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HomeMy WebLinkAbout07 - Police Tow Truck ContractsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 May 13, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Administrative Services Department Glen Everroad, Revenue Manager, ext. 3141, everroad@city.newport-beach.ca.us SUBJECT: OFFICIAL POLICE TOW TRUCK CONTRACTS ISSUE: Should the agreements for operation of the official police tow truck services be awarded to G & W Towing and MetroPro- Harbor Towing? RECOMMENDATION: Authorize the Mayor to execute the attached proposed agreements with G & W Towing and MetroPro- Harbor Towing to provide official police tow truck services. DISCUSSION: Background: Newport Beach Municipal Code Chapter 5.15 regulates official police towing services, and establishes the process and criteria for selection of the official police tow truck providers. Section 5.15.080 provides that the tow truck operators awarded a bid are required to enter into an agreement which contains eligibility requirements, operating regulations, and fee schedules adopted by the City Council. The contracts with the two current official police service providers expired on April 30, 2003. On March 14, 2003, the City Clerk advertised for bids for official police tow services in the City's official newspaper. Two companies, G & W Towing and MetroPro- Harbor Towing, submitted bids to provide official police tow truck services. The Municipal Code establishes the standards for equipment and rules for operation for official police tow service providers. Section 5.15.070 provides that the City Council shall take into account the following considerations in the selection of the official police tow service providers: Official Police Tow Truck Contracts May 13, 2002 Page 2 Whether the applicant is qualified on the basis of moral character, experience in the towing business, and financial responsibility; m The level and quality of service which would be made available to the public; such as, accessibility and adequacy of the storage facilities, whether there is an attendant on duty as opposed to being on call to release vehicles on a twenty - four -hour basis, and availability of extra pieces of equipment over the minimum required; Reasonableness of fees to be charged for service and willingness to release vehicle without charge if impounded or stored in the course of carrying out an official police investigation, upon direction of the Chief of Police; Physical condition of equipment; and, o Whether the facilities, personnel, and equipment which the applicant proposes to use meet applicable Municipal and State requirements of law. The Police Department has investigated and reported on the bids received from both companies (copies attached). The attached report from the Police Department recommends approval of the contracts with the two bidders. The attached proposed agreements with G & W Towing and MetroPro- Harbor Towing provide for their continued services as official police tow truck service providers through April 30, 2008. The agreements address the services to be provided, rates charged, insurance, indemnification, transfer, storage of vehicles, record keeping, etc. The proposed agreements include non - substantive technical changes to the previous agreements, as well as the following proposed changes: Section 1. TERM — A provision was added to this section to continue the term for an additional five years at the discretion of the City, provided performance is deemed acceptable. Section 3. RATE SCHEDULES — A sentence was added to permit the City to revise the fee schedule by mutual agreement at any time upon a finding that a rate adjustment is justified. This addition establishes consistency with the language in Municipal Code Section 5.15.080. A copy of the proposed rate schedules is attached. Section 7. INSURANCE — Commercial liability, automotive liability, and workers' compensation insurance requirements have been added at the suggestion of the Risk Manager. Section 9. STORAGE OF VEHICLES — Two paragraphs have been deleted, one requiring personal property be delivered to the Police Department and the other preventing storage fees from being imposed on recovered stolen vehicles. Official Police Tow Truck Contracts May 13, 2002 Page 3 Section 12. RECORDS — A provision was added requiring the operator to reimburse the City for the cost of an audit if such audit determines that the operator underpaid contract service fees by 10% or more. Section 18. INTEGRATED CONTRACT — A provision was deleted that stated the City reserved the right to amend Chapter 5.15 to establish three official police tow service providers. These revisions were reviewed and approved by the Police Department and City Attorney's Office. Environmental Review: There is no environmental impact related to this action. Public Notice: Posted with Agenda Funding Availability: There is no budget expenditure applicable. The costs for services provided by the official police tow service providers are paid by the public. Staff's costs in administration of the official police tow service agreements are recovered through the contract services fees paid by the operators (Section 11). Alternatives: 1. Perform official police tow services using City staff and facilities. 2. Contract with G & W and MetroPro- Harbor Towing to perform official police tow services (Recommended). Prepared by: GI erroad Revenue Manager Submitted by: Dennis Danner Administrative Services Director Attachments: Proposed Agreements & Fee Schedule Police Department Report Bids from G & W Towing and Metro -Pro Harbor Towing OFFICIAL POLICE TOW TRUCK SERVICE AGREEMENT This AGREEMENT is made and entered into this first day of May, 2003 by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City ") and METROPRO - HARBOR TOWING, a California corporation whose address is 957 West 17`h Street, Costa Mesa, CA 92627 (hereinafter referred to as "Operator "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Chapter 5.15 of the Newport Beach Municipal Code regulates the operation of official police towing services, which are used in police emergency situations and for the removal of vehicles that are apparently abandoned, involved in an accident, or that constitute an obstruction to traffic because of mechanical failures. C. Section 5.15.080 provides that tow truck companies that are selected as "official" police tow service providers pursuant to the City's established bidding process are required to enter into an agreement with the City that outlines their duties and obligations and that contains eligibility requirements, operating regulations and a fee schedule as adopted by the City Council. D. By designating specific companies as police tow service providers, City desires to ensure the availability of prompt, efficient and reliable police towing services within the City of Newport Beach. E. The City Council of the City of Newport Beach has selected MetroPro- Harbor Towing to operate as one of the City's "official" operators to provide tow service at the request of the Police Department throughout the City. F. City and Operator desire to enter into this Agreement wherein Operator agrees to perform police towing services for the City under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the undersigned parties agree as follows: 1. TERM The term of this Agreement shall be for five (5) years, and shall commence on the first day of May 2003, and shall terminate on the 30`h day of April 2008, unless terminated earlier as set forth herein. The City reserves the right, upon sixty (60) days written notice, to renew this Agreement for an additional five (5) -year term provided that Operator's performance is deemed acceptable, and that the renewal is agreeable to the Operator. 2. SERVICES TO BE PERFORMED BY OPERATOR Operator agrees to operate as one of the City's "Official" Police Tow Services pursuant to the terms of this Agreement and in conformity with the requirements and Rules of Operation contained in Chapter 5.15 of the Newport Beach Municipal Code, which by this reference is incorporated herein. 3. RATE SCHEDULES Operator shall charge the rates for services as set forth in the rate schedule attached hereto as Exhibit "A," which is incorporated herein by this reference. The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, for all Urban Consumers for the Los Angeles -Long Beach - Anaheim Area, All Items, (1967 =100) for the preceding twelve (12) months. Operator shall provide a listing of the rates to be charged. However, the City may require and revise the fee schedule by mutual agreement at any time upon a finding that a rate adjustment is justified. Operator shall charge the City no more than twenty-five percent (25 %) of the charge set forth in Exhibit "A" for storage of vehicles ordered impounded by the Police Department that involve evidence, as described in Paragraph 9 (B) of this Agreement. 4. STANDARD OF CARE Operator warrants and guarantees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified, licensed and experienced personnel. 5. INDEPENDENT CONTRACTOR The parties of this Agreement intend that the relationship between them created by this Agreement is that of City- independent contractor. The manner and means of conducting the work are under the control of the Operator, except to the extent limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of the Operator's services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation insurance, retirement and deferred compensation plans, vacation and sick leave, are available from City to Operator, its employees or agents. 6. HOLD HARMLESS Operator shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, servants and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other 2 claims arising from any and all negligent acts or omissions of Operator, its employees, agents or subcontractors which arise out of or result from, or occur in connection with Operator's performance of services pursuant to this Agreement or Chapter 5.15. 7. INSURANCE Without limiting the indemnification provided in Section 6 above, Operator shall obtain and maintain throughout the term of this Agreement, at Operator's sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the services provided by Operator under this Agreement. On or before the commencement of the term of this Agreement, Operator shall furnish the City with certificates showing the type, amount, class or operations covered by such insurance, and the effective dates and dates of expiration of such insurance policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by the City." All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide, unless otherwise approved by the City Risk Manager. The polices required are as follows: A. Commercial Liability: Operator shall obtain and maintain at all times during the term of this Agreement comprehensive general commercial liability insurance covering third - party liability risks in a minimum amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. B. Automobile Liability: Commercial automobile liability and property insurance covering any vehicles owned, leased, hired or borrowed by Operator in a minimum amount of $1 million combined single limit per occurrence for bodily injury and property damage, and shall include sudden and accidental coverage. C. Workers Comnensation: Operator shall maintain full Worker's Compensation Insurance for all persons for whom it employs in accordance with the requirements of the most current and applicable State Workers' Compensation Insurance laws in effect D. Subrogation Waiver: Operator agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, that Operator shall look solely to its insurance for recovery. Operator hereby grants to City, on behalf of any insurer providing insurance to either Operator or the City with respect to the services of Operator herein, a waiver of any right of subrogation that any such insurer of said Operator may acquire against City by virtue of the payment of any loss under such insurance. E. Additional Insured: The City, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured on all policies of insurance required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured and an additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or extension thereof. Any other insurance held 3 by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to the Operator secondarily, if necessary. F. Operator agrees that if any policy of insurance required by this Agreement is not maintained in full force and effect, the City Manager may, in his sole discretion, suspend this Agreement, immediately, until such time as the required insurance is in effect and the required certificates and endorsements are delivered to the City. 8. PROHIBITION AGAINST TRANSFER Operator shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of City. Any attempt to do so without the consent of the City shall be null and void, and any assignee, subleasee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Operator, or of the interest of any general partner or joint venture or syndicate member or cotenant, which shall result in change in the control of Operator, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation, partnership, joint venture, syndicate, or cotenancy. 9. STORAGE OF VEHICLES (A) The Operator shall store all impounded vehicles, together with all accessories, equipment and personal property located on or in each vehicle, in City- approved storage facilities. (B) Vehicles taken into custody that involve evidence shall be stored in a secure area and under conditions approved by the Police Department. The storage area shall be protected against access by persons not authorized by the police. The Operator will be required to take all reasonable precautions required by the Police Department to avoid damage to any evidence, such as fingerprints, stains, etc. (C) The Operator agrees to maintain storage facilities as required by Section 5.15.110 for vehicles ordered impounded by the Police Department. The Operator shall take any and all measures necessary to prevent theft or damage to such vehicles and the accessories, equipment or other personal property in them while stored in his storage facility. (D) Operator agrees to waive towing and/or storage fees when reasonably requested by any police supervisor of the rank of Sergeant or above, or by the Traffic Civilian Supervisor. Such requests generally shall be limited to the towing of city vehicles, the towing and storage of other vehicles as a result of mistake or error by city employees, or vehicles impounded during the course of carrying out an official police investigation. 10. PERMITS AND LICENSES Operator, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services provided hereunder. 11. CONTRACT SERVICES FEE As compensation for the costs incurred in connection with City's operation of this police towing program, Operator shall pay quarterly to the City during the life of this Agreement, a fixed percentage of the gross receipts it derives from services provided under this Agreement. Such percentage shall be ten (10) percent of gross receipts. Proceeds from vehicles sold at lien sale shall not be subject to this fee. Payment shall be due to the City no later than forty -five (45) days after the expiration of each calendar quarter. In the event that the above payment is not received by the City within the specified time period, Operator shall pay to the City a one -time penalty of ten (10) percent of the amount due and interest of one and one -half percent (1.5 %) per month on the unpaid balance. Operator shall file with the City, within ninety (90) days after expiration of Operator's fiscal year during which this Agreement is in force, a financial statement prepared by a certified public accountant showing in detail the gross annual receipts from official police tow operations in the City of Operator, or its successors and assigns, during the preceding fiscal year. The right is reserved to the City of audit and recomputation of any and all amounts due under this Agreement, and no acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further additional sums due under this Agreement or for the performance of any obligation hereunder. 12. RECORDS Operator shall maintain complete and accurate records with respect to all expenses, receipts and other such information required by the City that relate to the performance of services under this Agreement. Operator shall maintain accurate records on services provided in sufficient detail to permit an evaluation of service and income received therefrom. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible to the City upon demand. Operator shall provide free access to the Revenue Manager or his or her designees to such books and records during regular business hours, and give the City the right to examine and audit same, and to make copies as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. Operator shall reimburse City for City's costs in performance of an audit if, as a result of the audit, it is determined that a discrepancy of ten percent (10 %) or more of the contract service fees paid during the period reviewed is due. Operator shall reimburse the City for such costs within thirty (30) days of the date the City notifies Operator in writing of the amount of City's cost. 13. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when delivered personally or on the second 5 business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Operator to City shall be addressed to the City at: Newport Beach City Hall 3300 Newport Beach Blvd., PO Box 1768 Newport Beach, California 92659 -1768 Attention: City Manager With copy to: Newport Beach City Hall 3300 Newport Beach Blvd., PO Box 1768 Newport Beach, California 92659 -1768 Attention: Revenue Manager All notices, demands, requests or approvals from City to Operator shall be addressed to Operator at: MetroPro- HarborG & W Towing 957 West 17" Street Costa Mesa, CA 92627 14. TERMINATION The grounds for termination of this Agreement are set forth in Newport Beach Municipal Code Section 5.15.140, and include breach of any terms of this Agreement. In the event Operator has breached the terms of this Agreement or other grounds for termination exist, the City shall provide written notice of the nature of the default and the steps necessary to cure the default. If such default is not cured within a period of two (2) days after receipt by Operator of written notice of default, this Agreement may be terminated by the City Manager by giving written notice to the Operator. Notice that the Agreement has been terminated shall state the reasons for termination.. Any appeal shall be to the City Council. The right to appeal shall terminate fifteen (15) days following the date of personal service or deposit in the United States mail of the notice of termination. The City Council may preside over the hearing on appeal, or in the alternative, appoint a hearing officer to conduct the hearing and submit to the City Council its finding and recommendations. The City Council shall render its decision within forty-five (45) days of receipt of the hearing officer's findings and recommendations. The decision of the City Council shall be final. 15. COST OF LITIGATION If any legal action is necessary to enforce any provisions of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all reasonable attorneys' fees and costs. 16. COMPLIANCE WITH ALL LAWS Operator shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the City. 17. WAIVER A waiver by the City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 18. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Operator. The City hereby reserves every right and power, in the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the City, whether enacted before or after the effective date of this Agreement. Neither the decision to select Operator as an "Official' Police Tow Service provider or any provision of this Agreement shall constitute a waiver or a bar to the exercise of any governmental right or power of the City. There is hereby expressly reserved to the City Council the power and authority to amend any section of Chapter 5.15 of the Newport Beach Municipal Code as to require additional or greater standards on the part of Operator. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation 7 MAYOR CITY CLERK OPERATOR m f: users /cat/ shared /ae /PoliceTowTruckSemice.doc Harbor /John's Towing Newport Beach Police Tow Rotation Rates Towing - Light Duty $110.00 Medium Duty, Flatbed Request $118.00 Heavy Duty $208.00 Motorcycle $118.00 Storage (daily)- Vehicles - Outside $28.00 Vehicles - Inside $33.00 Motorcycle $15.00 Truck or Motorhome - Outside $32.00 Truck or Motorhome - Inside $38.00 Labor- After -Hour Release $37.00 On -Site release $55.00* Rollover/Winching $50.00 Dolly /Go -jacks $37.00 Driveshaft/Linkage $20.00 Service Call- minimum $75.00 Labor $110.00 /hr. *Rate per CVC 5/03 OFFICIAL POLICE TOW TRUCK SERVICE AGREEMENT This AGREEMENT is made and entered into this first day of May, 2003 by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City ") and G & W TOWING, a California corporation whose address is 965 West 18'h Street, Costa Mesa, CA 92627 (hereinafter referred to as "Operator "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Chapter 5.15 of the Newport Beach Municipal Code regulates the operation of official police towing services, which are used in police emergency situations and for the removal of vehicles that are apparently abandoned, involved in an accident, or that constitute an obstruction to traffic because of mechanical failures. C. Section 5.15.080 provides that tow truck companies that are selected as "official" police tow service providers pursuant to the City's established bidding process are required to enter into an agreement with the City that outlines their duties and obligations and that contains eligibility requirements, operating regulations and a fee schedule as adopted by the City Council. D. By designating specific companies as police tow service providers, City desires to ensure the availability of prompt, efficient and reliable police towing services within the City of Newport Beach. E. The City Council of the City of Newport Beach has selected G & W Towing to operate as one of the City's "official" operators to provide tow service at the request of the Police Department throughout the City. F. City and Operator desire to enter into this Agreement wherein Operator agrees to perform police towing services for the City under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the undersigned parties agree as follows: 1. TERM The term of this Agreement shall be for five (5) years, and shall commence on the first day of May 2003, and shall terminate on the 30th day of April 2008, unless terminated earlier as set forth herein. The City reserves the right, upon sixty (60) days written notice, to renew this 1 Agreement for an additional five (5) -year term provided that Operator's performance is deemed acceptable, and that the renewal is agreeable to the Operator. 2. SERVICES TO BE PERFORMED BY OPERATOR Operator agrees to operate as one of the City's "Official" Police Tow Services pursuant to the terms of this Agreement and in conformity with the requirements and Rules of Operation contained in Chapter 5.15 of the Newport Beach Municipal Code, which by this reference is incorporated herein. 3. RATE SCHEDULES Operator shall charge the rates for services as set forth in the rate schedule attached hereto as Exhibit "A," which is incorporated herein by this reference. The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, for all Urban Consumers for the Los Angeles -Long Beach - Anaheim Area, All Items, (1967 =100) for the preceding twelve (12) months. Operator shall provide a listing of the rates to be charged. However, the City may require and revise the fee schedule by mutual agreement at any time upon a finding that a rate adjustment is justified. Operator shall charge the City no more than twenty -five percent (25 %) of the charge set forth in Exhibit "A" for storage of vehicles ordered impounded by the Police Department that involve evidence, as described in Paragraph 9 (B) of this Agreement. 4. STANDARD OF CARE Operator warrants and guarantees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified, licensed and experienced personnel. 5. The parties of this Agreement intend that the relationship between them created by this Agreement is that of City- independent contractor. The manner and means of conducting the work are under the control of the Operator, except to the extent limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of the Operator's services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation insurance, retirement and deferred compensation plans, vacation and sick leave, are available from City to Operator, its employees or agents. 6. HOLD HARMLESS Operator shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, servants and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Operator, its employees, agents or subcontractors which arise out of or result from, or occur in connection with Operator's performance of services pursuant to this Agreement or Chapter 5.15. 7. INSURANCE Without limiting the indemnification provided in Section 6 above, Operator shall obtain and maintain throughout the term of this Agreement, at Operator's sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the services provided by Operator under this Agreement. On or before the commencement of the term of this Agreement, Operator shall furnish the City with certificates showing the type, amount, class or operations covered by such insurance, and the effective dates and dates of expiration of such insurance policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by the City." All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide, unless otherwise approved by the City Risk Manager. The polices required are as follows: A. Commercial Liability: Operator shall obtain and maintain at all times during the term of this Agreement comprehensive general commercial liability insurance covering third - party liability risks in a minimum amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. B. Automobile Liabilitv: Commercial automobile liability and property insurance covering any vehicles owned, leased, hired or borrowed by Operator in a minimum amount of $1 million combined single limit per occurrence for bodily injury and property damage, and shall include sudden and accidental coverage. C. Workers Compensation: Operator shall maintain full Worker's Compensation Insurance for all persons for whom it employs in accordance with the requirements of the most current and applicable State Workers' Compensation Insurance laws in effect D. Subrogation Waiver: Operator agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, that Operator shall look solely to its insurance for recovery. Operator hereby grants to City, on behalf of any insurer providing insurance to either Operator or the City with respect to the services of Operator herein, a waiver of any right of subrogation that any such insurer of said Operator may acquire against City by virtue of the payment of any loss under such insurance. E. Additional Insured: The City, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured on all policies of insurance required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured and an additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or extension thereof. Any other insurance held 3 by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to the Operator secondarily, if necessary. F. Operator agrees that if any policy of insurance required by this Agreement is not maintained in full force and effect, the City Manager may, in his sole discretion, suspend this Agreement, immediately, until such time as the required insurance is in effect and the required certificates and endorsements are delivered to the City. 8. PROHIBITION AGAINST TRANSFER Operator shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of City. Any attempt to do so without the consent of the City shall be null and void, and any assignee, subleasee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Operator, or of the interest of any general partner or joint venture or syndicate member or cotenant, which shall result in change in the control of Operator, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation, partnership, joint venture, syndicate, or cotenancy. 9. STORAGE OF VEHICLES (A) The Operator shall store all impounded vehicles, together with all accessories, equipment and personal property located on or in each vehicle, in City- approved storage facilities. (B) Vehicles taken into custody that involve evidence shall be stored in a secure area and under conditions approved by the Police Department. The storage area shall be protected against access by persons not authorized by the police. The Operator will be required to take all reasonable precautions required by the Police Department to avoid damage to any evidence, such as fingerprints, stains, etc. (C) The Operator agrees to maintain storage facilities as required by Section 5.15.110 for vehicles ordered impounded by the Police Department. The Operator shall take any and all measures necessary to prevent theft or damage to such vehicles and the accessories, equipment or other personal property in them while stored in his storage facility. (D) Operator agrees to waive towing and/or storage fees when reasonably requested by any police supervisor of the rank of Sergeant or above, or by the Traffic Civilian Supervisor. Such requests generally shall be limited to the towing of city vehicles, the towing and storage of other vehicles as a result of mistake or error by city employees, or vehicles impounded during the course of carrying out an official police investigation. 10. PERMITS AND LICENSES Operator, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services provided hereunder. 11. CONTRACT SERVICES FEE As compensation for the costs incurred in connection with City's operation of this police towing program, Operator shall pay quarterly to the City during the life of this Agreement, a fixed percentage of the gross receipts it derives from services provided under this Agreement. Such percentage shall be ten (10) percent of gross receipts. Proceeds from vehicles sold at lien sale shall not be subject to this fee. Payment shall be due to the City no later than forty-five (45) days after the expiration of each calendar quarter. In the event that the above payment is not received by the City within the specified time period, Operator shall pay to the City a one -time penalty of ten (10) percent of the amount due and interest of one and one -half percent (1.5 %) per month on the unpaid balance. Operator shall file with the City, within ninety (90) days after expiration of Operator's fiscal year during which this Agreement is in force, a financial statement prepared by a certified public accountant showing in detail the gross annual receipts from official police tow operations in the City of Operator, or its successors and assigns, during the preceding fiscal year. The right is reserved to the City of audit and recomputation of any and all amounts due under this Agreement, and no acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further additional sums due under this Agreement or for the performance of any obligation hereunder. 12. RECORDS Operator shall maintain complete and accurate records with respect to all expenses, receipts and other such information required by the City that relate to the performance of services under this Agreement. Operator shall maintain accurate records on services provided in sufficient detail to permit an evaluation of service and income received therefrom. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible to the City upon demand. Operator shall provide free access to the Revenue Manager or his or her designees to such books and records during regular business hours, and give the City the right to examine and audit same, and to make copies as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. Operator shall reimburse City for City's costs in performance of an audit if, as a result of the audit, it is determined that a discrepancy of ten percent (10 %) or more of the contract service fees paid during the period reviewed is due. Operator shall reimburse the City for such costs within thirty (30) days of the date the City notifies Operator in writing of the amount of City's cost. 13. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when delivered personally or on the second 5 business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Operator to City shall be addressed to the City at: Newport Beach City Hall 3300 Newport Beach Blvd., PO Box 1768 Newport Beach, California 92659 -1768 Attention: City Manager With copy to: Newport Beach City Hall 3300 Newport Beach Blvd., PO Box 1768 Newport Beach, California 92659 -1768 Attention: Revenue Manager All notices, demands, requests or approvals from City to Operator shall be addressed to Operator at: G & W Towing 965 W. 18`h St. Costa Mesa, CA 92627 14. TERMINATION The grounds for termination of this Agreement are set forth in Newport Beach Municipal Code Section 5.15.140, and include breach of any terms of this Agreement. In the event Operator has breached the terms of this Agreement or other grounds for termination exist, the City shall provide written notice of the nature of the default and the steps necessary to cure the default. If such default is not cured within a period of two (2) days after receipt by Operator of written notice of default, this Agreement may be terminated by the City Manager by giving written notice to the Operator. Notice that the Agreement has been terminated shall state the reasons for termination.. Any appeal shall be to the City Council. The right to appeal shall terminate fifteen (15) days following the date of personal service or deposit in the United States mail of the notice of termination. The City Council may preside over the hearing on appeal, or in the alternative, appoint a hearing officer to conduct the hearing and submit to the City Council its finding and recommendations. The City Council shall render its decision within forty-five (45) days of receipt of the hearing officer's findings and recommendations. The decision of the City Council shall be final. 15. COST OF LITIGATION If any legal action is necessary to enforce any provisions of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all reasonable attorneys' fees and costs. 16. COMPLIANCE WITH ALL LAWS Operator shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the City. 17. WAIVER A waiver by the City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 18. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Operator. The City hereby reserves every right and power, in the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the City, whether enacted before or after the effective date of this Agreement. Neither the decision to select Operator as an "Official" Police Tow Service provider or any provision of this Agreement shall constitute a waiver or a bar to the exercise of any governmental right or power of the City. There is hereby expressly reserved to the City Council the power and authority to amend any section of Chapter 5.15 of the Newport Beach Municipal Code as to require additional or greater standards on the part of Operator. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation Lm APPROVED AS TO FORM: CITY ATTORNEY ATTEST: MAYOR CITY CLERK OPERATOR f: users/ cat / shar ed /ae /PoliceTowTruckSer ice.doc Newport Beach Police Tow Rates Basic Tow $110.00 Medium Duty or Flatbed $118.00 Heavy Duty $208.00 Motorcycle $118.00 Outside Storage Car $28.00 Inside Storage Car $33.00 Motorcycle $15.00 Outside Storage Truck $32.00 Inside Storage Truck $38.00 After -Hour Release $37.00 Rollover/Winching $50.00 Dollies $37.00 Driveshaft/Linkage $20.00 City of Newport Beach Police Department April 8, 2003 To: ' Glen Everroad, Revenue Manager From: Lt. Andy Gonis, Traffic Services Commander Subject: OFFICIAL POLICE TOW CONTRACTS Recommendation: The Police Department recommends that the City renew its official police tow -truck service agreement with both G &W Towing and MetroPro- Harbor Towing companies. The City's current five -year contract with both companies expires in the near future. The renewal, if approved, will be in place for the next five years. Analysis: G & W Towing and MetroPro- Harbor Towing have served as official tow agencies for the Police Department for many years. Both companies have carried out their duties and responsibilities over the life of the current contract in a commendable manner. Each company has displayed the moral character and professional experience that is required by the Newport Beach Municipal Code. The managers and employees of both companies have always been very professional and positive in their dealings with our personnel and the citizens in the community. Minor operational issues (that are expected along the way in an around - the -clock operation) were resolved in an expedient manner during this contractual period. The annexation of Newport Coast, which took place this past year, increased the service levels of both companies and they each met this staffing challenge successfully. There are several additional areas that require comment. Both companies have excellent facilities and they have 24 -hour dispatch operations. Both company's service vehicles and equipment are kept in optimal service condition and are in compliance with applicable regulations. The response times for both agencies have been excellent. In summary, both companies have provided outstanding service to the Police Department and the City throughout the duration of their contracts. Based upon the long track record of consistent superior performance, the Police Department recommends that G &W and MetroPro- Harbor Towing companies continue as NBPD official police tow agencies. Respectfully Submitted, /V t ! ' v l Andy Gonis, Lieutenant Traffic Services Commander Approved by: Paul Henisey, aptain Patrol/Traffic Division Commander DATE__3_1_44-14U 3 CITY OF NEWPORT BEACH REVENUE DIVISION P.O. BOX 1768 NEWPORT BEAQ -L CA 92658.8915 (949) 644 -3141 RevenuelielpQo Qry.Newpon- Beach.ca.w APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY CTA o'' =o- Harbor Towing i ( i� �Phg 2 -4930 ListB(raPGncp umphreys Cl H Inside (e6g3ne 644-1237 Address 1747 Port Manleigh Circle, Newport Beach CA 92660 Car RATE SCHEDULE) $ (2) Storage / Impound Res Res Phone S Campbell $ (714) 318 -4470 Address Motorcycle: Roll -Over and Winching: Hourly Rate for Extended Service: 8441 Dallas Circle Huntington Beach SC 92646 (3) Res Phone Jeff Keene (Manager) 949 642 -4930 Addr==c 957 W. 17th Street Costa Mesa 92627 Harbor Towing, Inc. Res Phone _ Address 957 W. 17th Street, Costa Mesa, CA 92627 PROPOSED RATES Standard Tow Day Night Storage Rates Inside Outside Accident $ (SEE S TTACHED Car RATE SCHEDULE) $ $ Storage / Impound $ S Truck $ $ Use of Dolly: Remove and Replace Driveshaft: Motorcycle: Roll -Over and Winching: Hourly Rate for Extended Service: Opening After Designated Business Hours to Release Vehicles: Street Address: 957 W. 17th Street Costa Mesa CA 92627 Size of Lot: Size of Fenced Area: Area Under Cover: I Describe Other Security Measures: i T A D SPECIFICATIONS) INSURANCE (Attach Copy of Policy) Name of Company Policy No. l Discover Property & Casualty D072P01813 Name of Agent Agents Phone: r .T 8 Agents Name 15 Enterprise, #200 Aliso Viejo, A 92656 City of Newport Bea " ;se No. Expiration Date 00 8/3-1,/03 March 21, 2003 City of Newport Beach C/o Ms. LaVonne M. Harkless City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 Re: PUBLIC NOTICE INVITING BIDS OFFICIAL POLICE TOW TRUCK SERVICES HARBOR TOWING Dear Ms. Harkless: MetroPro Road Services, Inc. 1022 East Chestnut Avenue Santa Ana, California 92701 714 - 547 -6924 Fax 714- 953 -0664 MetroPro- Harbor Towing is pleased to provide the following proposal for review and consideration by the City of Newport Beach in response to the Public Notice Inviting Bids for Official Police Tow Truck Services For A Five Year Period. The offering firm for this proposal is: MetroPro- Harbor Towing 957 West 17th Street Costa Mesa, CA 92627 (949) 642 -4930 During the proposal evaluation period, any questions or clarifications may be directed to: Mr. Jody Campbell MetroPro- Harbor Towing 957 West 17th Street Costa Mesa, CA 92627 (714) 547 -6937 The attached bid proposal will provide information regarding our ability to serve the City of Newport Beach and the Newport Beach Police Department. However, there is no clearer way to illustrate our qualifications than our proven track record. MetroPro- Harbor Towing has provided the NBPD with emergency service for the past 37 years without incident. Based upon our proven record of performance and experience as an existing Official Police Tow contractor, coupled with an unmatched reputation of quality of A & P Towing • Bens Towing • Harbor Towing - Johns Towing • Santa Ana Towing City of Newport Beach Official Police Tow Truck Bid Proposal Page 2 customer service, we feel that MetroPro- Harbor Towing is best qualified to be awarded the bid proposed herein. BID PROPOSAL METROPRO- HARBOR TOWING OFFICIAL POLICE TOW TRUCK SERVICES QUALIFICATIONS, RELATED EXPERIENCE AND REFERENCES OF FIRM MetroPro- Harbor Towing ( "MetroPro- Harbor ") has provided law enforcement agencies and the general public with emergency towing, recovery and roadside service since 1965. From the company's inception, MetroPro- Harbor has provided uninterrupted service as an Official Police Tow for the City of Newport Beach ( "City "). MetroPro- Harbor and it's affiliated companies, Santa Ana Towing, A & P Towing, Ben's Towing, and MetroPro- Huntington Beach also serve as the official police tower for the cities of Costa Mesa, Irvine, Santa Ana, Huntington Beach, Tustin, Anaheim, and Fullerton. Furthermore, our companies serve multiple law enforcement districts for the Orange County Sheriff, California Highway Patrol, Freeway Service Patrol, and the United States Marshal. In 1998, MetroPro - Harbor expanded its service commitment in the Newport Beach community by acquiring John's Towing. John's Towing provides service for the Automobile Club of Southern California in Newport Beach. This acquisition increased MetroPro- Harbor's level of equipment, personnel and presence in the area. MetroPro- Harbor's impound facility is located at 957 West 17`h Street, Costa Mesa. The facility efficiently provides outside vehicle storage for over 400 vehicles with inside storage for thirty vehicles. MetroPro- Harbor's affiliated companies have impound facilities located in Huntington Beach, Santa Ana, Irvine and Anaheim. Our overall company size allows for economies of scale which are of direct benefit to the Newport Beach Police Department ( "NBPD "). Should the NBPD require an extraordinary amount of equipment and personnel, MetroPro- Harbor can utilize resources from its overall fleet of 45+ tow trucks and over 40 skilled drivers. City of Newport Beach Official Police Tow Truck Bid Proposal Page 3 MetroPro - Harbor's financial position has always been and continues to be solid. Atypical for the industry, the company has an extremely low leverage position and continues to finance working capital needs with cash flow from operations. There are no conditions that would impede our ability to complete our obligations to the City and the NBPD. Financial and trade references are available upon request. We are proud of our companies' management reputation in the. towing industry. We encourage you to contact the following references to further substantiate our quality of service: Costa Mesa Police Department Lieutenant Karl Schuler 99 Fair Drive Costa Mesa, CA 92628 (714) 754 -5384 Tustin Police Department Chief Steve Foster 300 Centennial Way Tustin, CA (714) 573 -3200 Huntington Beach Police Department Lieutenant Bill Peterson 2000 Main Street Huntington Beach, CA 92648 (714) 960 -8843 Irvine Police Department Lieutenant Mahalik One Civic Center Plaza Irvine, CA 92623 (949) 724 -7000 Santa Ana Police Department Chief Paul Walters P.O. Box 1981 Santa Ana, CA 92702 (714) 245 -8665 Fullerton Police Department Officer Rocco Grimaldi 237 W. Commonwealth Ave. Fullerton, CA 92832 (714) 738 -6800 PERSONNEL The most important attribute of MetroPro- Harbor's professional service is the quality and competency of its personnel. MetroPro- Harbor is committed to a philosophy of hiring the most qualified people, providing thorough, consistent, continued training and creating a workplace environment to support and encourage long -term employees. Unique to the towing industry, MetroPro- Harbor provides all full time employees with a benefit package including paid vacation time, company paid health and dental insurance, a 401(k) retirement service plan, and performance driven bonus programs. We have found the benefit package to provide strong employee City of Newport Beach Official Police Tow Truck Bid Proposal Page 4 morale, which has lead to low employee turnover compared to industry standards. The retention of good, experienced tow industry personnel for an extended period of time allows for a consistent, uninterrupted, high level of service to the NBPD. Employee responsiveness to our company's policies and procedures can be attributed to their solid employment opportunity. Screening Prior to employment at MetroPro- Harbor, all perspective employees submit to a hiring process that includes an employment application, a criminal background check, a DMV driving record check (drivers only), a driver - experience written quiz (drivers only), oral interviews, and a pre - employment drug test. Once hired, MetroPro- Harbor's employees are trained in department - specific programs and acknowledge and accept the company's Employee Handbook. MetroPro- Harbor's Employee Handbook is a 35- page document that provides our employees with a resource detailing MetroPro- Harbor's policies and procedures. Departmental Training Tow Truck Drivers. Before being released on their own, all tow truck drivers must complete training in accordance with MetroPro- Harbor's "Drivers Training Checklist". The Drivers Training Checklist is a guide for the trainer as instruction is provided to the trainee on safe and prompt methods to tow /recover /service a vehicle, the appropriate way to interact with law enforcement and the public, radio communications, properly completing necessary documentation, and understanding company policies. Training is performed by a seasoned tow truck operator and is overseen by a manager. In addition to "hands on" training, each trainee reviews and is questioned on an extensive training manual and video. Customer Service Personnel (dispatch, call- takers, release personnel). All Customer Service personnel attend a comprehensive customer service training program called Connecting with Customers given through AchieveGlobal, a Times Mirror company. The goal of this program is to help our employees develop and fine -tune skills and techniques to meet the challenge of making a human connection with every customer. City of Newport Beach Official Police Tow Truck Bid Proposal Page 5 Management maintains monthly dispatch and customer service meetings. Furthermore, all dispatch and customer service personnel receive a MetroPro- Harbors Dispatch Handbook. This 50 -page manual provides updated information concerning dispatch and customer service information. MetroPro- Harbor is actively involved with the hiring of personnel from various charity organizations such as Goodwill and the Salvation Army. . EQUIPMENT MetroPro- Harbor maintains a fleet of 18 tow trucks providing state -of- the -art damage -free towing equipment to accommodate light and heavy duty towing and recovery, specialized equipment for motorcycles, forklifts, motorhomes and classic /luxury vehicles (an equipment roster is attached). MetroPro- Harbor maintains two full -time mechanics at its facilities to ensure proper mechanical and safety maintenance of its fleet. MetroPro- Harbor is uniquely qualified for special events such as parades, check points, emergency /calamity responses to provide additional support to NBPD. In addition to the 18 tow trucks maintained for NBPD service, the remainder of MetroPro- Harbor's fleet will be available and may be utilized in the event of any special or emergency needs by the NBPD. This depth of our resources is a unique advantage of MetroPro- Harbor's service. MetroPro- Harbor complies with Sections 5.15.100 and 5.15.110 of the Newport Beach Municipal Code ( "NBMC ") concerning Standards for Tow Truck Equipment and Rules of Operation. TECHNOLOGY MetroPro- Harbor's Management Software ( "TMS ") system is custom designed to fully automate the towing and storage process from the initial call request through the final disposition of the vehicle. The TMS computer system provides a centralized database to integrate all major towing functions including dispatch, towing management, vehicle lot inventory, invoicing, record keeping, reporting, and lien sales. MetroPro- Harbor's TMS includes systems to record: Date and time request for tow was received City of Newport Beach Official Police Tow Truck Bid Proposal Page 6 • Location where vehicle was towed from and the name /number of the driver and truck making the tow • Vehicle identification number, license plate number, year, make, model and color of each vehicle towed • Reason for the tow • NBPD case number, if assigned • Date and time of release for each vehicle • Name, address and identification of customer to whom each vehicle was released • Itemized listing of all charges or fees assessed as well as the total fee paid and manner of payment The entire TMS system is automatically backed up on a daily basis with Veritas Backup Software to tape cartridges, which are then stored for 90 days in a fire proof safe. In the event of a power failure of any length, the computer systems, telephone systems, radio systems and critical lighting systems are supported by an uninterrupted power supply for an extended period of time before switching to generator power for as long as necessary. MetroPro- Harbor personnel are trained to immediately implement our backup power plan in the event of a power failure. FACILITIES MetroPro- Harbor's impound facility is located at 957 West 17th Street, Costa Mesa. This facility is comprised of a main vehicle storage area, inside evidentiary storage building, management offices, and a customer service area. Additionally, a secondary outside vehicle storage area is located directly across the street at 964 West 17th Street. Overall, this impound facility consists of approximately 61,000 square feet of outside vehicle storage area and approximately 5,500 square feet of inside vehicle storage area. The site is secured via controlled access gates and video taped surveillance systems monitoring storage and release areas. The facility is properly permitted by the City of Costa Mesa to store and release vehicles on a 24 -hour, seven-day - a -week basis. TOW AND STORAGE RATES MetroPro- Harbor will continue to provide service at rates in accordance with the City's Official Police Tow Truck Rate Schedule as designated in the Official City of Newport Beach Official Police Tow Truck Bid Proposal Page 7 Police Tow Truck Service Agreement, Section 3. A current schedule of rates are attached hereto. INSURANCE MetroPro- Harbor will continue to provide insurance as required by NBMC Section 5.15.130. Presently, our liability insurance carrier is Discover Property & Casualty and our worker's compensation carrier is State. Compensation Insurance Fund (see attached Certificate of Insurance). REPRESENTATIONS AND WARRANTIES MetroPro- Harbor represents to continue our long track record of compliance with all sections of NBMC Sections 5.14 and 5.15 pertaining to the operation of tow trucks and Official Police Tow Services. Further, we represent to continue our full compliance with all sections of the California Vehicle Code relating to the regulation of tow truck services. QUALFICATIONS OF STAFF MetroPro- Harbor's management staff will continue their commitment for the effective administration of the NBPD tow contract. MetroPro- Harbor's on -site Manager, Mr. Jeff Keeney, is responsible for the day -to -day operations and is extremely experienced in police towing operations. Below are background outlines for the two managing Principals of MetroPro- Harbor: Jody D. Campbell Education 1978 -1982 Stanford University. B.A., Psychology Relevant Experience 1996- Present Chairman, MetroPro Road Services, Inc. 1991 -1996 Vice President, Santa Ana Towing, Harbor Towing, A &P Towing. Brad Humphreys Education 1984 -1988 Stanford University, B.A., Economics Relevant Experience 1996- Present President, MetroPro Road Services, Inc. and Harbor Towing, Inc. 1991 -1996 Vice President, Santa Ana Towing, A &P Towing, Harbor Towing. BO TO ING EQUIPMENT ROSTER YEAR MAKE MODEL TYPE GVWR LICENSE VIN 1999 FORD F550 F/B 19,000 6A68316 1 FDAF56F6XEE15120 19991 I F450 W/L 15,000 5V52578 1FDXF46F1XEA26891 20011 FORD I F450 W/L 15,000 6L99096 1 FDXF46F91 EA47012 1995 FORD F800 W/L 26,000 5W10936 1FDNF82C7SVA35887 1999 FORD F450 W/L 15,000 5V53556 1 FDXF46F9XEB31338 2001 FORD F450 W/L 15,000 6L99094 1 FDXF46F71 EA89291 1999 FORD F450 W/L 15,000 6B99990 1FDXF46F1XEE97374 19991 FORD F450 W/L 15,000 6A86333 1 FDXF46F7XEE97380 2001 FORD F450 W/L 15,0001 6L99855 1 FDXF46F61 EA37487 2001 FORD F450 W/L 15,0001 6L99853 1FDXF46F11EA37459 2001 FORD F550 F/B 19,000 6L99095 1 FDAF56F0l EA30529 2001 FORD F550 F/B 19,000 6L99268 1 FDAF56F71 EA30530 1999 GMC 6500 F/B 26,000 5V54352 1GDJ6H1C9XJ500295 1999 GMC 6500 F/B 26,000 5V52740 1GDJ6H1CXXJ500516 1999 FORD F450 W1L 15,000 5V53083 1 FDXF46F8XGB35042 20001 FORD F450 W/L 15,000 6C67451 1FDXF46F4YEB08437 19891 FORD F700 H/D 30,000 4P216841 1FDXK84A5KVA19879 1991 PETE 379 L H/D 50,000 6P31322i 1XP5DB9X8MD303806 ACORD CERTIFICATE OF LIABILITY INSURANCI�U SHCOS 07/24/00: : OPID s DATE (MM OD PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher 6 Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15 Enterprise, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. *" iso Viejo CA 92656 INSURERS AFFORDING COVERAGE Jne:949- 349 -9800 Fax:949- 349 -9900 INSURED INSURER A: Discover Property 6 Casualty INSURER B: State Compensation Ins. Fund Harbor Towing INSURER C: 951 W. 17th Street INSURER U: Costa Mesa CA 92627 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTTR — TYPE OF INSURANCE POLICY NUMBER DATE MM/D DATE MM/DDIYY N OMITS GENERAL LIABILITY EACH OCCURRENCE 3 see G3ra e COMMERCIAL GENERAL LIABILITY SEE cnPAU[ LIABtLtTY•• FIRE DMIAGE(Myane Trej '50,000 - CLAIMS MADE FX OCCUR `J MED EXP (My we parson) S PERSONAL & ADV INJURY S 1,000,000 GENERALAGGREGATE I S see Garage PRODUCTS - COMP /OP AGG $see Garage GEN'L AGGREGATE LIMIT APPLIES PER: - POLICY . . JECT LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00( • X�ANYAUTO D072P01813 07/24/02 Ea awdenB 07/24/03 '-� ALL OWNED AUTOS i 51.000 BI /PD DEDUCTIBIS I ` BODILY INJURY SCHEDULED AUTOS We, person) $ X "HIRED AUTOS BODILY INJURY X '. NON -OMED AUTOS S j (Per awidenl) - PROPERTY DAMAGE $ a=idenq (Per GARAGE LIABILITY AUTO ONLY - EA ACCIDENTS 1,000,000 • X.ANYAUTO �D072POIS13 ' 07/24/02! 07/24/03 ;OTHER THAN EA ACC is 1,000,000 • X!Gara a Liability j INCLUDES PREMISES.PRDDUCT 07/24/021 07/24/03 !AUTO ONLY: AGG1$ 3,000,000 EXCESS LIABILITY I ' EACH OCCURRENCE S OCCUR CLAIMS MADE II AGGREGATE ! 3 ! DEDUCTIBLE RETENTION S I I ( S . WORKERS COMPENSATION AND ! X TORY LIMITS ER _ . EMPLOYERS' LIABILITY B 937/34 -02 04/01/02 04/01/03 E. L. EACH ACCIDENT jS E L DISEASE - EA EMPLOYEEI S I + E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER i I i • GKLL j D072POIS13 j 07/24/02, 07/24/03 1,500,000 Total Limit • ON HOOK INCLUDED D072POI813 07/24/021 07/24/03 $500,000 - Za.Loc. DESCRIPTION OF OPER nONSILOCAnONS EHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 day notice for nonpayment of Premium CERTIFICATE HOLDER i N : ADDITIONAL INSURED: INSURER LETTER: CANCELLATION NEWP007 SHOULD ANY OF THE ABOVE DESCRIBED POOCIES BE CANCELLED BEFORE THE EXPIRATPO' DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL . 0* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL Newport Beach Police Dept. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 870 Santa Barbara Drive REPRESENTATIVES. Newport Beach CA 92660 EDREPRESEIITATIVE. , Jerry Niewiadomski ACORD 25 -S (7197) © ACORD CORPORATION 1988 Harbor /John's Towing Newport Beach Police Tow Rotation Rates Towing - Light Duty $110.00 Medium Duty, Flatbed Request $118.00 Heavy Duty $208.00 Motorcycle $118.00 Storage (daily)- Vehicles - Outside $28.00 Vehicles - Inside $33.00 Motorcycle $15.00 Truck or Motorhome - Outside $32.00 Truck or Motorhome - Inside $38.00 Labor- After -Hour Release $37.00 On -Site release $55.00' Rollover/Winching $50.00 Dolly /Go -jacks $37.00 Driveshaft/Linkage $20.00 Service Call- minimum $75.00 Labor $110.00 /hr. 'Rate per CVC 5/03 DATE 3/18 / 2003 CITY OF NEWPORT BEACH REVENUE DIVISION P.O. BOX 1768 NEWPORT BEACH, CA 92658.8915 (949) 644 -3141 RevenueHelpQo Gty.Newport- Beach.ca.us APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Company Name G & W Towing Storage Rates one 8 siness P e42 -1252 List (3) Principals ne & Elizabeth H. Miller f� 6h02 5 2 l b U L1 Address 1401 Galaxy Drive Newport Beach CA 92660 (2) 5 Truck S Res Phone Address Remove and Replace Driveshaft: Motorcycle: Roll -Over and FNinching: F(3 I— Opening After Designated Business Hours to Release Vehicles: 1 Res Phone Address Owner Name Same as above Res Phone Address PROPOSED RATES Cities current approved rates, Please see attached Standard Tow Day Night Storage Rates Inside Outside Accident S Car 5 S Storage/ Impound $ 5 Truck S $ Use of Dolly: Remove and Replace Driveshaft: Motorcycle: Roll -Over and FNinching: Hourly Rate for Extended Service: Opening After Designated Business Hours to Release Vehicles: 1 DESCRIPTION OF EQUIPMENT Year Make Model Capacity V.I.N. Vehicle Meets Equipment Specs'? 3tt i STORAGE FACILITY please see attached I Street Address' i 965 West 18th Street Costa Mesa CA 92627 Size of Lot: 1 2 1/2 Acres Area Under Cove 11,000 Square Feet Size of Fenced Area: 100,000 Square Feet Describe Other Security Measures: On site security 24 hours a day 365 days a_y ar. All vehicles are stored at our main storaq_ facilities. office, we do Reception office not_use an y s se arate _ -- open 24 hours a day 365 Newport Beach Police Tow Rates Basic Tow $110.00 Medium Duty or Flatbed $118.00 Heavy Duty $208.00 Motorcycle $118.00 outside Storage Car $28.00 Inside Storage Car $33.00 Motorcycle $15.00 outside Storage Truck $32.00 Inside Storage Truck $38.00 After -Hour Release $37.00 Rollover/Winching $50.00 Dollies $37.00 Driveshaft/Linkage $20.00 VEHICLE LIST 03 -26 -02 MAKE LICENSE TYPE VIN# PURCHASED FASTRAK #2 1997 CHEV 3500HD 5547799 WHEELLIFF IGBKC34FXVJ105733 01/97 30741 #6 1998 CHEV 3500HD 5V38840 WHEELLIFT 1GBKC34FS5WJ100229 08/97 30744 #8 1998 CHEV 3500HD 5W35226 WHEELLIFF 1GBKC34F2WF051302 04198 30745 #10 1999 CHEV 3500HD 5X60757 WHEELLIFT 1GBKC34F2XF009603 12/98 30893 #12 1999 CHEV 3500HD 5Z08016 WHEELLIFT IGBKC34FOXF028246 01/99 30894 #14 2000 CHEV 3500HD 6F43277 WHEELLIFT 1GBKC34F8YF465445 03/00 11066 #16 2000 ' CHEV 3500HD 6J11923 WHEELLIFT IGBKC34FIYF485455 04/00 96767 #18 2001 CHEV 3500HD 6R77779 WHEELLIFT 3GBKC34F51M105751 08/01 30895 #20 2002 CHEV 3500HD 6V69013 WHEELLIFT 3GBKC34F52M100440 09 -01 50580 #26 2000 GMC C6500 CP58999 FLATBED 1GDK6H1C9XJ509097 01 /00 00070 #28 1999 GMC C6500 CP58998 FLATBED 1GDK6H1C1XJ504524 03/99 60068 #30 2000 GMC C6500 CP65361 FLATBED 1GDK6H1C4YJ517379 04/00 00440 #32 1999 PETERBILT SP90851 TRACTOR 1XPGDU9XSXD495625 12/98 80732 #32T 1999 LANDOLL GT91169 TRAILER 1LH660UH7X1A09938 12/98 N/A #36 2001 CP60473 90/55 1NPGLU9X31D560689 12 -00 60066 PETERBUILT #40 2002 CP66930 FLATBED 1GDK7H1C723512052 06 -02 80733 GMC C6500 AC Dn }}:CERTFiATE;�F LigfLITYINSURgNiCE . �mowwrae✓_. :.......r,.r <aw..c..SO:...w_ -L. ....�..... .. ..as.,:: ?w:zxst?, PRODBOER 1 .�..,:: . . . . x . . s � . . 3 ; .. 06 12/2002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ceaterpoiate Insurance Service 28720 Roadside Drive, Suite 299 !ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Agoura Hills, CA 91301 COMPANIES AFFORDING COVERAGE LICENSE#0735759 (818)991 -2441 COMPANY A TRANSCONTINENTAL INS CO INSURED COMPANY 926 UNLIMITED INC. DBA: G & W B TOWING, PACIFIC WRECKER SALES, COMPANY 955 -975 W. 18TH STREET C COSTA MESA, CA 92627 COMPANY - G &WTOO D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USIED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE DATE (MM/DDIM POLICY EXPIRATION DATE (MM /DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMMERCIALGENERALLIABIUP/ CLAIMS MADE OCCUR PERSONAL &ADV INJURY $ EACH OCCURRENCE $ OWNERS &CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) S MED EXP (Any one Person) $ • AUTOMOBILE LIABILITY 226719054 06/12/2002 06/12/2003 ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Pef cemn) S ALLOWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accident) $ HIRED AUTOS NONOWNEDAUTOS X PROPERTY DAMAGE S • GARAGE LIABILITY 226719054 06/12/2002 06/12/2003 AUTOONLY- EAACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ 1,000,000 X INCL. PREM PRODS X & COMP OPS AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY RY IM IT O. EL EACH ACCIDENT 5 THE PROPRIETORI INCL PARTNERS/D(ECUTNE EL DISEASE - POLICY LIMIT 5 EL DISEASE - EA EMPLOYEE 3 OFFICERS ARE: EXCL A OTHER 226719054 06/12/2002 06/12/2003 AS PER VEHICLE 250000 ON -HOOK /CARGO SCHEDULE !NOTE. HOLDER IS AN ADDrTIONAL DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS ONLY C- L GARAGEXEEPERS LEGAL LIABILITY ARISING FROM THE OPERATIONS OF THE LOC - 955 -975 W. 18TH STREET, COSTA MESA, CA - $400,000 LIMIT NiNEP.INcuRm. HT(�(cATEHbLD�R clTyx3 QITYN3 CANCELLATIC}1J , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3300 NEWPORT BLVD. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. NEWPORT BEACH, CA 92660 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY.:3TS AGE TS, OR REPRESENTATIVES. AUTHORIZED R RES kYATIVE . r (y J_GY -A WTI N-4 4 iY. 1 W '41 �2 7 my J 111V M b 00. f At o. s;" w . .1.1 �0 ST. A 1. MOR" 11110 FIJI: 1 11 1- 949 - 642 -1252 * Toll Free 1- 877 - 642 -1252 Y FAX 1- 949 - 646 -3492 ,965 W. 18th Street, Costa Mesa, California 92627 18 March 2003 City Council City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92663 Dear Council Members: Please accept the attached forms as our bid for renewal of our current contract for Police Towing Services with the City of Newport Beach. The rates bid in our proposal are the current City rates, please see attached copy. The goal of our company continues to be providing the highest possible quality of service to the City of Newport Beach, and its citizens. we have pursued this goal in many ways, first by seeking out and hiring the finest people in the industry, and second by providing these people with the best equipment and storage facilities possible, all located within two (2) miles of the Newport Beach City Hall -. This commitment allows our company to quickly provide service to all of Newport Beach, including the Newport Coast area by stationing trucks and drivers in that area for immediate response. This is all in our opinion, part of our responsibility in pursuit of our goal. Our company meets or exceeds all of the Municipal Code Requirments for Police Towing Service in Newport Beach, and for the Councils convenience I have included a list for your review. Your consideration of our proposal is greatly appreciated. If we may be of any further assistance, please do not hesitate to call. S i ncc e rr /eell_ , G. Wayne Miller President 1- 949 - 642 -1252 • Toil Free 1- 877 - 642 -1252 • FAX 1- 949 - 646 -3492 965 W. 18th Street, Costa Mesa, California 92627 Official Police Towing Contractor since 1980 Handicapped accessible office facilities Bilingual staff Reception area open and attendant on site 24 hours a day 365 days a year, so our customers do not have to wait outside at night for someone to respond to our retrieve their vehicle Well lighted front entrance with public telephone access All vehicles stored in one location for greater security Digital camera survaillance system Vehicle storage area licensed by the City of Costa Mesa for 24 hour use Well lighted storage area with capacity for over 300 vehicles Storage yard enclosed by a 8 foot fence topped with barbed wire and razor ribbon Inside storage for over 30 vehicles needing high security 9 Wheel lift tow trucks, 3 standard flatbeds trucks 1 Enclosed flatbed truck for moving evidence or vehicles in high security 1 Peterbilt 55 ton heavy duty tow truck with over 1000 feet of cable 1 Peterbilt with a low boy trailer for moving large vehicles On site vehicle maintenance of all of our vehicles Million dollar insurance policy with 4 million umbrella Computer dispatch with Teletrac vehicle locating for quick response State and Federally licensed providing service for the Costa Mesa Police Department, California Highway Patrol, A Sheriffs Dept. We are a professional towing company with over 32 years of experience in the [Newport Beach area, committed to providing the best service possible. .A %/ 1_ a/I%/n.wi W MALIWN f iJ�r•{:4�'. ���;•'K��cII �'W Q6H® G. �� :li: �........ '/^iJ ��, �.�ii _:, ,'..,Y .. i 6 .. .. \'." �i�i�. '?r:'i�P:._'Xa!'� ^*�54�+Yti$t?I: �:^�:�•4ti ?31�iitS..r_'..7:' ... FF, 1 ..I /I J Ali FIN RAO yv A� Vl`% L ..� 1 m ' N _ lital• MINIM L ..� 1 AMMI-� JM S C. Big or Small We Tow Them All We have the equipment to tow everything from motorcycles to 18 wheeler trucks, and the experienced people necessary to do the job right, 24 hours a day, 7 days a week. ra a ns v v Quick Response Chris uses many modern systems to track and direct our fleet of emergency vehicles, including computer dispatch, Teletrac vehicle positioning, and 24 hour camera surveillance. ,.. 29 9 PT i�i.= sljyat °.: -.� .: �n[+ti�i... r.•- Y:;a•• J•, ., _ f -: i . .� .•. _ je 9 PT i�i.= sljyat °.: -.� .: �n[+ti�i... r.•- Y:;a•• J•, ., _ f -: