be conducted upon a minimum of fourteen
(14) days written notice duly given to Tow Operator and published notice
provided to the public. Tow Operator may present relevant and
appropriate evidence, orally and in documented form. Based on the
evidence presented at the hearing, a written determination shall be made
whether the Agreement should be revoked or the Tow Operator should be
penalized. The hearing body may make any other determinations which
are reasonably related to the Agreement.
C. Should the hearing body find that there has been a material breach of the
Agreement, but that revocation is inappropriate, then it may assess and
levy monetary penalties against Tow Operator as set forth in this
Agreement.
D. Tow Operator shall receive written notice of any action taken following the
hearing.
E. . Pursuant to Section 12 of this Agreement, the Chief of Police shall cause
the evidentiary hearing to be conducted by a hearing officer or the City
Council. If a hearing officer conducts the hearing, then the City Council
shall hold a subsequent public hearing to determine if the hearing officer's
recommendation should be affirmed, reversed or modified.
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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 Chief of Police, or his designee, shall be responsible for the administration
of this Agreement. The Chief of Police is authorized to issue to Tow Operator directives
concerning policies and procedures to be implemented in connection with the towing
and storage of vehicles. In the event of dispute between the parties as to the nature
and extent of the services to be performed hereunder, or the level and manner of
performance, the determination made by the City Administrator, or his designee, shall
be final and conclusive as between the parties.
Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by mail. The
representatives of the respective parties who are authorized to administer this
Agreement, and to whom formal notices, demands and communications shall be given
are as follows:
To CITY: To TOW OPERATOR:
Chief of Police
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
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If the name of the representative designated to receive the notices, demands or
communications, or the address of such person, is changed, written notice thereof shall
be given within five (5) working days of said change.
16. TRANSFER OF OWNERSHIP.
Tow Operator shall not sell or transfer any rights or obligations under this
Agreement without the written authorization of the Chief of Police, except the following
transferees or successors shall be entitled to such transfer of permit:
A. Duly qualified representatives of permittees regularly appointed by courts
of competent jurisdiction, assignees for the benefit of creditors, and
spouses or children of deceased permittees.
B. The surviving partner or partners of a dissolved partnership.
C. A new partnership consisting of the members of a predecessor
partnership, plus their spouse or spouses of any such members.
D. A new corporation, organized and controlled by an individual or
unincorporated permittee for the purpose of acquiring, or which has
acquired the assets of the business previously owned and operated by
such permittee.
E. Upon dissolution of a closely held corporation, the stockholders to whom
the assets are distributed.
17. INDEPENDENT TOW OPERATOR STATUS.
The parties agree that the performance of the Tow Operator's services
hereunder shall be in the capacity of an independent tow Operator, and that no officers,
agents, employees, or subtow operators of the Tow Operator have been, are or shall be
employees of the City by virtue of this Agreement. The Tow Operator shall so inform
each individual or entity which is hired, retained or engaged to perform any services
under this Agreement.
18. RATES, FEES AND CHARGES.
A. City shall have no responsibility or liability to Tow Operator for payment of
any costs, charges or expenses incurred by Tow Operator for towing or
storing any vehicles pursuant to the terms of this Agreement unless such
liability or responsibility has been acknowledged in writing by the Chief of
Police or his designee; or unless such liability or responsibility is imposed
by law. Tow Operator shall have the right to salvage vehicles removed
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from private property pursuant to this Agreement, subject to compliance
with all applicable statutes and regulations.
B. The rates, fees and charges imposed by Tow Operator for towing or
storing any vehicles pursuant to the terms of this Agreement shall not
exceed those which are at any time approved by resolution of the City
Council of the City of Huntington Beach. Commencing on December 1,
2001, the fee established by resolution shall be adjusted on December 1st
of each year based upon the change in the Metropolitan Consumer Price
Index for the Los Angeles-Riverside-Orange County, CA area during the
preceding year. The Chief of Police shall then adjust-the fees set forth in
the resolution by such percentage change. The adjusted fee amount shall
be rounded to the next highest dollar, and this amount shall constitute the
fee authorized by Huntington Beach Municipal Code Chapter 5.66.
Should the Consumer Price Index be revised or discontinued, the Chief of
Police shall use the revised or a comparable index as approved by the
City Council.
C. Rates, fees and charges shall be posted in a conspicuous location at Tow
Operator's place of business and may be collected by Tow. Operator from
a vehicle owner or property owner at the time he or she desires to effect
the release of the vehicle from Tow Operator's storage facilities.
D. Should there be any dispute between the Tow Operator and a vehicle
owner or property owner over rates, fees and charges imposed for
services rendered under this Agreement, such dispute shall be decided by
the City Administrator, or his duly authorized representative, and the Tow
Operator shall make no demands upon the vehicle owner or property
owner for a sum in excess of the amount determined to be reasonable by
the City Administrator, or his authorized representative. The City
Administrator or his representative may hold an administrative hearing if
any party to the dispute so requests.
E. Tow Operator shall furnish to the person authorizing the towing
service, or his agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle
and the charges made therefor upon the request of:
1. The registered owner; or
2. The legal owner; or
3. The insurance carrier of either (a) or (b); or
4. The duly authorized agent of any of the foregoing.
The permittee shall furnish a copy of such statement to any
person authorized to receive the same without demanding
payment as a condition precedent.
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19. LETTER OF CREDIT
A. The Tow Operator shall establish a case deposit or letter of credit in favor
of the City in the sum of $50,000.00 and in the form approved by the City
Attorney. The letter of credit shall serve as security for the faithful
performance by Tow Operator of all the provisions and obligations of the
Agreement.
B. If within thirty (30) days following receipt of written notice from the City of
Two Operator's failure to pay City an amount owing under this Agreement,
Tow Operator has not paid such amount as is due and owing to City, the
letter of credit may be assessed by the City upon five (5) days prior written
notice to the Tow Operator indicating the intention of the City to draw
upon the letter of credit, the amount to be drawn and the reason therefor.
The City may assess the letter of credit for purposes including, but not
limited to:
1. Reimbursement of costs borne by City to correct violations not
corrected by Tow Operator, after due notice and opportunity to
cure.
2. Monetary remedies or damages assessed against Tow Operator
due to breach of the Agreement after due and opportunity to cure.
C. Tow Operator shall deposit a sum of money sufficient to restore the letter
of credit to the original amount within thirty (30) days after notice from City
that an amount has been withdrawn from the letter of credit, specifying the
date and amount of the withdrawal.
20. ALTERNATIVE REMEDIES.
Remedies provided for in this Agreement are cumulative and in addition to other
rights the City may have at law or equity or under this Agreement, which it may exercise
at any time. In no event shall the amount of any bond or letter of credit be construed to
limit Tow Operator's liability for damages.
21. REGULATION.
Tow Operator shall comply with all state statutes and local ordinances, shall
make all reports required by the Vehicle Code of the State of California, and shall follow
all reasonable rules and regulations which the Chief of Police of the City may from time
to time prescribe governing the conduct of Tow Operator's operations under this
Agreement.
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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 subscriber 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.
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Tow Operator shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
policy limit.
Tow Operator shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. Tow Operator shall
furnish to City a certificate of waiver of subrogation under the terms of the workers
compensation insurance and Tow Operator shall similarly require all subcontractors to
waive subrogation.
25. INSURANCE.
In addition to the workers compensation insurance and Tow Operator's covenant
to indemnify City, Tow Operator shall obtain and furnish to City:
A. A policy of general public liability insurance, including motor vehicle
coverage covering the services. Said policy shall indemnify Tow
Operator, its officers, agents and employees, while acting within the scope
of their duties, against any and all claims of arising out of or in connection
with the services, and shall provide coverage in not less than the following
amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual
liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name City, its
officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the
services shall be deemed excess coverage and that Tow Operator's
insurance shall be primary.
B. Automobile liability insurance covering all vehicles used by Tow Operator
to fulfill there herein Agreement, with minimum limits of liability of One
Million Dollars ($1 ,000,000) combined single limit coverage against any
injury, death, loss or damage due to wrongful or negligent acts or
omissions by the Tow Operator and/or his employee and/or subtow
operators.
C. "On-Hook" liability insurance with minimum limits of twenty-five Thousand
Dollars ($25,000)/Fifty-Thousand Dollars ($50,000)/One-Hundred
Thousand Dollars ($100,000).
D. Garage keeper's liability insurance with minimum limits of Two Hundred
Thousand Dollars ($200,000) combined single limit coverage.
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All insurance required hereunder shall be issued by-a company rated "A" or
better in Best's Key Rating Guide and authorized to transact business in the State of
California as an admitted surety insurer.
26. CERTIFICATE OF INSURANCE.
Prior to commencing performance of the work hereunder, Tow Operator shall
furnish to City certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and
shall state that the policy is currently in force and shall promise to provide that such
policies will not be canceled or modified without thirty (30) days prior written notice to
City. Tow Operator shall maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by Tow Operator under this
Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. Tow Operator shall pay, in a prompt
and timely manner, the premiums on all insurance herein above required.
27. FAILURE TO PROVIDE INSURANCE.
The City may, without prior notice, immediately suspend or terminate this
Agreement if, at any time, the Tow Operator fails to provide or maintain the insurance
required hereunder.
28. INCREASE IN COVERAGE.
Nothing contained in this Section shall be deemed to preclude the City, after
consultation with other law enforcement agencies, from requiring Tow Operator to
increase the amounts of insurance coverage specified herein, or to obtain and maintain
other types of insurance coverage, in order to protect the interests of the City and its
vehicle owners and operators. Tow Operator shall comply with such new or additional
requirements within a reasonable time after receipt of City's written request.
29. INDEMNIFICATION.
.Tow Operator shall protect, defend, indemnify and hold harmless City, its
officers, officials, employees and agents from and against any and all liability, loss,
damage, expenses, costs (including without limitation, costs and fees of litigation of
every nature) arising out of or in connection with Tow Operator's performance of its
services under this Agreement, or its failure to comply with any of its obligations
contained in this Agreement by Tow Operator, its officers, agents or employees, except
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such loss or damage which was caused by the sole negligence or willful misconduct of
the City.
30. SUBCONTRACTING, DELEGATION AND ASSIGNMENT.
A. Tow Operator shall not delegate, or assign its duties or rights hereunder,
either in whole or in part, without the prior written consent of the Chief of
Police. Failure to receive prior approval shall be grounds for immediate
cancellation of the herein Agreement at the option of the City Council.
B. Tow Operator may use subcontractors only after receiving written
approval from the City.
C. Any authorized assignment, delegation or subcontract shall be made in
the name of the Tow Operator and shall not bind or purport to bind the
City and shall not release the Tow Operator from any obligation under this
Agreement.
31. COMPLIANCE WITH STATE LAW.
A. Tow Operator shall comply with Sections 22523, 22524, 22669, 22670,
22671, and 22850 through 22856 of the Vehicle Code which relate to the
removal, storage and disposition of abandoned vehicles and liens of
garage keepers.
B. Tow Operator shall keep fully informed of and comply with all City,
County, State and Federal laws, ordinances and/or regulations which are
applicable to the Tow Operator and/or those engaged or employed by the
Tow Operator in doing the services to be provided by Tow Operator
pursuant to the herein agreement, including but not limited to the handling
of vehicles, lien sales with outstanding parking penalties, owner
notifications, removal, storage and disposition of abandoned vehicles, etc.
C. Tow Operator shall obtain and maintain all permits and licenses, pay all
charges and fees, and give all notices required by city ordinances or other
laws relating to the performance of the herein Agreement.
32. NON-DISCRIMINATION.
A. In the performance of this Agreement, Tow Operator shall not discriminate
against any member of the public, employee, subtow Operator, or
applicant for employment because of race, color, religion, ancestry, sex,
national origin, handicap or age. Tow Operator will take affirmative action
to ensure that members of the public are served, subtow operators and
applicants are employed, and that employees are treated during
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employment without regard to their race, color, religion, ancestry, sex,
national origin or age.
B. The provisions of paragraph A above shall be included in all solicitations
or advertisements placed by or on behalf of Tow Operator for personnel to
perform any services under this Agreement. City shall have access to all
documents, data and records of Tow Operator and its subtow operators
for purposes of determining compliance with the fair employment and
non-discrimination provisions of this Section.
33. PERMITS AND LICENSES.
Tow Operator shall obtain and maintain during the term of this Agreement all
necessary licenses, permits and certificates required by law for the conduct.of Tow
Operator's activities and for the provision of services hereunder, including a business
license issued by the City.
34. ADVERTISING.
Contractor shall not display or use any signs, advertising materials, logos, etc.,
which indicate that the Contractor is an official towing service for the City of Huntington
Beach without written authorization of the City. A designation of "Official Police Tow" or
similar language is not acceptable without prior written consent.
35. CONFLICT OF INTEREST.
The parties agree that, to their knowledge, no member of the City Council, officer
or employee of the City has any interest, whether contractual, non-contractual, financial
or otherwise in this transaction, or in other business of the Tow Operator, and that if any
such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made in writing to the other party, even if such
interest would not be considered a conflict of interest under applicable laws. Tow
Operator covenants that it has, at the time of execution of this Agreement, no_interest,
and that it shall not acquire any interest in the future, direct or indirect, which would
conflict in any manner with the performance of services required hereunder. Tow
Operator further covenants that, in the performance of the services hereunder, no
person having any such interest shall be engaged or employed.
36. RESOLUTION OF DISPUTES.
A. Disputes regarding the interpretation of application of any provisions of
this Agreement shall, to the extent reasonably feasible, be resolved
through good faith negotiations between parties.
B. Disputes regarding the precipitating cause for any removal, seizure or
impound of a vehicle directed by the Police Department shall, to the
.a
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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.
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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.
TOW OPERATOR: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice President Mayor
AND ATTEST:
By:
print name City Clerk
ITS: (circle one) Secretary/Chief Financial Officer/Asst. APPROVED AS TO F RM:
Secretary-Treasurer
REVIEWED AND APPROVED: zI o City Attorney
INIT TED AND APP VED:
City Administrator
L=
Chief of P 11ce
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INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE
SUBJECT: Adopt Ordinance Modifying Permitting Requirements and
Increasing Rates of Police-Directed Towing Services
COUNCIL MEETING DATE: August 20, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORW RDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Space . Only)
RCA Author: jmp
Tow Contract Proposal
•
HUNTINGTON BEACH
For the
City Council
August 6, 2001
�� CoMMIn��C./�Tla�
Current Tow Arrangements
Rs
.ss� �g
Tow companies are rotated on a%two week ,
basis.
S
® Tow services have been added to a "list" by
order of the City Council based on a `needs
and necessities' inquiry.
® Currently there are no contracts with our
tow services.
2
Concepts of Tow. Contract
Proposal
Any tow company wishing to z'baonsd -
ON
as a police tow service would submita `
Request for Qualification
® The City Council will award contracts
considering the recommendations of-Chief
of Police with up to three tow companies
receiving contracts.
® The duration of the tow contracts would be
5 years with a possible 5 year extension at
the discretion of the City Council. 3
Concepts of Tow Contract
Continued
• A tow service with a current legal non�
conforming lot will not be required to become a
legal conforming lot.
• All tow operators must meet all other applicable
requirements and all requirements set forth in
the ordinance and/or agreement within eighteen
(18) months of execution of a contract.
4
Basic Storage Lot Requirements
E
s
Storage lot must be located within 5 straight
line miles of city hall.
® Storage lots require an on-site office.
Office facility must be open and staffed with an
employee capable of conducting business
Monday through Friday between 8 am and 5
pm during the tow rotation of the tow operator.
5
Basic Storage Lot Requirements
Al
Contzd�g
® Storage lot must be capable of storing up to
200 vehicles at any one time.
® Storage lot must comply with all zoning
and fire codes.
6
Basic Provisions .
s 2E
® Tow operator must maintain veh�cl�es vv th
name address and phone number of the
business awarded the contract.
® Tow operator must respond within 20
minutes of police tow request.
Tow operator will be designated as a Public
Storage Facility.
Basic Provisions Contznwed
® Storage lots must be lighted and
properly.
® Storage lots must be completely enclosed
and have security devices.
View of stored vehicles must be obscured
from street.
Storage lots must have off-street parking for
six customers.
8
Basic Provisions Continued
• Storage facilities must be capable of storing
3 impounded vehicles in a secure storage
building.
• Storage facilities must be able to accept
vehicles 24 hours per day, 7 days per week,
365 days per year.
• All drivers must be permitted through the
Police Department.
9
Drawbacks to current method of
opeka l7 :
�'
® Under current arrangements there are'no
provisions for censure of a tow service
based upon citizen or officer complaints
regarding service.
® Under current arrangements there is no
guidance from the Municipal Code as to
how to add to or delete tow services from
the list.
10
Benefits of Proposed Contracts
x
• The quality of service provided by a tow
company could be reviewed prior to
renewal of a contract.
• The City would have the ability to censure a
tow service based on citizen complaints.
• Contract tow services could be inspected
regarding their capability and the condition
of their equipment and facilities.
CONCLUSION
® Adoption of the proposed tow contracts would
ensure that any citizen having a vehicle towed
without their consent would be able to recover it
with as little inconvenience as possible.
® Adoption of the proposal would allow the City
to ensure that services provided by contract tow
businesses will present a positive image of the
City of Huntington Beach.
12
s
13
1
CITY OF 14UNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
S
�. CD -<r;
' coOr-r
r'I
TO: Honorable Mayor and City Council Members N =
w. D
FROM: Bill Workman, Assistant City Administrato
DATE: July 13, 2001
SUBJECT: CITY COUNCIL AGENDA ITEM F-1 FOR JULY 16, 2001
MEETING, TOW ORDINANCE
Due to various concerns, the proposed Tow Ordinance item previously scheduled as F-1
for the July 16, 2001 meeting will be continued to the August 6, 2001 City Council
meeting.
Xc City Council
Ray Silver
Connie Brockway
CITY OF HUNTINGTON BEACH .
MEETING DATE: July 16, 2001 -DEPARTMENT ID NUMBER: CA 00-12
Council/Agency Meeting Held:
Deferre ontinued t
❑ Approved ❑ Conditionally Approved ❑ Denied
De►-City Clerk'USignature
Council Meeting Date: July 16, 2001 Department ID Number: CA 00-12
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION o
M
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS u, z��m
r-
Mornm
Y ILVER, City Administrator �' -� D���
SUBMITTED BY: ,��•.�ts # r,
GAI L I MUTTON, City Attorney opt, 3�`1 `� _
AIL HUTTON, City Attorney Re`S" aDPl--�,�w n
PREPARED BY. RON LOWENBERG, Chief of Police` 9
SUBJECT: Adopt Ordinance Modifying Permitting Requirements and Increasing
Rates of Police-Directed Towing Services
Kttment of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)I
Statement of Issue: 1. Should the City delete permitting requirements for police directed
tow services and enter into contracts with police-directed tow operators via a request for
qualification process?
2. Should the City increase the allowable rates to be charged by police-directed tow
services?
Funding Source:. .None.
Recommended Action:
1. Adopt Ordinance No. 341`19 amending Huntington Beach Municipal Code 5.66
removing permitting requirements for non-consensual towing services.
2. Approve Resolution No.&/- % establishing rates for police-directed towing and
related services.
3. Authorize staff to initiate the police-directed tow service selection process using the
attached Request for Qualifications and sample agreement.
towingl / -2- 6/28/01 8:09 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 16, 2001 DEPARTMENT ID NUMBER: CA 00-12
Alternative Action(s): 1. Do not adopt Ordinance No. 3 qq
2. Do not adopt Resolution No. zo01" �
3. Do not authorize staff to initiate the selection process
Analysis: Police-directed towing is any tow authorized by a law enforcement official,
such as an illegally parked vehicle. Consensual towing is a tow which is authorized by the
owner of the vehicle, such as a AAA tow. On the other hand, non-consensual towing
(sometimes known as "private party impounds") is any tow initiated by a person other than
the owner of the-vehicle or a law enforcement official. For example, the property owner can
have an abandoned vehicle towed from a parking garage, or an apartment complex where a
non-resident has parked in resident-only parking. A non -consensual tow must be reported
to the Police Department to ensure that the vehicle owner may contact the police department
to ascertain the location of the vehicle and prevent the investigation of the tow as a stolen
vehicle. Currently, the City only regulates police-directed and non-consensual tow services.
This Request for Council Action relates solely to police-directed tow services. (Previously,
the City Council adopted HBMC §5.67 and the . related rate resolution regulating non-
consensual tows.)
The Police Department and City Attorney's office have worked extensively on the creation
and implementation of a new process for the selection and regulation of police-directed
towing services. Currently, police-directed tow services are authorized to operate via permits
issued by the Police Department. However, it has become increasingly more difficult to
ensure that the police-directed tow operators are providing the customer service expected as
an extension of the Police Department and the City. Moreover, the history of the police-
directed tow rotation system does not support the consideration of alternative tow operators
to ensure the best service providers follow the same standards for lot requirements,
equipment minimums and provide similar services.
The highlights of the new police-directed tow service agreement process are:
1. Tow service operators will be selected through a request for qualifications
procedure. No more than three (3) operators will be selected. Tow Operators will work on a
rotating basis. If selected, the rotating three operators will be 15 days on, 30 days off.
2. Only operators with a lot in the City or evidence of a lot in the City which can be
brought into compliance with the Agreement within 18 months will be permitted to apply. The
Chief of Police is authorized to grant a reasonable extension of the 18 month deadline based
on the good faith efforts of Tow Operator.
3. Operators must maintain a storage lot in the City Huntington Beach with the capacity
to store 200 vehicles and an office on the lot;
4. The operator's storage lot must comply with all applicable City code requirements,
including fire, building and zoning;
towing1 -3- 6/28/01 8:09 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 16, 2001 DEPARTMENT ID NUMBER: CA 00-12
5. All legal non-conforming storage lots must comply with all other applicable codes
and requirements of the Agreement;
6. Operators must respond to a call from the Police Department within 20 minutes or
less;
7. Operators must maintain equipment minimums;
8. Operators must be responsible to the Police Department/City for complaints;
9. Operator's storage lot will be designated as a public garage for the purposes of non-
consensual tows pursuant to the California Vehicle Code.
The City Council Subcommittee on Police-Directed Tow Services reviewed the proposed
ordinances, resolutions, request for qualifications and sample agreement at its meeting of
June 5, 2001. The Committee recommended approval of all items recommended by Staff
with the following modifications which have been incorporated into the documents attached:
COMMITTEE
ISSUE RECOMMENDATION STAFF RECOMMENDATION
1. Minimum Storage Capacity *200 Vehicles (57,600 sq. ft. of 150 Vehicles (43,200 sq. ft. of
storage) storage)
2. Office Location On-site of storage facility On-site or off-site within 500
feet with shuttle service
3. Equipment location Six tow vehicles permanently Six tow vehicles available
stored in City during rotation
*The Committee considered and rejected using a minimum square footage requirement rather than a vehicle
storage minimum.
The Committee deferred consideration of a modification to the term of the agreement. Staff
recommendation is a five year term with a five year extension if agreed upon by the City and
Tow Operator. The Tow Operator's requested a longer term to amortize their investment.
Staff feels the City should request new proposals after ten years to ensure the highest quality
of service to the citizen. The Committee considered two additional five-year extensions for a
total contract term of twenty years but deferred the matter for full City Council consideration.
towing1 -4- 6128/01 8:09 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 16, 2001 DEPARTMENT ID NUMBER: CA 00-12
Existing Police-Directed Tow Services
The police-directed tow operator permits of Mandic Motors and Best Towing expired early
May 1999.' The permit for Huntington Auto does not expire until August 9, 2002. The Police
Department has continued to use the three permitted tow operators to provide services.
Pursuant to the attached ordinance, the existing tow operators will continue to provide
service until the date the new agreements become effective, August 15, 2002.
Environmental Status: NA
Attachment(s):
NumberCity Clerk's
Page . Description
1 Ordinance amending HBMC §5.66 regulating police directed towing
services. 090, N0. 3 µqq
2. Legislative Draft of 5.66.
3. Resolution establishing rates for police directed towing.
ILES N0.1 901- 0-
4. Request for Qualifications.
5. Sample Tow Agreement.
RCA Author: McGrath
' Mandic Motors' permit expired 5/4/01; Best Towing's permit expired 5/1/01
towingl -5- 6/28101 8:09 AM
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMFkNDING CHAPTER 5.66 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
The Cit Council of the Cityof Huntington Beach does hereby ordain as follows:
g Y
SECTION 1. Section 5.66.010 of the Huntington Beach Municipal Code is hereby
amended to read as fol ws:
5.66.010 Scope of chapter. he provisions of this chapter shall apply to all persons and
businesses providing nonconsKment
sual police-directed vehicle tow service which is directed by the
Huntington Beach Police Dep whether established before or after the effective date
hereof.
SECTION 2. Section 5.66.0 0 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.020 Towing operation defined.
(a) As used in this Chapter, "towing op \ation" means the activity of towing and storing
of vehicles, and the performance of otheices incident thereto, for compensation
within the city of Huntington Beach whidirected by the Huntington Beach Police
Department without the consent of owner(s) o the vehicle at the direction of the
Huntington Beach Police Department. Such to ng shall include:
(1) Any official police impound garage and towing service\remuner
as designated the City
Council or its designee.
(2) Any police directed tow, including but noow from the scene
of an accident, arrest, or issuance of a citation
(b) The provisions of this Chapter shall not apply to tion:
(1) That provides tow service exclusively to sociation,
automobile club or similar organization, and r ion only from the
sponsoring association, automobile club or similar organization;
(2) That provides tow service without charge or fee for other vehicles\towi(ngg
operated by the individual or organization furnishing tow service;
(3) That provides tow service for other vehicles owned or operated by
individual or organization furnishing the tow service, but which are b
operated under terms of a rent or lease agreement or contract, and suc
01 ord/5-66 tow/6/26/01 1
performed on a nonprofit basis or said fee is a part of the rent or lease agreement
or contract;
(4) That provides exclusively consensual, nonemergency towing assignments
which include towing of vehicles that have been involved in a collision, but have
been removed from the scene; that have experienced mechanical failure, but have
been removed from the roadway and no longer constitute a hazard; or that, being
mechanically operative, are towed for convenience. All nonemergency towing
assignments require authorization from the registered owner, legal owner, driver,or other person in control of such vehicle, and/or
5) That rovi es tow service without the implied or express consent or
( p � P p
knowledge of the owner(s) of the vehicle which is not directed by the Huntington
Beach Police Department, including but not limited to towing initiated pursuant to
California Vehicle C\de Section 22658(a)[illegal parking on private property] and
Section 22953(b)[illegal parking within 15 feet of a fire hydrant, in a fire lane, or
in a stall designated for disabled person parking] and any similar or successor
statutes.
SECTION 3. Section 5.66.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows: I\
5.66.030 Agreement required. No person shall engage in, manage, conduct or operate a towing
operation as an official police impound garage and towing service or perform a police-directed
tow unless said person is either employed by or under an agreement with the City to provide said
services. The City Council shall approve any such agreement or amendment thereto.
SECTION 4. Section 5.66.035 of the Huntington Beach Municipal Code is hereby
Y
amended to read as follows:
5.66.035 Agreement - Terms and Conditions. The City shall select the persons or business(es)
that provide police impound garages and towing service pursuant to an open bidding procedure.
The selection procedure and standards shall provide at a minimum that:
a. No more than three persons or businesses entities shall be awarded a eements.
b. City shall use its best efforts to assign requests for towing services on the 151h and last
day of the month on a rotating schedule.
C. The Tow Operator shall be required to respond to the location specified in a all for
service within twenty(20) minutes after notification at least 95% of the time.
d. The Tow Operator shall maintain a tow storage yard within the City limits.
01 ord/5-66 tow/6/26/01 2
e. Tow Operator shall meet all insurance requirements as established by Resolution of the
City Council, in addition to insurance requirements as set forth in the Agreement.
f. The Agreement will be for a term of no more than five p
ears subject to an option for five
Y J
additional years.
SECTION 5. Section 5.66.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.66.170 Rates and char eg s--S\m ,,7Change of.
(a) Rates and charges for all tows and vehicle storage shall be established by Resolution
of the City Council of the City of�Huntington Beach. Written notice of proposed changes
shall be mailed to the affected t2s�ervices a minimum of forty-five (45) days prior to the
date set for City Council approval by the Chief of Police or his designee.
(b)No tow or storage fee charged shall be higher than the fees authorized by Resolution
of the City Council.
SECTION 6. The following sections of Chapter 5.66 have been deleted in their entirety:
5.66.040 Application for towing operation permit--Fee
5.66.050 Denial of towing operation permit
5.66.060 Tow unit operators--Permit required
5.66.070 Tow unit operators--Identification card
5.66.080 Application for tow unit operator permit--Fee
5.66.090 Denial of tow unit operator permit
5.66.100 Insurance required
5.66.110 Business location
5.66.120 Towing authorization
5.66.140 Itemized statement--When required
5.66.150 Vehicle repair or alteration--When permitted
5.66.160 Release of vehicle -
5.66.170 Rates and charges--Signs--Change of
5.66.180 Permits--Nontransferable
5.66.190 Change of ownership
5.66.200 Change of ownership--Application fee
5.66.210 Change of ownership--Action on
5.66.220 Permit for each location required
5.66.230 Change of location
5.66.240 Permit renewal
5.66.250 Towing service--Permit denial--Appeal
5.66.260 Permit suspension and revocation
5.66.270 Suspension or revocation--Grounds for
5.66.280 Appeal procedure
01 ord/5-66 tow/6/26/01 3
5.66.290 Appeal--Hearing
5.66.300 New application after denial or revocation
SECTION 7. The Police Department shall continue to employ the Tow Operators
p Y P
validly permitted to provide police-directed tow services prior to May 1, 2001, until August 15,
2002, on the same terms and conditions of service as effective on May 1, 2001.
SECTION 8. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof he d on the day of , 2001.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
77
City Attorney �pQ
REVIEWED AND PROV D: b' Y,61
"''IN k/m
I TED AND ROVED:
City Administrator 4(A. e
Chief o folice
01 ord/5-66 tow/6/26/01 4
ATTACHMENT 2
Ordinance No.
LEGISLATIVE DRAFT
Chapter 5.66
POLICE-DIRECTED MOTOR VEHICLE TOWING SERVICE
(Urg.Ord.2445-7/80,2789-9/85,3269-1/95,3330-6/96,3395-8/98,3481-1/01)
Sections:
5.66.010 Scope of chapter
5.66.020 Towing operation defined
5.66.030 Towing operation--Permit required
5.66-040 Appheation for towing operation Fee
5.66.050 Denial of towing operation pefmit
5.66.060 Tow unit operators P
c titi 070 Teyy unit operators ideaHt;_fie,+; ,,, ea f t
c titi non Denial f tow unit aperater- Fmi4
5.66.inn Insti..neer-equif:ed-
5.66.110 Business teea4io
5-66.14 temized statement When r-equifed
c 66 t 50 vot,;ele repair-or alteration When pemitted
c 66 t 60 Release f.,ehieto
5.66.170 Rates and charges--Signs--Change of
5.66�Deri ontr-anssferablz
5.66.200 Change of owner-ship Apphea4ionf—ft
5.66.210 Change of awnership-Aetion-on
5.66.230 Change of leeatio.n.
c 66 240 Po,mit r-enewa4
5.66.250 Towing sem4ee—gemit denial meal
5.66.310 Violation--Penalty
jmp/towing/mc566 2001/6/26/01 1
5.66.010 Scope of chapter. The provisions of this chapter shall apply to all persons and
businesses providing nonconsensual police-directed vehicle tow service which is
directed by the Huntington Beach Police Department whether established before or after
the effective date hereof. (urg.ova.2445-7/80,2789-9/85,3330-6/96,3481-1/01)
5.66.020 Towing operation defined.
(a)As used in this sChapter, "towing operation" means the activity of towing and
storing of vehicles, and the performance of other services incident thereto, for
compensation within the city of Huntington Beach which is directed by the
Huntington Beach Police Department without the consent of owner(s) of the
vehicle at the direction of the Huntington Beach Police
Department. Such towing shall include:(3330-6/96,3481-1/01)
(1) Any official police impound garage and towing service, as designated
by Y-es luti, the City Council or its designee. (3330-6/96)
(2) Any police directed tow, including but not limited to any tow from the
scene of an accident, arrest, or issuance of a citation; (3330-6/96,3481-1/01)
(b) The provisions of this sChapter shall not apply to any towing operation: (3330-
6/96,3481-1/01)
(1) That provides tow service exclusively to members of an association,
automobile club or similar organization, and receives remuneration only
from the sponsoring association, automobile club or similar organization;
(3330-6/96)
(2) That provides tow service without charge or fee for other vehicles
owned or operated by the individual or organization furnishing tow
service;(3330-6/96)
(3) That provides tow service for other vehicles owned or operated by the
individual or organization furnishing the tow service, but which are being
operated under terms of a rent or lease agreement or contract, and such
towing is performed on a nonprofit basis or said fee is a part of the rent or
lease agreement or contract;(3330-6/96)
(4) That provides exclusively consensual, nonemergency towing
assignments which include towing of vehicles that have been involved in a
collision, but have been removed from the scene; that have experienced
mechanical failure, but have been removed from the roadway and no
longer constitute a hazard; or that, being mechanically operative, are
towed for convenience. All nonemergency towing assignments require
authorization from the registered owner, legal owner, driver, or other
jmp/towing/mc566 2001/6/26/01 2
person in control of such vehicle, and/or(Urg.Ord.2445-7/80,2789-9/85,3330-6/96,
3481-01)
(5) That provides tow service without the implied or express consent or
knowledge of the owner(s) of the vehicle which is not directed by the
Huntington Beach Police Department, including but not limited to towing
initiated pursuant to California Vehicle Code Section 22658(a)[illegal
parking on private property] and Section 22953(b)[illegal parking within
15 feet of a fire hydrant, in a fire lane, or in a stall designated for disabled
person parking] and any similar Or*w4 successor statutes. (3481-1/01)
5.66.030 Towing opffation Pefmi4 Agreement required. No person shall engage in,
manage, conduct or operate a towing operation as an official police impound
garage and towing service or perform a police-directed tow unless said
person is either employed by or under an agreement with the City to
provide said services. The City Council shall approve any such
agreement or amendment thereto.
Peliee. (Urg.Ord.2445-7/80,2789-9/85)
5.66.035 Agreement - Terms and Conditions. The City shall select the
persons or business(es) that provide police impound garage and towing
services pursuant to an open bidding procedure. The selection
procedure and standards shall provide at a minimum that:
a. No more than three persons or businesses entities shall be
awarded agreements.
b. 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.
C. The Tow Operator shall be required to respond to the location
specified in a call for service within twenty (20) minutes after
notification at least 95% of the time.
d. The Tow Operator shall maintain a tow storage yard within the
City limits.
e. Tow Operator shall meet all insurance requirements as
established by Resolution of the City Council, in addition to
insurance requirements as set forth in the Agreement.
jmp/towing/mc566 2001/6/26/01 3
E The Agreement will be for a term of no more than five years
subject to an option for five additional years.
5.66.040 Appliea4ien for-towi afmit Fee. An appheation for-a towing
operation pefmit shall be filed with the Chief of Poke on fenns fumished by him, shall
be aeeempanied by a fee set by r-eseltition of the City Couneil, and shall eentain the
The name, date-vr-vxrcrr-driver's-ziccirJc imrrvcr business--and icsnxcircc
addresses;
business and r-esidenee0 wlapplieant, together-with engine(b) A deseriptien ef each tew tFuek er-other-vehiele proposed to be used by4he
and state
> >
!el The nafnes, .dates ofbiFtt,> addresses and .a,-;.,o,-s' l;eenso m ..be- . f a!
0 NN, 0 0;
5.66.050 Denial of ion pefmit. The Chief of
> or-his designeeeattse an investigation of the appliean4, and the applieation for-a pennit imay be denied on
any of the fellewing gatmds-.
jmp/towing/mc566 2001/6/26/01 4
or has a bad moral ..ha--a !rate habits `. a 1•.a .- „t.,tio far-tf tl,
(e) The ., oliea t ; per-son under-the age1 4 of eighteen( ) years;
(e) The applieant, his agent or- employee, or-any per-son eonneeted or assoeiate A
with the applieant as paft..er-, > >
has committed or-aided or-abetted in the eommission of any aet, or-aet o
0 0
(j The to l'v irb wntE$3S proposed by the apppliea +cccri , does iiet eerripr`p vd-iti-?rii
>but not limited to, health, zoning,
fire and safia�y.
(a)No per-son shall operate or-drive a tow tinitwithout a iit ffefa the Chief o
Dry
(b) N per-sofl shall be employed ., r to-ti t;l sue sueh time . said
oper-aten
operation of a tow unit shall eawy on his per-son a4 all times while so engaged, an
identifieation > issued by the Poliee Depai4ment,
identifying the bearer-as a tow unit
ear-d shall bear-the > > business address,
pefmittee, and the name and address of the gafage employing the and photograph of the
The ide t;f;... ien eafd shall be ottifned to the Poliee Tlepat4fne„4 ; edi toly up
operate. pefmit shall be filed wit h the Chief of Poliee on feffns fumished by him, shall b
> >
and shall eofitain the
following infonnatiew.
jmp/towing/mc566 2001/6/26/01 5
(a) The name, .l.,to of'bii4l, .lfiye,•'s lieenso number, r-esidenee .,.adfess and tl,o
business,name and addfess of his employer-;
oeettp >
odi tol.,,.feee. ing the date of the ., plie.,tie ifieltiding p fmit 1„stefy,
if any, as a tow tinit opera or-;
of D lice to ear-fy out the 13ttfpE)ses of this ..hapto,
G 66 090 hennal of tow unit o o The �f�lino, or-his designee
(a) The . „1;...,,,t ; unfit to be 4usto,l . ,;tb, the privilege5 ,. „te.l by s eh P fffl tof has a bad moral
> >
honesty or inteoty;
(b) The appliea-nt is a per-son under-the age of eighteen (18) yeafs-,
(d) The . pliea t has not eompleted .,11 portions of'the ., plie,t;o„n
(e) The applieant has eomfnitted or-aided or-abetted in the commission of a-my , -
et of omission, ..,1,ie if .,,,,•,;tt o eoe b ay Fm ttoa would be ground fn,(f) The plio,,,t does not possess a valid !''.,l;f:,,-,,;., !lfiye,-'s lieenso (27no_9/85)
opefation will!be issued of > >
designee, or his
a eei4ifieate of insufanee,
state, wr-itten by an insur-anee eempany admitted to do
business in this in minimum amoufas established by resolution of the City Gotmeil,
5.66.110 Business igg-g—jigop. Any per-son eondtieting a towing operation shall main4ain
(i i., Ord 2446 7igo 2789_ni85)
jmp/towing/mc566 2001/6/26/01 6
&,A%er-, dr-iver-, or-other-per-son in eontr-ol of said vehiele. Stieh authorization shall list the
shall be fumished to the per-son authorizing the tow, and shall list the nafne, address and
telephone ntimber-of the towing operation business and the days and hours the business is
open for-release of vehieles. Stieh eepy shall also be signed by the tow unit oper-ato
5.66.140 Itemized statement When r-equir-ed. A pefmittee her-eunder- shall fufflish to the-
peFson authorizing the towing
or-his nized statement of sen4e
> >
ehar- es made theyrefer upon the r est of-
(a) The registered 7
(b) The legal a or, .,
0eaffier- either- or- y,
(d) The duly auther-ized agent of any of the foregoing.
The pefmittee shall furnish a eopy of sueh statement to any per-son atithor-ized to
5.66.150 Vehiele r-epair-or-alteration When ptfpjjtt�d. No permittee shall make any
> > >
authorized agent of any of the for-egoing. Pafts of aeeesser-ies shall not be r-emoved fFem
any vehiele without authorization exeept as neeessafy for-seetir-ity pur-poses. Under-sue
esir-eumstanees, the parts or- aeeessor-ies r-effieved shall be listed on the itemized stateffient.
and ster-ed in the business offiee. This seetion shall not be eenstfued as prohibiting
f. a oL,; to �i i, n.a �nn�7iQn �7an_niuG�
5.66.160 Release of vehiele. A t&x operation pefmittee shall pr-evide for-release of
.,
helidays. Pefmittees may additionally release vehieles en ether days an. . (339.5-8i91)
Poke,Upon appheation to the Chief of designee,
and a showing Of hardship by the
pofmittee, an adjustment in the days and hetir-s during whieh vehieles may be released
may be .,`lo
5.66.170 Rates and charges--Signs--Change of.
(a)Rates and charges for all tows and vehicle storage shall be established by
rResolution of the City Council of the City of Huntington Beach. Written notice
of proposed changes shall be mailed to the affected tow services a minimum of
j mp/towing/mc566 2001/6/26/01 7
forty-five (45) days prior to the date set for City Council approval by the Chief of
Police or his designee. (3395-8/98)
(b) A temA, e. I i nittee shall post and maintain a list of the rates a
where ettstemer-finaneial tr-ansaefiens take plaee. Sueh list shall have letters
(33s5-&s8)
(e)(b)No tow or storage fee charged shall be higher than the fees authorized by
rResolution of the City Council. (3395-8/98)
PFE)3946
issued is sold or-tr-ansfeffed to efie of t — ka....'-.ees listed in this seetion, the Ghiefef
applieation by the transferee. On!),the fellowing tr-a-flsfefees or-sueeessor-s shall
entitled to stieh transfer-of pefn+W
(a) Duly qualified r-epr-esentatives of pefmittees regularly appointed by eour-ts 0
ir-isdietion, assipees for-the benefit of er-editer-s, and spettses Of
0eensistingmemberspr-epaf ,
pitts their spouse or- spottses of any stteh members.
teal po „ttee for the pur-pose of.,..qui-inn, ,.1 ieh has ., ,-e the
-Assets A-i- ahe business pr-eviettsly owned and operated by stteh peFmittee.
(e) Upon dissolution of'., elesel,.heI4 . f do the st.,ekhol.do, to .,,1,.,.,-, the
assets are .dirt,-ib terl
5.66.200 GhanRe of owner-ship Am3heati fee. A transferee or-sueeessaf entitled to
transfer-of pefmit must file an applieation for- stteh transfer-with the Chief of Pei
within thifty(30) days after-he assumes eentr-el of the towing operation. The Chi
j mphowing/mc566 2001/6/26/01 8
t 66 21 0 rb,.,„ge of qwner-ship=Aetion on.. The Chief of Poliee shall tr-ansfef the
to an applieant entitled to stie" finds that the tr-ansfer-will not adver-se4y
affect the ro
safety, eenvenienee and general welfare of the publie,
and the transferee possesses
towing operation at a lee ion other-than the loeation speeified in the w%_o d-24
7/8e,2789 9/85)
designee,Chief of 12oliee, er-his uponwfitten appliea4ion by a pefmittee,
aeeomp-anied by
7789-9.185) ,
renewed en a year- to year basis' 4it..a thm mfinue te meet the
tow unit o ,-.,te- shall be set by esol„tio of the City!-'o,,., 4 Rao q/w
I.senlige PeFmit denial Appt6. if the Chief of Poliee, following
investigation of the applieant, finds that the applieant does tiot meet the r-equir-ements set
mail of sueh denial. Ajiy applieant�who is denied a pefmit by the Chief of Peii I
appeal stieh denial to the City Administfater-, pur-stiant to the pr-ovisions of this ehapter,
(2799-9/85)
> designee, may,
based on evidenee that any provision of this ehapter has been viOlated, suspend Or-r-e;,,O!Ee
a pefmit. The pefmittee shall be pr-ovided vvithwr-itten notiee by first elass mail, postage
1, of sueh Suspension or-r-eveeation. The pefmittee may file an appeal with the Cit)
within fifteen (15) days of the date of mailing of the netiee of denial, sus,
ti I the appeal ; timely filed, .,tiAp mob.,ll not 0 , o te event is
the �
designee, ts provided elsewher-e in
hapto,- if no appeal ;s e o � ,t; ,,, shallb.o..eme effeetiye,filed, tb, o
expiration of the period fef filing appeals. (UFg.Qrd.2445 7M,27-89-9i85)
Fevoeat>on of a pefmit, issued under-the pr-oyiSieisef this ehap 2 ,, if any pefl ittee,his
ubvrr employeeper-sonor-any eer-opmeeteda ,
teeter;offieer-, steekholder-,-gener manager-, or-per-son }he is exec g goal
authority of or-on behalf of the pofmittee has-
jmp/towing/mc566 2001/6/26/01 9
(a) Kno:wingly made any false, misleading or- fr-atidulent statement of a material
fact ; an ,.1; do for- ,.Y,;* an),r-epeft o feeor-dr-equir-ed to 1,e 4;10 a
aeti-vit}-,-ew
false,(e) Been eenvieted of a felon), invelving theft or embezzlement; e
(e) Conmnitted an),unlawful, >
deeeptive or-dangerous aetwhile
(f) Published, utteFed or-disseminated any false, deeeptive or-misleading
statements or-advei4isements in eenneetion with the oper-ation-(
(g) Violated an),fule or-regulation adopted by the City Couneil r-elating to
,moofmittee's business o et;,,;ty; e
(h) Willfully failed to e ply w tl, the toffs of any „t,-aet made . a paA of the
exer-eise of the towing operation; o
(i) Condueted the towing operation in a manfier-eentr-afy to the peace, health-,
safety and general welfare of the ieof
Operated a-tow unit without valid Calif6r is dri Le1='s license, OF WheH sU66 i
suspendedlieense has been er- 0 ,
(C) The pennitt e, his agents or-employees, obtained rca tow eentruEt by tise o
(1) The pefmittee, his „ts or-employees, stopped soiieitccid on any stFccr,
disabled vehiele without first being r-equested to do so emeept to fender- emer-gene
aid when there exists ., imminent o life, 1 t« o e o pr-opefty; of.
phis ., ,mot t rl 1 the f
me 3ete , oi-eioyce`r-ro=dr'ccrc'Ybte�iiE�G'itoirrocirtl6irvcn�z
per-sonthan listed as the business address of sueh pefmittee without first r-eeeivift
authorization to de so by the authofizing the tow;
(n) The pefmittee, agent or-employees,after-tong a vehicle to the business
leeation for-storage; o
jmp/towing/mc566 2001/6/26/01 10
(a) The permittee, his agents or- employees, have eenspiFed with any per-son to
false eF deeepti=e statements Felatingto stiEk towing oF stoFage o
( The pe ttee, his agents o employees, r-emoved " ,ehiele involved ;
peFfefmed, E)t employed oF used, setwiees oF equipment not needed, eF.
c 66 280 Appel p o, uFe
(a) The City AdministFator-, oF his designee, shall sehedule a hearing to be
within fifteen (15) days afteF the filing of the notiee of appeal.
l Notiee of the date, t""e and .<laee of the hearing shall be mailed, postage
prepaid, a4 least ten (10) days pFier-thereto to the —t the addfess given i
the notiee of appeal, or-if none is address set foi4h in the pefmit
ae-atiorr
(,.) The r;ty A,l,, inistFatar, e his designee, i his sale ,1;s,.,.otio , „, grant
deny eentintianees; may dissolve stays of pending E)Fder-s of denial, stispe
,,,,1 .,, appoint outside Hearing nff;"o..s
designee, shall detefffiine,
issued, Feinstated,
final.suspended
or-Fevoked. The deeision of the City Administra4eF, or his designee, shall be
implementing the pFevisions of this seetion. (27-89-919,5
5_6c'. t (1 Appeal L7o.,,-pg Tl'eTeiiow7ng rules ofevi enee shall appi
Offieer-shall have atithority to administer-oaths, and tO Feeeive nel null e on-
admissibility of evidenee,
jmp/towing/mc566 2001/6/26/01 11
(e) Teehnieal fules relating to evidenee and witnesses shall not apply to hearings
pr-ev;,le,l for-herein. Any relevant a ,;.lenee may he admitted ;f it; ate,-;al and ;
;,lenee , ist,,m a-4 , elie „ 1.y responsibleper-sons the e „duet oftheif
affairs regardless of the ste ,fa eenimen la or- statute ,le i,h;nh
might make admission of stteh evide" . . . over-objeetion in eivil aetions.
Hear-say test;meny ma..he used for-the purpose of supplementing o rlai i r
any evidenee given in diFeet examination, but shall not be suffleient in its
suppeA a finding ,-.le stieh test;m .lrl he admissibleever-objeeti
eivil aetions The f les ofp-iy lege shall he rl cable to the extent that the),ne'i,_
,
or are hereafter-pefmttted in civil-adios'irs-and iffeleyant, ee 1rraceffll,=undue
and-
repetitious testimony shall he el,,.le,l qT& ww
5.66.300 New applieation after-denial or-r-evaeatien. When the pefmit of any peFs
revoked er denied for-eause, no new or-other-appheation fer-a pennit from the same
per-son shall be aeeep4ed within one (1) year-after-sueh reveeation or-denial Unles
-9/85)
5.66.310 Violation--Penalty. Any person violating any provision of this chapter shall be
guilty of a MISDEMEANOR and upon conviction thereof shall be punished by a fine of
not more than five hundred dollars ($500) or by imprisonment in the county jail for a
period not to exceed six (6) months, or by both such fine and imprisonment, and each
such person shall be guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this chapter is committed,
continued, or permitted. (Urg.Ord.2445-7/80,2789-9/85)
jmp/towing/mc566 2001/6/26/01 12
ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE FOR
POLICE DIRECTED TOWING SERVICES AND GARAGE IMPOUNDS
WHEREAS, Huntington Beach Municipal Code Section 5.66.170 authorizes the City to
establish maximum charges for police-directed towing services and garage impounds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that the maximum charge for police-directed towing services and garage impounds as
set forth in Exhibit "A" attached hereto and by this reference made a part hereof; and
BE IT FURTHER RESOLVED that the fees and amendments set out in Resolution No.
5159 as amended, relating to the maximum charges for police directed towing services and
garage impound services shall be deleted.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 2001.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
X-Afl- , il/az'/C61
0 City Attorney
REVIEWE AND APPROV 6C/�
o/"P. INITI D AND APP ED:
W/6*
City Administrator (/Zg
P lce Chief
jmp/k/resol ution/towfee2/6/8/01
EXHIBIT A
Basic Tow Service (standard sling or wheel lift truck) $90.00
Medium Duty or Flatbed Request $105.00
Heavy Duty (3) Axle or larger $150.00
Two Ton $120.00
Dolly $38.00
Rollover minimum $38.00
Drop Linkage $30.00
Clean-up fee $35.00
Hazmat fee, per 5 gallon bucket $75.00
Winching per hour $100.00
Vehicle Storage
Vehicles Outside - per day $25.00
Vehicles Inside - per day $30.00
Motorcycles Outside - per day $15.00
Motorcycles Inside - per day $20.00
Truck or Motorhomes (larger than 20') $30.00 minumum
Vehicles stored as Evidence - outside $13.00
Vehicles stored as Evidence - inside $18.00
Motorcycles as Evidence stored - outside $8.00
Motorcycles as Evidence stored - inside $10.00
After hours release
5:00 p.m. - Midnight; $40.00
Midnight - 8:00 a.m. $55.00
Minimum Service Call or Drop Fee $45.00
ALL OF THE ABOVE RATES ARE DOUBLED IF THE TOW
OPERATOR HAS TO WORK IN WATER ABOVE THE KNEES
j mp/k/resol ut ion/towfee2/6/7/01
ATTACHMENT #4
CITY OF HUNTINGTON BEACH
Police-Daucted Towing&Storage Services RFQ
July,2001
Page 1
CITY OF HUNTINGTON BEACH
POLICE DEPARTMENT
REQUEST FOR QUALIFICATIONS
for
Police-Directed'bowing and Storage Services
,20
PROPOSAL SUBMITTALS: Responses to the Request for Qualifications (RFQ) are to be
submitted to:
Mr. (insert name)
Police Department
City of Huntington Beach
City Hall
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
no later than 4:00 P. M. on ,20_. copies of the proposal shall be submitted
in a sealed envelope and marked: "Proposal for Towing & Storage Services". Proposals
received after the specified time will not be accepted and will be returned
unopened. Questions regarding this request may be addressed to at
714/ or at 714/
INDEX
SECTION PAGE
I. Introduction
II. Schedule of Events
III. Scope of Work
IV. Proposal Requirements
V. General Requirements
VI. Tow Operator Evaluation & Selection Process
I. INTRODUCTION
The City of Huntington Beach Police Department, is requesting proposals from qualified Tow
Operators for towing and storage services in connection with vehicles which have been
determined to be a public nuisance pursuant to Chapter 10.08 of the Huntington Beach
Municipal Code, or which are in violation of statutes and ordinances relating to parking,
traffic, and law enforcement. The City intends to select up to three qualified Tow Operators.
1
j mp/towi ng/props1/06/08/01
CITY OF HUNTINGTON BEACH
Police Directed Towing&Storage Services RFQ
July,2001
Page 2
II. SCHEDULE OF EVENTS
12001 Issuance of Request for Qualifications
12001 Proposals due at City Hall by 4:00 P.M.
, 2001 Execution of Tow Operator Agreement(s)
III. SCOPE OF WORK
Although the City in its RFQ attempted to identify the limits and services required, this
should not constrain the Tow Operator in the development of a scope they believe is necessary
to meet the City's objectives. The City will be receptive to innovative or alternative scopes of
services.
Services to be provided by the Tow Operator shall include:
A. Tow Operator shall tow police vehicles without charge.
B. Tow Operator shall not bill the City a fee in excess of$35.00 for any clean-up request
resulting from a traffic collision where there is not a tow, unless otherwise approved.
C. Tow operator shall maintain its storage yard a"designated public garage" with 24-hour
access pursuant to California Vehicle Code,Section 22658.
D. Tow operator shall respond within twenty minutes to a request for service from the
HBPD.
E. Tow Operator shall change rates, fees and charges as set by resolution of the City
Council. (See Attached Exhibit A.)
IV. PROPOSAL REQUIREMENTS
Although no specific format is required by the City, this section is intended to provide
guidelines to the Tow Operator regarding features which the City will look for and expect to be
included in the proposal.
1. Content & Format
The City requests that proposals submitted be organized and presented in a neat and.
logical format and be relevant to these services. Tow Operator's proposals shall be
clear, accurate, and comprehensive. Excessive or irrelevant material will not be
favorably received.
Proposals shall contain no more than 20 typed pages using a 10 point minimum font
size, including transmittal/offer letter and resumes of key people, but excluding
Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these
restrictions is to minimize the costs of proposal preparation and to ensure that the
response to the RFQ is fully relevant to the project.
The proposal should include the following:
• Transmittal/offer letter.
• Page numbering.
• Index/Table of Contents.
• Approach to the Scope of Work.
• Descriptions of similar agreements with other entities.
• Brief resumes of key staff.
2
j mp/towi ng/propsl/06/08/01
CITY OF HUNTINGTON BEACH
Police-DirwW Towing&Storage Services RFQ
July,2001
Page 3
• Description of minimum Qualifications and Experience as described below.
2. Scope of Services
A description of the services to be provided shall be included in this section. It should
explain the approach, methodology, and specific tasks and activities that will be
performed to address the specific issues and work items identified in the RFQ. It
should also include a discussion of constraints, problems, and issues that should be
anticipated during the contract, and suggestions for approaches to resolving them.
3. Minimum Experience and Qualifications
A. Previous towing and storage experience with at least two entities, private or
public. Experience with the City of Huntington Beach may be included.
B. A minimum of 10 years experience in providing towing and storage service.
C. Maintenance of tow storage yard which meets the following conditions:
(1)capable of storing up to 200 vehicles at one time and complying with all City
Codes, including indoor vehicle storage space sufficient to
accommodate a minimum of three vehicles;
(2)located within the City of Huntington Beach city limits;
(3)includes an office on-site;
(4)provides 24-hour access; and
(5)meets all zoning, building and fire codes.'
D. Maintenance of 6 tow vehicles, including 2 flat bed, 3 wheel lift and 1
tow vehicle with a GVWR of at least 14,000 lbs.
E. Demonstrated ability to respond within 20 minutes of request by the City.
F. Permits and Licenses as required by state and/or City, including zoning, fire,
and building.
4. Statement of Qualifications
The information requested in this section should describe the qualifications of the Tow
A. Should Tow Operator meet or exceed all lot requirements,Tow Operator shall be permitted to
commence services under the 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,or does not meet all of the lot requirements,Tow Operator shall be
permitted to commence services under this Agreement upon execution;however,Tow Operator will be
required to comply with all applicable lot requirements within eighteen(18)months of execution of the
Agreement,pursuant to the terms of the Agreement.
C.Should Tow Operator establish evidence of an ownership or leasehold interest in a parcel which is capable
of use as a lot which meets all the zoning and lot requirements,Tow Operator may not commence services
under the Agreement unless and until all zoning and lot requirements are met,which must occur within
eighteen(18)months of execution of the Agreement,pursuant to the terms of the Agreement.
3
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CITY OF HUNTINGTON BEACH
Pohce-Dumted Towing&Storage Selvices RFQ
July,2001
Page 4
Operator in performing similar services to other public entities within the past five
years to demonstrate competence to perform these services. The services listed should
be those that the key staff service to the City of Huntington Beach were responsible for
performing services. Information shall include:
• The name, date of birth, driver's license number, business and residence
addresses of the applicant, if a natural person; or if a corporation, its name,
date and place of incorporation, address of its principal place of business,
and the names of its principal officers, together with their respective
residence addresses; or if a partnership, association or unincorporated
company, the names of the partners, or of the persons comprising such
association or company, and the business and residence of each partner or
person;
• A description of each tow truck or other vehicle proposed to be used by the
applicant, vehicle identification number, and state vehicle license number
thereon;
• The names, dates of birth, addresses and drivers'license numbers of all tow
truck operators employed by the applicant;
• The business, occupation, or employment history of the applicant for three
(3) years immediately preceding the date of the application, including if
applicable, the business license and permit history while operating as a tow
service;
• All criminal convictions or proceedings in which a plea of guilty or nolo
contendere was entered, including vehicle code violations.
• Names of key staff that participated in providing said services and their specific
responsibilities.
• The public entity's.name, contact person, addresses, and telephone numbers.
• A brief description of type and extent of services provided.
• Service dates (estimated, if not yet completed).
There should be included in the section brief resumes of key personnel who will
provide these services demonstrating their qualifications and experience. Resumes
should highlight education, experience, licenses, relevant experience, and specific
responsibilities for services described.
V. GENERAL REQUIREMENTS
1. Insurance Requirements
The Tow Operator shall furnish with the proposal proof of the following
minimum insurance coverage. These minimum levels of coverage are required to
be maintained for the duration of the Agreement:
A. General Liability Coverage - $1,000,000 per occurrence for bodily injury and
property damage. If Commercial General Liability Insurance or other form
with a general limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
4
j mp/towing/props)/06/08/01
CITY OF HUNTINGTON BEACH
Police-Directed Towing&Storage Services RFQ
July,2001
Page 5
B. Worker's Compensation Coverage : State statutory limits.
C. Automobile Liability Insurance - One Million Dollars ($1,000,000) combined
single limit coverage, per occurrence, covering all vehicles used by Tow
Operator
D. "On-Hook" Liability Insurance - One-Hundred Thousand Dollars
($100,000).
E. Garaoe Keeper's Liability Insurance - Two-Hundred Thousand Dollars
($200,000) combined single limit coverage.
Deductibles, Self-Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications, must be declared to and approved by the
City of Huntington Beach.
A sample certificate is included as Attachment B.
The Tow Operator is encouraged to contact its insurance carriers during the
proposal stage to ensure that the insurance requirements can be met if selected for
negotiation of a contract agreement.
2. Letter of Credit
The Tow Operator shall furnish a letter of credit in the amount of$50,000 in a form
acceptable to the City Attorney's Office concurrently with the effective date of the
Agreement.
3. Standard Form of Agreement
The Tow Operator will enter into an agreement with the City based upon the contents
of the RFQ and the Tow Operator's proposal. The City's standard form of agreement is
included as Attachment C. The Tow Operator shall carefully review the
agreement, especially in regards to the indemnity and insurance provisions,
and include with the proposal a description of any exceptions requested to
the standard contract. If there are no exceptions, a statement to that effect
shall be included in the proposal.
4.. Disclaimer
This RFQ does not commit the City to award a contract, or to pay any costs incurred in
the preparation of the proposal. The City reserves the right to extend the due date for
the proposal, to accept or reject any or all proposals received as a result of this request,
to negotiate with any qualified Tow Operator, or to cancel this RFQ in part or in its
entirety. The City may require the selected Tow Operator to participate in
negotiations and to submit such technical, fee, or other revisions of their proposals as
may result from negotiations.
5
j mp/towing/propsl/06/08/01
CITY OF HUNTINGTON BEACH
Police-DffwW Towing&Storage Services RFQ
July,2001
Page 6
5. Assigned Representatives
The City will assign a responsible representative to administer the contract, and to
assist the Tow Operator in obtaining information. The Tow Operator also shall assign
a responsible representative and an alternate, who shall be identified in the proposal.
The Tow Operator's representative will remain in responsible charge of the Tow
Operator's duties. If the Tow Operator's primary representative should be unable to
continue with the in that position, then the alternate representative identified in the
proposal shall do so. Any substitution of representatives or subconsultants identified
in the proposal shall first be approved in writing by the City's representative. The City
reserves the right to review and approve/disapprove all key staff and subconsultant
substitution or removal, and may consider such changes not approved to be a breach of
contract.
VI. TOW OPERATOR EVALUATION & SELECTION PROCESS
The following criteria will be used in evaluating the Tow Operator's proposals using a point
value system (100 points)based on the weighting indicated below.
1. Grasp of the service requirements including identification of critical elements and
key issues. (10 points)
2. Technical approach and work plan for the services, including innovative
approaches. (20 points)
3. Qualifications and experience of the project manager, other key individuals, and
subconsultants. (50 points)
4. Results of reference checks. (10 points) Reference checks will only be conducted for
a short list of firms or the top rated firm.
5. Clarity of proposal. (5 points)
6. Compliance with proposal requirements including the 20 page limitation. (5 points)
The City may elect to interview a short list of qualified applicants or to interview only the top
rated applicants based on the proposals submitted for the project.
The City staff will negotiate a contract with the best qualified firm(s) for the desired services.
Should the City staff be unable to negotiate a satisfactory contract with the firm considered to
be the most qualified, negotiations with that firm shall be formally terminated. Negotiations
will then be undertaken with the next most qualified firm. Failing accord with the second
most qualified firm, the City staff will terminate negotiations and continue the negotiation
process with the next most qualified firms in order of their evaluation ranking until an
agreement is reached and a firm(s) is selected and an agreement(s) is executed.
ATTACHMENTS
Attachment A Resolution establishing rates for Police Directed Towing & Storage
Services
Attachment B Sample City Contract
Attachment C Sample Insurance Certificates
Attachment D Non-Collusion Affidavit
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ATTACHMENT #5
SAMPLE
AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FOR
POLICE DIRECTED TOWING AND STORAGE SERVICES
THIS POLICE DIRECTED TOWING AND STORAGE AGREEMENT
("Agreement") is made and entered into this day of , 2001, by and between the
CITY OF HUNTINGTON BEACH , a municipal corporation (hereinafter "City" ), and
, a (hereinafter "Tow Operator"),
located at
WHEREAS, the City requires, from time to time, towing and storage services in
connection with vehicles which have been determined to be a public nuisance pursuant
to Chapter 10.08 of the Huntington Beach Municipal Code, or which are in violation of
statutes and ordinances relating to parking, traffic, and law enforcement; and
Tow Operator represents that it has the managerial and operating personnel and
the facilities and equipment necessary to provide the required vehicle towing and
storage services to the City on the terms and conditions herein after set forth.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions herein contained, the parties agree as follows:
1. 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
Such services shall be performed in a prompt, efficient, and orderly
manner following notification by the City's representative, or by any other
authorized officer or employee of the City.
2. DUTIES OF TOW OPERATOR
A. Shall respond to the location requested by the City within twenty (20)
minutes of receipt of a call from City. If Tow Operator is not able to
respond within the aforementioned response time, it shall notify the City
immediately advising the City of the expected time of arrival (ETA). If the
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ETA is unacceptable to the City, the City reserves the right to contact an
alternate towing Tow Operator to provide the service.
B. Provide deployment of trucks for special events such as DUI check points,
street fair and/or parades as requested periodically. Tow Operator shall
have the capability with pre-approved subcontractors (pursuant to Section
25 herein), to tow up to 100 vehicles in a five (5) hour period for said
special events. Such events will be coordinated with the Tow Operator at
least 24 hours in advance. The City reserves the right to assign all
contract tow services to a "special event" if required by the size of the
event and number of vehicles to be towed.
C. Shall not perform any work or services upon any impounded
vehicle without first obtaining the owner's written consent to such
work or services. Parts or accessories shall not be removed from
any vehicle without authorization except as necessary for security
purposes. Under such circumstances, the parts or accessories
removed shall be listed on the itemized statement and stored in the
business office. This Section shall not be construed as prohibiting
permittees from making emergency alterations necessary to permit
the removal by towing of such vehicle.
D. Shall not solicit or receive any contracts or purchase orders for repairs on
an impounded vehicle from an owner until the vehicle has been released
by the Chief of Police, or his designee.
E. Shall safeguard all vehicles and other property placed in its possession
pursuant to the Agreement. The indemnification set forth in this
Agreement shall be applicable to all claims or demands attributable to or
arising out of Tow Operator's possession, control and handling of such
vehicles and property.
F. Shall not bill the City a fee in excess of the rate established by resolution
of the City Council for any clean up request resulting from a traffic collision
where there is no tow service required, unless otherwise approved.
G. Shall maintain a "Designated Public Garage" with 24 hour access for
acceptance of tows for storage pursuant to California Vehicle Code
Section 22658. Tow Operator may charge a reasonable gate fee for
vehicle drop-off between 5:00 p.m. and 8:00 a.m. Tow Operator shall pay
non-consensual tow operator for tow service within two (2) business days
of receipt of tow.
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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. 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 Chief of
Police, or his designee.
4. Shall not remove any vehicle from the storage facilities without
written authorization from an authorized officer or employee of the
City with the exception of private impounds.
5. Be available to accept vehicles 24 hours a day, 7 days a week, 365
days a year, towed pursuant to California Vehicle Code Section
22658.
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B. Tow Operator's Office must:
1. Be posted with a sign listing the rates and charges of all towing and
storage services offered. Such sign shall be conspicuously placed
in the office or other places where customer financial transactions
take place.
2. Be located within the City of Huntington Beach city limits, with a
sign posted including the company name, address, phone number
and hours of operation, to 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 15, 2002.
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B. Submittal of all requisite permits and appropriate fees to the City's
Building Department no later than August 15, 2003.
C. Issuance of a certificate of occupancy and completion of a final inspection
no later than February 15, 2004.
Failure to submit the requisite evidence as defined above will constitute a breach of
contract subject to termination pursuant to Section 11 of this Agreement. The Chief of
Police may authorize a reasonable extension based on a demonstration of good faith
by the Tow Operator.
6. RELEASE OF IMPOUNDED VEHICLES.
A. Tow Operator shall release impounded vehicles only upon presentation of
an official Police Department Release signed by an authorized officer or
employee of the City's Police Department or upon verbal approval by an
authorized officer or employee of the City's Police Department.
B. Tow Operator shall ensure that vehicles are available for release from
impound and storage 24 hours a day, 7 days a week, 365 days a year.
Tow Operator must clearly mark its storage facility with a telephone
number to call if release is requested after normal working hours. Normal
working hours shall be from 0800 hours to 1700 hours, Monday through
Friday, with the only exception being on Officially recognized holidays.
C. Tow Operator shall advise the Records Bureau of the Police Department
of all vehicles impounded by the Police Department and not released after
thirty (30) days after the conclusion of the tow rotation. Tow Operator
shall identify such vehicles by year, make, model, color, license and
vehicle identification number, and shall comply with Section 10652-of the
Vehicle Code by notifying the California Highway Patrol, Sacramento,
California, by receipt mail.
D. If Tow Operator fails to give the notice referred to in Section 10652 of the
Vehicle Code, the indemnification provisions of this Agreement shall apply
to all claims, demands or suits against the City attributable to or arising
out of such failure.
E. Tow Operator will, at the request of the City, release any vehicle from
storage and/or impound at no cost to the registered owner, unless such
liability or responsibility has been acknowledged by the Chief of Police, or
unless such liability or responsibility is imposed by law.
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7. TOW OPERATOR'S EQUIPMENT.
A. Tow Operator shall have available a minimum of six (6) tow trucks
permanently stationed in the City during the Tow Operator's rotation, and
drivers, 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.
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L. Tow Operator shall submit at any reasonable time to a Police Department
inspection of all drivers, vehicles, equipment and yards. Such an
inspection is required prior to the renewal of any contract.
8. CONTRACTOR'S PERSONNEL
A. All personnel must possess the proper State of California Driver's License
required to operate all vehicles and equipment required to be used in the
performance of the contract.
B. Prior to engaging the services of any driver, Tow Operator shall provide
such driver copies of all applicable provisions of the Vehicle Code relating
to vehicle towing and storage services. In addition, all personnel shall be
thoroughly trained in the proper and safe use of all equipment used in
doing the necessary work.
C. Tow Operator's business operations shall be conducted at all times in an
orderly, ethical and courteous manner, and Tow Operator shall use its
best efforts to secure and maintain the confidence of vehicle owners and
operators. Any and all complaints filed with the Police Department, by a
vehicle owner, operator or other patron, against Tow Operator's business
operation or employee, shall be thoroughly investigated. At the
conclusion of the investigation a recommendation of action shall be
forwarded from the Chief of Police to the City Manager's Office for
approval by the City Council.
D. All towing services performed under this contract shall,be.at the direction
of the City representative at the scene.
E. All personnel shall wear uniforms which bear the name of the individual
and the towing company in a conspicuous place on the uniform.
F. All current and future personnel performing services for the City
under this contract, prior to commencing work for the City shall: (1)
be fingerprinted and photographed by the Huntington Beach Police;
and (2) submit the following information to the Huntington Beach
Police Department:
1. Name, date of birth, driver's license number, and residence
address;
2. The business, occupation, or employment history for three
(3) years immediately preceding the date of the application,
including permit history; and
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3. All criminal convictions or proceedings in which a plea of
guilty or nolo contendere was entered, including Vehicle
Code violations;
G. All personnel shall be fluent in the English language.
H. The Chief of Police, reserves the right to refuse personnel from
performing services under this Agreement if, in the reasonable
belief of the Chief of Police, the individual:
1. is unfit to be trusted with the privileges granted by said
Agreement or has a bad moral character, intemperate habits
or a bad reputation for truth, honesty or integrity; or
2. is a person under the age of eighteen (18) years; or
3. has made a material misrepresentation in his application; or
4. has committed or aided or abetted in the commission of any
act, or act of omission, which if committed by a permittee
would be grounds for suspension or revocation of a permit;
or
5. does not possess a valid California driver's license.
9. ROTATING SCHEDULE FOR SERVICE CALLS.
A: If, pursuant to other agreements, the,City utilizes.vehicle towing and
storage services in addition to those provided by Tow Operator, Cit� shall
use its best efforts to assign requests for towing services on the 15 and
last day of the month on a rotating schedule.
B. Tow Operator agrees to respond to the location specified in a call for
service within twenty (20) minutes after notification by the Police
Department.
C. If Tow Operator fails to arrive at the location specified in the call for
service within twenty (20) minutes, the Police Department will notify Tow
Operator of cancellation on that call for service. The next Tow Operator
on the rotating schedule will then be notified.
D. The City reserves the right to use any towing and storage services,
whether or not pursuant to prior agreement, in the event of any
emergency or calamity or when contracted services are unavailable for
any reason.
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10. TERM OF AGREEMENT.
The term of this Agreement shall commence on August 15, 2002, and shall
continue for a period not to exceed five (5) years with an option for five (5) additional
years upon the agreement of both the City and Tow Operator, or upon termination by
either party, whichever occurs first. Performance under this Agreement shall not
commence until the Tow Operator has obtained the City's approval of the insurance
and surety bond required by this Agreement.
11. BREACH OF AGREEMENT; GROUNDS FOR ASSESSMENT OF PENALTIES
AND AGREEMENT TERMINATION
A. The City reserves the right to terminate any Agreement or assess
damages or penalties against the Tow Operator in the event of a material
breach of any of the Agreement terms, or any material term of any
applicable federal , state or local statute or regulation, which breach is not
cured following written notice and a reasonable opportunity to cure.
Breaches which are grounds for termination include, but are not limited to:
1. If the Tow Operator practices, or attempts to practice, any fraud or
deceit upon the City.
2. If the Tow Operator becomes insolvent, unable or unwilling to pay
its debts, or upon listing of an order for relief in favor of Tow
Operator in a bankruptcy proceeding.
3. If the Tow Operator materially fails to meet the customer service
standards established in the Ordinance 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.
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12. PROCEDURE FOR ADJUDICATION OF BREACHES OF THE AGREEMENT:
A. Prior to imposing any sanction or penalty, including termination of the
Agreement upon the Tow Operator, the Chief of Police shall give the Tow
Operator notice of the breach and a reasonable period to correct it.
B. The Chief of Police shall establish a reasonable notice of cure period.
The notice to cure period shall be a minimum of thirty (30) days in all
cases (except in cases of emergency where a shorter time may be
prescribed consistent with the nature of the emergency). If the breach is
not timely cured, the Chief of Police shall cause to be noticed a public
hearing before the City Council (or refer the matter to a hearing officer,
who shall make a recommendation to the City Council) on whether there
has been a material breach of the Agreement, and the appropriate
penalty.
13. HEARING PROCEDURE
A. A full evidentiary public hearing shall be held to determine if the Tow
Operator materially breached the Agreement, and what penalty shall be
imposed.
B. The evidentiary hearing shall be conducted upon a minimum of fourteen
(14) days written notice duly given to Tow Operator and published notice
provided to the public. Tow Operator may present relevant and
appropriate evidence, orally and in documented form. Based on the
evidence presented at the hearing, a written determination shall be made
whether the Agreement should be revoked-or the Tow Operator should be
penalized. The hearing body may make any other determinations which
are reasonably related to the Agreement.
C. Should the hearing body find that there has been a material breach of the
Agreement, but that revocation is inappropriate, then it may assess and
levy monetary penalties against Tow Operator as set forth in this
Agreement.
D. Tow Operator shall receive written notice of any action taken following the
hearing.
E. Pursuant to Section 12 of this Agreement, the Chief of Police shall cause
the evidentiary hearing to be conducted by a hearing officer or the City
Council. If a hearing officer conducts the hearing, then the City Council
shall hold a subsequent public hearing to determine if the hearing officer's
recommendation should be affirmed, reversed or modified.
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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 Chief of Police, or his designee, shall be responsible for the administration
of this Agreement. The Chief of Police is authorized to issue to Tow Operator directives
concerning policies and procedures to be implemented in connection with the towing
and storage of vehicles. In the event of dispute between the parties as to the nature
and extent of the services to be performed hereunder, or the level and manner of
performance, the determination made by the City Administrator, or his designee, shall
be final and conclusive as between the parties.
Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by mail. The
representatives of the respective parties who are authorized to administer this
Agreement, and to whom formal notices, demands and communications shall be given
are as follows:
To CITY: To TOW OPERATOR:
Chief of Police
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
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If the name of the representative designated to receive the notices, demands or
communications, or the address of such person, is changed, written notice thereof shall
be given within five (5) working days of said change.
16. TRANSFER OF OWNERSHIP.
Tow Operator shall not sell or transfer any rights or obligations under this
Agreement without the written authorization of the Chief of Police, except the following
transferees or successors shall be entitled to such transfer of permit:
A. Duly qualified representatives of permittees regularly appointed by courts
of competent jurisdiction, assignees for the benefit of creditors, and
spouses or children of deceased permittees.
B. The surviving partner or partners of a dissolved partnership.
C. A new partnership consisting of the.members of a predecessor
partnership, plus their spouse or spouses of any such members.
D. A new corporation, organized and controlled by an individual or
unincorporated permittee for the purpose of acquiring, or which has
acquired the assets of the business previously owned and operated by
such permittee.
E. Upon dissolution of a closely held corporation, the stockholders to whom
the assets are distributed.
17. INDEPENDENT TOW OPERATOR STATUS.
The parties agree that the performance of the Tow Operator's services
hereunder shall be in the capacity of an independent tow Operator, and that no officers,
agents, employees, or subtow operators of the Tow Operator have been, are or shall be
employees of the City by virtue of this Agreement. The Tow Operator shall so inform
each individual or entity which is hired, retained or engaged to perform any services
under this Agreement.
18. RATES, FEES AND CHARGES.
A. City shall have no responsibility or liability to Tow Operator for payment of
any costs, charges or expenses incurred by Tow Operator for towing or
storing any vehicles pursuant to the terms of this Agreement unless such
liability or responsibility has been acknowledged in writing by the Chief of
Police or his designee, or unless such liability or responsibility is imposed
by law. Tow Operator shall have the right to salvage vehicles removed
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from private property pursuant to this Agreement, subject to compliance
with all applicable statutes and regulations.
B. The rates, fees and charges imposed by Tow Operator for towing or
storing any vehicles pursuant to the terms of this Agreement shall not
exceed those which are at any time approved by resolution of the City
Council of the City of Huntington Beach. Commencing on December 1,
2001, the fee established by resolution shall be adjusted on December 1st
of each year based upon the change in the Metropolitan Consumer Price
Index for the Los Angeles-Riverside-Orange County, CA area during the
preceding year. The Chief of Police shall then adjust the fees set forth in
the resolution by such percentage change. The adjusted fee amount shall
be rounded to the next highest dollar, and this amount shall constitute the
fee authorized by Huntington Beach Municipal Code Chapter 5.66.
Should the Consumer Price Index be revised or discontinued, the Chief of
Police shall use the revised or a comparable index as approved by the
City Council.
C. Rates, fees and charges shall be posted in a conspicuous location at Tow
Operator's place of business and may be collected by Tow Operator from
a vehicle owner or property owner at the time he or she desires to effect
the release of the vehicle from Tow Operator's storage facilities.
D. Should there be any dispute between the Tow Operator and a vehicle
owner or property owner over rates, fees and charges imposed for
services rendered under this Agreement, such dispute shall be decided by
the City Administrator, or his duly authorized representative, and the Tow
Operator shall make no demands upon the vehicle owner or property
owner for a sum in excess of the amount determined to be reasonable by
the City Administrator, or his authorized representative. The City
Administrator or his representative may hold an administrative hearing if
any party to the dispute so requests.
E. Tow Operator shall furnish to the person authorizing the towing
service, or his agent, an itemized statement of services performed,
including labor and special equipment used in towing the vehicle
and the charges made therefor upon the request of:
1. The registered owner; or
2. The legal owner; or
3. The insurance carrier of either (a) or (b); or
4. The duly authorized agent of any of the foregoing.
The permittee shall furnish a copy of such statement to any
person authorized to receive the same without demanding
payment as a condition precedent.
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19. LETTER OF CREDIT
A. The Tow Operator shall establish a case deposit or letter of credit in favor
of the City in the sum of$50,000.00 and in the form approved by the City
Attorney. The letter of credit shall serve as security for the faithful
performance by Tow Operator of all the provisions and obligations of the
Agreement.
B. If within thirty (30) days following receipt of written notice from the City of
Two Operator's failure to pay City an amount owing under this Agreement,
Tow Operator has not paid such amount as is due and owing to City, the
letter of credit may be assessed by the City upon five (5) days prior written
notice to the Tow Operator indicating the intention of the City to draw
upon the letter of credit, the amount to be drawn and the reason therefor.
The City may assess the letter of credit for purposes including, but not
limited to:
1. Reimbursement of costs borne by City to correct violations not,
corrected by Tow Operator, after due notice and opportunity to
cure.
2. Monetary remedies or damages assessed against Tow Operator
due to breach of the Agreement after due and opportunity to cure.
C. Tow Operator shall deposit a sum of money sufficient to restore the letter
of credit to the original amount within thirty (30) days after notice from City
that an amount has been withdrawn from the letter of credit, specifying the
date and amount of the withdrawal:.
20. ALTERNATIVE"REMEDIES.
Remedies provided for in this Agreement are cumulative and in addition to other
rights the City may have at law or equity or under this Agreement, which it may exercise
at any time. In no event shall the amount of any bond or letter of credit be construed to
limit Tow Operator's liability for damages.
21. REGULATION.
Tow Operator shall comply with all state statutes and local ordinances, shall
make all reports required by the Vehicle Code of the State of California, and shall follow
all reasonable rules and regulations which the Chief of Police of the City may from time
to time prescribe governing the conduct of Tow Operator's operations under this
Agreement.
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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 subscriber 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.
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Tow Operator shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
policy limit.
Tow Operator shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. Tow Operator shall
furnish to City a certificate of waiver of subrogation under the terms of the workers
compensation insurance and Tow Operator shall similarly require all subcontractors to
waive subrogation.
25. INSURANCE.
In addition to the workers compensation insurance and Tow Operator's covenant
to indemnify City, Tow Operator shall obtain and furnish to City:
A. A policy of general public liability insurance, including motor vehicle
coverage covering the services. Said policy shall indemnify Tow
Operator, its officers, agents and employees, while acting within the scope
of their duties, against any and all claims of arising out of or in connection
with the services, and shall provide coverage in not less than the following
amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual
liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name.City, its
officers, and employees as Additional Insureds, and shall specifically
provide that any other insurance coverage which may be applicable to the
services shall be deemed excess coverage and that Tow Operator's
insurance shall be primary.
B. Automobile liability insurance covering all vehicles used by Tow Operator
to fulfill there herein Agreement, with minimum limits of liability of One
Million Dollars ($1,000,000) combined single limit coverage against any
injury, death, loss or damage due to wrongful or negligent acts or
omissions by the Tow Operator and/or his employee and/or subtow
operators.
C. "On-Hook" liability insurance with minimum limits of twenty-five Thousand
Dollars ($25,000)/Fifty-Thousand Dollars ($50,000)/One-Hundred
Thousand Dollars ($100,000).
D. Garage keeper's liability insurance with minimum limits of Two Hundred
Thousand Dollars ($200,000) combined single limit coverage.
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All insurance required hereunder shall be issued by a company rated "A" or
better in Best's Key Rating Guide and authorized to transact business in the State of
California as an admitted surety insurer.
26. CERTIFICATE OF INSURANCE.
Prior to commencing performance of the work hereunder, Tow Operator shall
furnish to City certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and
shall state that the policy is currently in force and shall promise to provide that such
policies will not be canceled or modified without thirty (30) days prior written notice to
City. Tow Operator shall maintain the foregoing insurance coverages in force until the
work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification-of CITY by Tow Operator under this
Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. Tow Operator shall pay, in a prompt
and timely manner, the premiums on all insurance herein above required.
27. FAILURE TO PROVIDE INSURANCE.
The City may, without prior notice, immediately suspend or terminate this
Agreement if, at any time, the Tow Operator fails to provide or maintain the insurance
required hereunder.
28. INCREASE IN COVERAGE.
Nothing contained in this Section shall be deemed to preclude the City, after
consultation with other law enforcement agencies, from requiring Tow Operator to
increase the amounts of insurance coverage specified herein, or to obtain and maintain
other types of insurance coverage, in order to protect the interests of the City and its
vehicle owners and operators. Tow Operator shall comply with such new or additional
requirements within a reasonable time after receipt of City's written request.
29. INDEMNIFICATION.
Tow Operator shall protect, defend, indemnify and hold harmless City, its
officers, officials, employees and agents from and against any and all liability, loss,
damage, expenses, costs (including without limitation, costs and fees of litigation of
every nature) arising out of or in connection with Tow Operator's performance of its
services under this Agreement, or its failure to comply with any of its obligations
contained in this Agreement by Tow Operator, its officers, agents or employees, except
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such loss or damage which was caused by the sole negligence or willful misconduct of
the City.
30. SUBCONTRACTING, DELEGATION AND ASSIGNMENT.
A. Tow Operator shall not delegate, or assign its duties or rights hereunder,
either in whole or in part, without the prior written consent of the Chief of
Police. Failure to receive prior approval shall be grounds for immediate
cancellation of the herein Agreement at the option of the City Council.
B. Tow Operator may use subcontractors only after receiving written
approval from the City.
C. Any authorized assignment, delegation or subcontract shall be made in
the name of the Tow Operator and shall not bind or purport to bind the
City and shall not release the Tow Operator from any obligation under this
Agreement.
31. COMPLIANCE WITH STATE LAW.
A. Tow Operator shall comply with Sections 22523, 22524, 22669, 22670,
22671, and 22850 through 22856 of the Vehicle Code which relate to the
removal, storage and disposition of abandoned vehicles and liens of
garage keepers.
B. Tow Operator shall keep fully informed of and comply with all City,
County, State and Federal laws, ordinances and/or regulations which are
applicable to the Tow Operator and/or those engaged or employed by the,
Tow Operator in doing the services to be provided by Tow Operator
pursuant to the herein agreement; including but not limited to the handling
of vehicles, lien sales with outstanding parking penalties, owner
notifications, removal, storage and disposition of abandoned vehicles, etc.
C. Tow Operator shall obtain and maintain all permits and licenses, pay all
charges and fees, and give all notices required by city ordinances or other
laws relating to the performance of the herein Agreement.
32. NON-DISCRIMINATION.
A. In the performance of this Agreement, Tow Operator shall not discriminate
against any member of the public, employee, subtow Operator, or
applicant for employment because of race, color, religion, ancestry, sex,
national origin, handicap or age. Tow Operator will take affirmative action
to ensure that members of the public are served, subtow operators and
applicants are employed, and that employees are treated during
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SAMPLE
employment without regard to their race, color, religion, ancestry, sex,
national origin or age.
B. The provisions of paragraph A above shall be included in all solicitations
or advertisements placed by or on behalf of Tow Operator for personnel to
perform any services under this Agreement. City shall have access to all
documents, data and records of Tow Operator and its subtow operators
for purposes of determining compliance with the fair employment and
non-discrimination provisions of this Section.
33. PERMITS AND LICENSES.
Tow Operator shall obtain and maintain during the term of this Agreement all
necessary licenses, permits and certificates required by law for the conduct of Tow
Operator's activities and for the provision of services hereunder, including a business
license issued by the City.
34. ADVERTISING.
Contractor-shall not display or use any signs, advertising materials, logos, etc.,
which indicate that the Contractor is an official towing service for the City of Huntington
Beach without written authorization of the City. A designation of "Official Police Tow" or
similar language is not acceptable without prior written consent.
35. CONFLICT OF INTEREST.
The parties agree that, to their knowledge, no member of the City Council, officer
or employee of the City has any interest, whether contractual, non-contractual, financial.
or otherwise in this transaction, or in other business of the Tow Operator, and that if any
such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made in writing to the other party, even if such
interest would not be considered a conflict of interest under applicable laws. Tow
Operator covenants that it has, at the time of execution of this Agreement, no interest,
and that it shall not acquire any interest in the future, direct or indirect, which would
conflict in any manner with the performance of services required hereunder. Tow
Operator further covenants that, in the performance of the services hereunder, no
person having any such interest shall be engaged or employed.
36. RESOLUTION OF DISPUTES.
A. Disputes regarding the interpretation of application of any provisions of
this Agreement shall, to the extent reasonably feasible, be resolved
through good faith negotiations between parties.
B. Disputes regarding the precipitating cause for any removal, seizure or
impound of a vehicle directed by the Police Department shall, to the
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SAMPLE
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
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SAMPLE
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.
TOW OPERATOR: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one)Chairman/President/Vice President Mayor
AND ATTEST:
By:
City Clerk
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst. APPROVED AS TO F RM:
Secretary-Treasurer
REVIEWED AND APPROVED: o City Attorney Fzq' �I IbI
INITI&TED AND APP VED:
City Administrator
Chief of P Ice
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g:j mp/towing/agreement/10/5/00
RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY'S OFFICE
SUBJECT: Adopt Ordinance Modifying Permitting Requirements and
Increasing Rates of Police-Directed Towing Services
COUNCIL MEETING DATE: July 16, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS:.
REVIEWED RETURNED FORW DED
Administrative Staff
Assistant City Administrator Initial
City Administrator (Initial) )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
RCA Author: jmp
l P
`r
C A
ROBERT AND CONNIE E3E
16242 Tisbury Circle
Huntington Beach, CA 92649
November 13, 2000
Towing Ordinance Council Committee
2000 Main Street
Huntington Beach, CA 92648
Re: Police Directed Towing Ordinance
Ladles and Gentlemen:
Attached hereto please find our comments In regard to the Police
Directed Towing Ordinance.
Please note that we are willing to make the financial commitment
necessary to comply with all the requirements of the proposed Towing
Ordinance and the Planning Department of the City of Huntington Beach.
We currently have a valid CUP and are a legal use. But due to the
property across Gothard being rezoned to residential we are classified
as Non Conforming
We are in receipt of a letter from the Planning Department stating
that it appears we can complete improvements that would meet all the
requirements of the Towing Ordinance. We are diligently working to
confirm this. If we connot build Improvements, the new Towing
Ordinance, as written, puts us out of business. Therefore, until we can
confirm our ability to build our comments to the Towing Ordinance must
by necessity oppose any changes to requirements that would eliminate
our business. In any event, we request that the Towing ordinance be
redrafted so Parties who are a Non Conforming use can qualify under
terms of the Towing Ordinance.
Your courtesy and cooperation Is appreciated,
Very truly yours,
Robert Mandic
Connie Mandic
S
MANDIC COMMENTS
Police Directed Towing Ordinance Council Committee
October 9, 2000
Front Agenda Page—Response to items found only on this page.
B. "Agreement for 4 years+4 year options"
RESPONSE: This is contrary to what is written throughout the entire rest of the
document and what was stated at the meeting .
EXAMPLE: Page 3, Attachment 3 "The agreement will be for a term of no more
than 4 years subject to an option for 4 additional years".
B. "No grandfather clauses or nonconforming uses—equal and fair playing field for all"
RESPONSE: This is not fair or equal. Everyone , if not building at the same
moment in time, is grandfathered to some extent. Codes and regulations are
continually changing . For instance the city Design Guidelines were not adopted
when any of the current operators were building their storage facilities. None of
the current operators could meet todays codes and regulations as of 11/2000.
However, all operators have legal lots. Nonconforming is an unfair
requirement that can not be corrected. The city rezoned property within 660' of
our storage lot from industrial to residential making our use nonconforming.
Even if we construct improvements on our lot we will still be nonconforming.
We are a legal storage lot in the proper zone and should be allowed.
B. " Purpose of all requirements is customer service, as little inconvenience as
possible".
RESPONSE: We purchased our lot in an industrial area as close to City Hall as
possible for public convenience. We provide transportation if necessary from our
downtown office to our storage lot or from the Police Department to our storage lot.
However, both our lot and office are within walking distance of City Hall and are
the most convenient of towing facilities. If as stated customer service is the goal,
why all the language concerning zoning, nonconforming uses etc. The best
measure for customer service and convenience is the past performance of applicants
and lack of customer complaints.
PAGE 2 Statement of Issue—Contract
RESPONSE: We do not believe there is a need for a contract. The city has all the
control it needs under the Need&Necessity Ordinance that has worked very well
for over 40 years.
1
Y •
PAGE 3. #6 "Authorize the Chief of Police to enter into an agreement with no more
than three police—directed tow service operators.
RESPONSE: Change to: Authorize the City Council to enter into an agreement
with no more than three or less than two police-directed tow service operators.
PAGE 4. B.
#1. Should read "No more than three or less than two tow operators will be
selected.
" City Council will select "
"Only applicants with a legal lot in the city or evidence of a lot in the city
which can become legal will be permitted to apply".
#2. Change to: Office on lot should not apply to current legal operators.
#5. Term of agreement should be for 5 years with 5 year options for renewal.
This is necessary to justify equipment and improvement expenses.
#8. Public garage - Raises many questions regarding liability for the public
garage operator and legal interpretation of current law.
* Bottom paragraph never happened.
ATTACHMENT 3—This section should not be adopted until the entire document on
towing is voted on by Council or eliminate all references related to Police—
Directed Towing such as contract, number of operators and term of agreement.
PAGE 2. SECTION 5. 5.66.035 Change Chief of Police to City Council in
two places
A. Change wording to "No more than 3 or less than
2 entities shall receive contract.
PAGE 3. F. States"Agreement shall be for no more than 4 years"
RESPONSE: Should read: Agreement shall be for 5 years with 5 year options.
ATTACHMENT #4
PAGE 3.A. Change wording to: No more than 3 or less than 2 shall receive
contract.
F. Change to: Five years with five year options.
2
s '
ATTACHMENT #6
PAGE 1. This RFQ format needs to be simplified. It does not give weight to the
requirements most important for choosing the best tow operator such as
past city police towing performance and customer service record. It asks
for frivolous information such as alternative scopes of services. Also
without a standardized form it will be difficult to compare applicants.
This appears to be a boilerplate RFQ that has been adapted to select a
tow service but cannot fulfill that function. All that is necessary is to
check our equipment, check our facilities, compare our service records
and experience. Towing is not that complicated a business to require
this complicated RFQ.
PAGE 2. O.A. Maybe illegal
PAGE 3. #2. Too complicated to measure tow service business
O.A. EXPERIENCE—add"Including the City of Huntington Beach
#3.C.3. Change to: "Includes a business office in the City of Huntington
Beach including indoor vehicle storage space
sufficient to accommodate a minimum of 3 vehicles
#3.C.5. Add"or already has a city approved storage facility capable of
storing up to 200 vehicles at one time.
#3.C.5.
*A.B.C. These are ALL NEW requirements that were not in
place when meetings were held with tow operators.
They were all added prior to the towing committee
meeting without input from tow operators.
Any reference to nonconforming must be eliminated.
No matter what improvements we make we can
never comply to conforming due to the residential
zone across Gothard.
PAGE 4. Second bullet down
Vehicle engine number should not be referred to. Vehicle identification
number is sufficient and accepted for all legal reasons.
PAGE 5. #4. Negotiate—What is to be negotiated? The word negotiate suggests
the entire process is open ended and subjective.
3
PAGE 6. VI. This 100 point evaluation system is too complicated and
inappropriate to use for a towing service selection process.
Bottom paragraph—eliminate "Negotiations"
ATTACHMENT #7.
PAGE 1.1.A. Question legality.
PAGE 2. F. Add"Unless approved by City service requester at scene".
G. Question legality, liability for tow damage, define "reasonable
gate fee".
PAGE 3.1. Eliminate lighting requirement for established lots.
3. Add-wording " Storage facility or office must contain an enclosed
garage capable of holding a minimum of 3 vehicles".
PAGE 4. This whole page is ALL NEW—never brought up at meetings with tow
operators or discussed.
3. For new operators only
4.A. Currently legally existing tow operators capable of storing up to 200
cars should be permitted to commence services under this
Agreement upon execution.
4.B. Nonconforming—Allow currently legally existing operators
capable of storing 200 cars.
4. ALL NEW never discussed with tow operators. Should not apply to
existing legal tow operators.
PAGE 5.
6.E. Please clarify
PAGE 6.
G. Should read—All"towing"vehicles
H. Change to "No less than three"tow vehicles shall have the
capability to tow a boat or other trailered item.
-4
PAGE 7
C. This should be the flow of control for all items related to towing.
"Recommendation of action shall be forwarded from the Chief
of Police to the City Manager's Office for approval by the City
Council.
PAGE 8.
#10. Term of Agreement—Eliminate "not to exceed". Term should be
5 years with 5 year options.
#11. City cannot terminate without cause prior to 5 years.
PAGE 9.
#12. Add regarding disputes"City Council shall have final authority"
PAGE 16. B
Cost prohibitive to place in newspaper ads. Please clarify wording required.
PAGE 17.
#31. B. Please Clarify
#32. Agreement Non Exclusive
Change wording to: "The city reserves the right to contract for
towing and storage with no more than three or no less than two
tow operators.
PAGE 18. City Council must vote on it.
5