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