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HomeMy WebLinkAboutC-1601 - Tow truck servicesCHUBB /PAC14WDEMNITY GROUP IPWARTIFICATE OF 100 William Street 3200 Wilshire Boulevard INSURANCE C44Uee New York, N.Y. 10038 Los Angeles, Calif. 90010 Name and address of party to whom this certificate is issued Certificate No. City of Newport Beach — FEDERAL INSURANCE CO. _GREAT NORTHERN-INSURANCE CO. Office Of The City Clerk -- PACIFIC INDEMNITY CO. ,VIGILANT IN%("CE_CQ. 3300 Newport Blvd. —SUN INSURANCE OFFICE LTD. Newport Beach, Ca. 92663 �\ Name 8 Address Insured Name & Address Producer £ Coast Towing Company Parker - Doubledee 132 Industrial Way 3130 Harbor Blvd. Costa Mesa, Ca. 92627 Costa Mesa, Calif. Zi This is to certify that the Company indicated by X has Issued to the Named Insured insurance affordin dicated by a specific (X) entry in the Coverage column subject to the terms, conditions, and exclusions such insurance is in force as of (date) 3/20/7.9 • >3 9 1.0. r �IIY_ coverages gs�a(a in- i�dhcvVesYand that It the policyiles) is cancelled or changed in such manner as to affect this certificate, the Company will mail to the party to whom this certificate Is issued, at the address shown above, 10 days notice of any such change or cancellation. U This certificate shall not be valid unless signed by an authorized representative of the Company ` Ad4 ° 2morized Repremntative i Form 07-02 -22/5 part (Rev. 5.72) (Formerly 21101) L-8853 °''` TYPE OF POLICY Coverage POLICY NUMBER POLICY PERIOD UNITS OF LIABILITY Standard Workman's Compensadon & E rs' UabRity Eff. Ex p. Statutory —In conformance with the Compense tion Law of the State of General Uablifty -- BODILY INJURY Premises - Operations Eff. Exp. S Each Person / {t S Each Occurrence $ Aggregate-Products- Comp" Oper. $ Each Person = Each Occurrence $ Each Occurrence S Agg. -Prem. Oper. $ Aggregate-Protecttva $ Aggregate-Products- Compl. Oper. $ Each Occurrence $ Aaareante Escalators Independent Contractors Products - Completed Operations Incidental Contractual Specified Contractual* Blanket Contractual General UabIIRy— PROPERTY DAMAGE Premises - operations Escalators Independent Contractors Products - Completed Operations Incidental Contractual Specified Contractual' Blanket Contractual Automobile LIablltty— BODILY INJURY Owned Automobiles X (78) 7775 - 8897 Eff- 6/15/77 Exp. 6/16178 = 5001000 Each Person Combined Single Limit S Each Occurrence $ Each Occurrence Hired Automobiles x Non -owned Automobiles X Automoble Uabiltty— PROPERTY DAMAGE Owned Automobiles x Hired Automobiles X Non -owned Automobiles X ' Coverage Is provided for liability assumed by the Named Insured for the contract between the Named Insured and dated as provided in the contractual liability coverage part attached to the policy. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. - It the policyiles) is cancelled or changed in such manner as to affect this certificate, the Company will mail to the party to whom this certificate Is issued, at the address shown above, 10 days notice of any such change or cancellation. U This certificate shall not be valid unless signed by an authorized representative of the Company ` Ad4 ° 2morized Repremntative i Form 07-02 -22/5 part (Rev. 5.72) (Formerly 21101) L-8853 °''` NCH MEMOBA"UM: FmM ASSISTANT CITY ATTORNEY TO. .......... CITY. -. CLERK ....................... ------ Re: Certificate of Insurance.for Coast Towing Co. ........... r9arsh.22- ......... , IY.7.$... I have reviewed the certificate submitted by Coast,Towing Co. The City ordinance; section 5.15.070, sets forth rather compre- hensive standards for.the certificate of insurance. I am unable to tell whether . the policy of insurance issued to Coast Towing Co, complies with.all.the requirements of section 5.15.070 of.the Newport Beach Municipal Code. The amount of $500.;000 combined single limit is adequate per City policy; however, the other provisions of that section may,or may not be complied with. We will need to see the policy of insurance to make this determination. I am sending with this memo a copy of section 5.15.070 of the Newport Beach Municipal Code.which you may send. to Coast Towing Co, so they may review the ordinance with their- insurance carrier to determine whether or not their current policy is adequate. We will, however, need to review the policy - either the one now in effect or an amended policy - to make a determination regarding the adequacy of the liability ins - -- HRC:kb xc: Bill Brown (w /out attach.) attach. R40Y vranted ❑ AeWY not neeanary 5.15.060- 5.15.070 BUSINESS LICENSES AND REGULATIONS 5.15.060 Agreements. (a) Successful applicants shall enter into an agreement with the City, which agreement shall contain eligibility requirements, operating regulations and fee schedules as adopted by the City Council. "nie City and the "Official Police Tow Service" may review and revise the fee schedule by mutual agreement at any time upon finding the existing rates are inequitable. The fee schedule shall be available to interested citizens upon request. (Ord. 1503 § 1 (part), 1973). 5.15.070 Standards for Tow Truck License — Liability Insurance. (a) No tow truck license shall be issued under this Chapter, nor shall such license be valid after issuance, nor shall any tow truck be operated in Newport Beach unless there is at all times in force and effect insurance to do business in the State of California, for each and every tow truck owned and /or operated by or for the applicant or licensee, providing for the payment of damages. (1 ) For injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the tow truck was being driven by the owner or his agent, and, (2) For the loss of or damage to the property of another, including personal property, under like circumstances, in such sums and under such terms as may be required in regulations promulgated by the Director of Finance. (b) Said insurance policies shall be submitted to the License Division for approval prior to the issuance of each tow truck license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the License Division, in such form as the Director of Finance may specify, by all licensees required to provide such insurance under the provisions of this Chapter. (c) Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, not withstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of nonpayment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such policy of insurance shall be further conditioned for the payment of any judgments up to the limits of said policy, recovered against any person other than the owner, his agent or employee, who may operate the same with the consent or acquiescence of the owner. (d) Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than ten days' written notice to the License Division and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the tow trucks covered by such policy, unless another insurance policy (Newporf Be.,,h 715 -77) 90-10 � N OFFICIAL POLICE TOW TRUCK SERVICE 5.15.080 - 5.15.100 complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination, (Ord. 1503 § 1 (part), 1973). 5.15.080 Hearing on Application. Upon receipt of any such application, the Director of Finance shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation the Chief of Police shall inspect the vehicles and equipment and shall require the applicant or any person named in the application to be photographed and fingerprinted. The Chief of Police shall complete his investigation within thirty (30) days unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the Director of Finance regarding the moral character of the applicant and other persons named in the application, and the adequacy and safety of the vehicle with respect to cleanliness, equipment, safety devices, brakes, lights, and obsolescence. Upon receipt of said report, the Director of Finance shall transmit the application and report to the City Clerk who shall set the same for hearing before the City Council. The City Clerk shall give notice of the time so set at least five (5) days before the date of said hearing to the applicant by mail at the address set out in such application, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. The City Council shall render its decision within thirty (30) days after the matter is first set for hearing before it. (Ord. 1503 § 1 (part), 1973). 5.15.090 Issuance of Certificate. At the time set for the hearing of such application, the City Council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, and may order the Director of Finance to issue a certificate in accordance with said application, subject to the filing and approval of an undertaking subject to such conditions as may be imposed by the City Council, including the minimum and maximum number of vehicles that may be used. In reaching a decision, the City Council shall consider the following factors: (a) Whether the applicant is qualified on the basis of moral character, experience in the towing business, and financial responsibility; (b) The probable effect that approval of the application would have on the level and quality of service available to the public; (c) Whether the facilities, personnel and equipment which the applicant proposes to use are adequate. (Ord. 1503 § I (part), 1973). 5.15.100 Standards for Tow Truck Equipment. (a) Truck chassis: Official police tow services must have at least two rigs of one ton capacity with rear dual wheels. The police officer on the scene shall determine if greater capacity is needed and shall call upon any service capable of 90-11 (Ncwpmt Beach 7- 15 -77) r �% 40 Kash 13, 1978 Coast Towfag Company 132 Industrial Way Costa Mesas CAA 92627 Elation 9.13.070 of the Newport Beach Municipal. Coda provides that no tow truck licensed fur official police tow truck service shall operate to the City of Newport Beach unless than is at all times insurance In full force and offset as met out in this section$ eopy of which Is attached. In order to bring your operation into compliasea, will you places fuesish the required issursraa with einimum combined single limits of liability coverage is the amount of five hundred thousand dollars (1500.000) as soon as possible. Doris Gorge City Clark Meek ana. nau City Attorney Safety and Insurance Administrator 71ssace Director/Bnsiates Lines" Supervisor 5.15.060 - 5.15.070 BUSINESS LICENSES AND REGULATIONS 5.15.060 Agreements. (a) Successful applicants shall enter into an agreement with the City, which agreement shall contain eligibility requirements, operating regulations and fee schedules as adopted by the City Council. "file City and the "Official Police Tow Service" may review and revise the fee schedule by mutual agreement at any time upon finding the existing rates are inequitable. The fee schedule shall be available to interested citizens upon request. (Ord. 1503 § I (part), 1973). 5.15.070 Standards for Tow Truck License — Liability Insurance. (a) No tow truck license shall be issued under this Chapter, nor shall such license be valid after issuance, nor shall any tow truck be operated in Newport Beach unless there is at all times in force and effect insurance to do business in the State of California, for each and every tow truck owned and /or operated by or for the applicant or licensee, providing for the payment of damages. (1) For injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the tow truck was being driven by the owner or his agent, and, (Z) For the loss of or damage to the property of another, including personal property, under like circumstances, in such sums and. under such terms as may be required in regulations promulgated by the Director of Finance. (b) Said insurance policies shall be submitted. to the License Division for approval prior to the issuance of each tow trick license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the License Division, in such form as the Director of Finance may specify, by all licensees required to provide such insurance under the provisions of this Chapter. (c) Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, not withstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of nonpayment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such Policy of insurance shall be further conditioned for the payment of any judgments up to the limits of said policy, recovered against any person other than the owner, his agent or employee, who may operate the same with the consent or acquiescence of the owner. (d) Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than ten days" written notice to the License Division and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the tow trucks covered by such policy, unless another insurance policy (cse.opo,i Bead, 90-10 OFFICIAL POLICE TOW TRUCK SERVICE 5.15.080- 5.15.100 complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination. (Ord. 1503 § I (part), 1973). 5.15.080 Hearing on Application. Upon receipt of any such application, the Director of Finance shall, upon determining the application to be in order, refer the matter to the Chief of Police for invdstigation. In the course of the investigation the Chief of Police shall inspect the vehicles and equipment and shall require the applicant or any person named in the application to be photographed and fingerprinted. The Chief of Police shall complete his investigation within thirty (30) days unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the Director of Finance regarding the moral character of the applicant and other persons named in the application, and the adequacy and safety of the vehicle with respect to cleanliness, equipment, safety devices, brakes, lights, and obsolescence. Upon receipt of said report, the Director of Finance shall transmit the application and report to the City Clerk who shall set the same for hearing before the City Council. The City Clerk shall give notice of the time so set at least five (5) days before the date of said hearing to the applicant by mail at the address set out in such application, and to all persons to whom certificates of public convenience and necessity have been theretofore issued. The City Council shall render its decision within thirty (30) days after the matter is first set for hearing before it. (Ord. 1 503 § 1 (part), 1973). 5.15.090 Issuance of Certificate. At the time set for the hearing of such. application, the City Council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, and may order the Director of Finance to issue a certificate in accordance with said application, subject to the filing and approval of an undertaking subject to such conditions as may be imposed by the City Council, including the minimum and maximum number of vehicles that may be used. In reaching a decision, the City Council shall consider the following factors: (a) Whether the applicant is qualified on the basis of moral character, experience in the towing business, and financial responsibility; (b) The probable effect that approval of the application would have on the level and quality of service available to the public; (c) Whether the facilities, personnel and equipment which the applicant proposes to use are adequate. (Ord. 1503 § 1 (part), 1973). 5.15.100 Standards for Tow Truck Equipment. (a) Truck chassis: Official police tow services must have at least two rigs of one ton capacity With rear dual wheels. The police officer on the scene shall determine if heater capacity is needed and shall call upon any service capable of 90-11 (Newport Reach 7- I5 -77) 1I . 40TY OF NEWPOBOEACH MEMORANDUM: Front ASSISTANT CITY ATTORNEY TO DORIS GEORGE, CITY CLERK March 7, 1978 .. - --. °-- . ° ° ° - - ........... ............. RE: Insurance Certificates for Ambulances �l Pursuant to Chapter 5.14 of the Newport Beach Municipal Code certain ambulances operating within the City of Newport Beach have been issued a certificate of public convenience and necessity by the City of Newport Beach City Council. Any ambulance with such a certificate is required to file with the City Clerk a policy of insurance, approved by the City Attorney and the Finance Director, evidencing minimum amounts of public liability insurance. See Section 5.14.140 for details. A recent California Supreme Court case, Morris v. County of Marin, has held that a public entity may Fe found liable for payment of damages suffered by a person when the public entity'£ails to require minimum insurance as set forth by statute. It appears that the City must carefully monitor the public liability insurance for the ambulance certificate holders. Since the City Clerk is the holder of the policy of insurance, it seems appropriate that the Clerk's office should undertake the responsibility of reviewing the insurance policies to find expiration dates and to notify the certificate holder not less than 45 days prior to expiration that the policy must be renewed or the certificate may be revoked by the City Council. We would suggest that your department maintain a system whereby notices are automatically sent out 45 days prior to expiration on these insurance policies to be certain there is no lapse or failure of coverage. Sho ld you have questions regarding this, I would be pleased to t k to you regarding them. /) A J Assi3-tant City Attorney HRC:ys Reply wanted [j Reply not necessary 0 N6.T1 J Reply wanted [j Reply not necessary 0 N6.T1 ftTY OF NiEWPOR &EACH MEMORANDUM: FiOM ASSISTANT CITY ATTORNEY TO.......... DORIS GEORGE, City Clerk March 7, 1978 ....... ._..-- ................- ....-..° - RE: Certificate of Insurance for Vehicles Controlled Under Chapter 5.12 of the Newport Beach Municipal Code I have recently written to you regarding the insurance policy requirements for ambulances holding a certificate of public convenience and necessity issued by the City of Newport Beach. It appears that since the Clerk was the custodian of those insurance policies that the Clerk should notify the certificate holder of expiration of the policy dates. A similar situation exists for vehicles regulated under Chapter 5.12 of the Newport Beach Municipal Code, relating specifically to taxi -cabs, vehicles for hire and the like. Again, pursuant to Section 5.12.070, the City Clerk is the custodian of the insurance certificate. A similar "tickler" system should be provided to notify the licensee of impending lapse of coverage, not later than 45 days prior to the lapse. I would suggest that a similar system be set up to notify all such licensees of the insurance requirement. A similar condition exists in Sectiox -5 5.090 .of the Code for the official police tow truck service. Any -- official police tow truck service must also be notified of the impending lapse of liability insurance 45 days prior to lapse. Additionally, Section 5.44.130(b) sets forth insurance require- ments for the CATV franchisee. A similar notice of impending cancellation or lapse is required. The foregoing apparently are all of the regulatory ordinances of the City which require liability insurance to be deposited with the City Clerk. Should you have questions regarding setting up such a system, I would be happy to discuss them with you. HRC:ys Reply wanted Reply not necee ry p Nl7o w CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE January 18, 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1601 Description of Contract Police Toga Truck Services Authorized by Resolution No. 8167 , adopted on December 17, 1974 Effective date of Contract January 10, 1974 Contract with Coast TadnR y Address 132 Industrial Way Costa Mesa, CA 92527 Amount of Contract -- January 18, 1974 Coaez��0o a 132 W ay (beta Mesa, CA 92627 Subject: Ccntrmct No. 1601 Dwaosed is a fully em*IW COPY of your agreement with the City of Newport Heath in emnectim with too truck services. Rhe City Cmicil authorized the ewwutim of this &Pvemrsnt on Daoember 17, 1973 by the adopticn of Peeoluticn No. 8167. i atmx Lagios, CKC City Clerk LL:swk enc. i A_G_R_E E M_E_N T_ 11y/ THIS AGREEMENT is made and entered into this -- day of Q44)1)4 &Yy 1971, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and COAST TOWING COMPANY, hereinafter referred to as "OPERATOR ". W I T N E S S E T H: WHEREAS, the City Council of the City of Newport Beach has selected OPERATOR as one of the "Official Police Tow Truck Services "; and WHEREAS, Section 5.15.060 of the Newport Beach Municipal Code requires that an agreement be executed between CITY and OPERATOR which contains the eligibility requirements, operating regulations and fee schedules for the operation of "Official Police Tow Truck Services ". NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. The parties hereto mutually agree that the operation of OPERATOR'S "Official Police Tow Truck Service" will be in conformity with the eligibility requirements and operating regulations contained in Chapter 5.15 of the Newport Beach Municipal Code, which is attached hereto marked as Exhibit "A" and which by this reference is incorporated herein as if fully set forth. 2. The parties hereto further mutually agree that the fee schedule for the operation of the "Official Police Tow Truck Services" within the City of Newport Beach shall be as set forth -1- in that resolution adopted by the City Council of the City of Newport Beach on November 26, 1373, which is attached hereto marked as Exhibit "B" and which by this reference is incorporated herein as if fully set forth. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth above. ATTEST: k-zT,y Clerk CITY OF NEWPORT BEACH APPROVED AS TO FORM: Assistant City Attorney DRB/bc 12/18/73 -2- COAST TOWING COMPANY CITY OPERATOR 0 RESOLUTION NO. 816 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BENCH AUTHORIZING THE EXECUi'ION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COAST TOWING COMPANY IN CONNECTION WITH TOW TRUCK SERVICES WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Coast Towing Company in connection with designating said company as an "Official Police Towing Service "; and WHEREAS, the City Council has considered the terms and conditions of said tow truck agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement for the tow truck services above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 17th day of December, 1973. Mayor ATTEST: City Clerk min 12/12/73 6 �r "�:_�.srRt:'.`.'v''_,F. .i?S>...rac