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Home My WebLink AboutC-2148 - Official Police Tow Servicec-z/fig OFFICIAL POLICE TOW TRUCK SERVICE AGREEMENT THIS AGREEMENT is made and entered into this first day of May, 1993 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City," and, G & W Towing Inc., doing business as G & W Towing, whose address is 965 W. 18th Street, Costa Mesa, CA 92627 (hereinafter referred to as "Operator"), is made with reference to the following: RECITALS• A. The 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 prescribes the basic regulations for the operation of official police towing services in police emergency situations and in the removal of vehicles which are apparently abandoned, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failures. C. Section 5.15.080 provides that tow truck services that are awarded a Certificate of Public Convenience pursuant to the established bidding process are required to enter into an agreement which contains eligibility requirements, operating regulations and fee schedules as adopted by the City Council. D. City desires to assure the availability of prompt, efficient and reliable 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 "Official" r�„Q Truck Services. 1 F. The City and Operator desire to enter into an agreement for the operation of an "Official" Police Tow Truck Service, the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the first day of May, 1993, and shall terminate on the 30th day of April, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED BY OPERATOR Operator agrees to operate as one of the City's "Official" Police Tow Truck Services in conformity with the eligibility requirements and operating regulations contained in Chapter 5.15 of the Newport Beach Municipal Code, and which by this reference is incorporated herein. 3. RATE SCHEDULE Operator shall charge the rates for services described in Section 5.15.040 as set forth in Exhibit "A" which is incorporated herein by 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. The Operator shall charge the City no more than twenty-five percent (25%) of the charge set forth in Exhibit "A" for storage of vehicles taken into custody that involve evidence as described in 2 Paragraph 9(2) 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 and experienced personnel. 5. INDEPENDENT OPERATOR The parties of this Agreement intend that the relation between them created by this Agreement is that of employer -independent contractor. The manner and means of conducting the work are under the control of the Operator, except to the extent they are 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, area available from the City to the Operator, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship. Payment of the above items, if required, are the responsibility of the Operator. 6. HOLD HARMLESS Operator shall indemnify 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, whatsoever, including reasonable defense costs and reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, which arise out of or result from, or occur in connection with operator's performance of 3 services or work conducted or performed pursuant to this Agreement and Chapter 5.15. 7. INSURANCE Operator shall be required to provide insurance as required by Newport Beach Municipal Code Section 5.15.130. 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, effective dates and dates of expiration of insurance policies. Such certificates, which do not limit Operator's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." It is agreed that Operator shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Operator shall maintain insurance coverage in the following amounts: A. Liability Insurance: General liability coverage in the following minimum limits: Bodily Injury: $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage: $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required 4 minimum limits. B. 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 wither Operator or the City with respect to the services of Operator herein, a waiver of any right of subrogation which any such insurer of said Operator may acquire against City by virtue of the payment of any loss under such insurance. C. 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 any extension thereof. Any other insurance held 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. 8. PROHIBITION AGAINST TRANSFERS Operator shall not assign, sublease, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of 5 the issued and outstanding capital stock of Operator, or of the interest of any general partner or joint venturer or syndicate member or cotenant if operator is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing 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. 9. STORAGE OF VEHICLES (1) The Operator shall store all vehicles, together with all accessories and equipment on said vehicles and all personal property in each vehicle, in storage facilities approved by the City for official police tow storage. (2) Vehicles taken into custody that involve evidence shall be stored in an area and under conditions approved by the Police Department. The storage area will 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 finger prints, stains, etc. (3) The Operator agrees to maintain storage facilities as required by Section 5.15.110 and as ordered impounded by the Police Department. The Operator will take any and all measures necessary to prevent theft or damage to vehicles and the accessories, equipment or other personal property impounded in his storage facility. (4) Personal property in vehicles listed on storage report forms shall be delivered to the Police Department upon written request no later than ninety (90) days after the date of impound if not called for by owner within set period. 10. PERMITS AND LICENSES A 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 hereunder. 11. FRANCHISE FEE Operator shall pay quarterly to the City during the life of this Agreement, a fixed percentage of the gross receipts of the Operator derived from Official Police Tow Truck services provided within the City. Such percentage shall be ten percent 10%. Proceeds from vehicles sold at lien sale shall not be subject to the franchise fee. Payment shall be due to the City forty-five (45) days after the expiration of each calendar quarter. Operator shall file with the City, within ninety (90) days after the 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 truck operations in the City of Operator, its successors and assigns, during the preceding fiscal year. In the event that the above payment is not received by the City within the specified time, Operator shall pay to the City a penalty of one and one-half percent (1.5%) per month on the unpaid balance in addition thereto. The right is reserved to the City of audit and recomputation of any and all amounts 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 payment under this Agreement or for the performance of any obligation hereunder. 12. RECORDS Operator shall maintain complete and accurate records with respect to expenses, receipts and other such information required 7 by 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 services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Operator shall provide free access to the Revenue Manager or his or her designees at all proper times to such books and records, and gives the City the right to examine and audit same, and to make transcripts therefrom 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. 13. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof 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., P.O. Box 1768 Newport Beach, California 92659-1768 Attention: City Manager All notices, demands, requests or approvals from City to Operator shall be addressed to Operator at: (�' ✓ ✓ '✓ ✓� c-z/j ;mac% y 14. TERMINATION The grounds for termination of this Agreement are setforth in D Newport Beach Municipal Code Section 5.15.140. In the event Operator has breached the terms of this Agreement or grounds for termination exist, the City shall provide written notice of the nature of the default and steps necessary to cure the default. If such default is not cured within a period of two (2) days after receipt by Operator of the 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 of this Agreement to the City Council. The right to appeal shall terminate fifteen (15) days following the date of personal service or deposit of the Notice in the United States mail. The City Council may preside over the hearing on appeal, or in the alternative, appoint a hearing of f icer to conduct the hearing and submit to the City Council findings and recommendations. The City Council shall render its decision within forty-five (45) days of receipt of findings and recommendations of the hearing officer. The decision of the City Council shall be final. 15. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof 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 costs and expenses in such amounts as the court may adjudge to be reasonable attorneys' fees. 16. COMPLIANCES 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. 0] 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH A Muni ipal Corporation B------- MAYOR APPROVED AS TO -FORM: % r CIT, ATTOR14EY ATTEST: a42111 CITY CLERK OPERATOR gr/agr/towtruck.agt By: 10 OFFICIAL POLICE TOW TRUCK SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 7th day of February, 1992, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and, RUSHCO ENTERPRISES, INC., doing business as HARBOR TOWING, whose address is 964 West 17th Street, Costa Mesa, California, 92627 (hereinafter referred to as "Operator"), is made with reference to the following: RECITALS: A. The 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. The City Council of the City of Newport Beach has selected Operator to operate as one of the "Official" Police Tow Truck Services. C. 'The City and Operator desire to enter into an agreement for the operation of an "Official" Police Tow Truck Service, the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 7th day of February, 1992, and shall terminate on the 6th day of February, 1994, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED BY OPERATOR Operator agrees to operate as one of the City's "Official" Police Tow Truck Services 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. 3. COMPENSATION City and Operator 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 by resolution of the City Council of the City of Newport Beach as may be in affect on the date of execution of this agreement or as amended by the City Council during the term of this Agreement. The Operator shall charge the City no more than twenty-five percent (25%) of the charge set forth by resolution for storage of vehicles taken into custody that involve evidence as described in Paragraph 8(2) 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 and experienced personnel. 5. INDEPENDENT OPERATOR The parties of this Agreement intend that the relation between them created by this Agreement is that of employer -independent contractor. The manner and means of conducting the work are under Fd the control of the Operator, except to the extent they are 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 the City to the Operator, its employees or agents. From any fees due the Operator, deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship. Payment of the above items, if required, are the responsibility of the Operator. 6. HOLD HARMLESS Operator shall indemnify 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, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the negligent performance or omission of any services or work conducted pursuant to this Agreement. 7. INSURANCE Operator shall be required to provide insurance as required by Newport Beach Municipal Code Section 5.15.130. On or before the commencement of the term of this Agreement, Operator shall furnish 3 the City with certificates showing the type, amount, class or operations covered, effective dates and dates of expiration of insurance policies. Such certificates, which do not limit Operator's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the City." It is agreed that Operator shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Operator shall maintain insurance coverage in the following amounts: A. Liability Insurance: General liability coverage in the following minimum limits: Bodily Injury: $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage: $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. B. 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 4 providing insurance to either Operator or the City with respect to the services of Operator herein, a waiver of any right of subrogation which any such insurer of said Operator may acquire against City by virtue of the payment of any loss under such insurance. C. 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 any extension thereof. Any other insurance held 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. 8. PROHIBITION AGAINST TRANSFERS Operator shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 5 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 venturer or syndicate member or cotenant if operator is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing 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. 9. STORAGE OF VEHICLES (1) The Operator shall store all vehicles, together with all accessories and equipment on said vehicles and all personal property in each vehicle, in storage facilities approved by the City for official police tow storage. (2) Vehicles taken into custody that involve evidence shall be stored in an area and under conditions approved by the Police Department. The storage area will 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 finger prints, stains, etc. (3) The Operator agrees to maintain enclosed storage facilities for a minimum of five (5) vehicles as ordered impounded by the Police Department. The Operator will take any and all measures necessary to prevent theft or damage to vehicles and the accessories, equipment or other personal property impounded in his storage facility. 0 (4) Personal property in vehicles listed on storage report forms shall be delivered to the Police Department upon written request no later than ninety (90) days after the date of impound if not called for by owner within set period. 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 hereunder. 11. RECORDS Operator shall maintain complete and accurate records with respect to expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Operator shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Operator shall provide free access to the representatives of the City or its designees at all proper times to such books and records, and gives the City the right to examine and audit same, and to make transcripts therefrom 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 7 and records and shall be maintained for a period of three (3) years after receipt of final payment. 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof 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 Boulevard, P.O. Box 1768 Newport Beach, CA 92659-1768 Attention: City Manager All notices, demands, requests or approvals from City to Operator shall be addressed to Operator at: Harbor Towing 964 West 17th Street Costa Mesa, CA 92627 13. TERMINATION The grounds for termination of this Agreement are set forth in Newport Beach Municipal Code Section 5.15.140. In the event Operator has breached the terms of this Agreement or grounds for termination exist, the City shall provide written notice of the nature of the default and steps necessary to cure the default. If such default is not cured within a period of two (2) days after receipt by Operator of the written notice of default, this N 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 and shall be served on Operator personally or by certified mail. Operator shall have the right to appeal termination of this Agreement to the City Council. The right to appeal shall terminate fifteen (15) days following the date of personal service or deposit of the Notice in the United States mail. 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 findings and recommendations. The City Council shall render its decision within forty (45) days of receipt of findings and recommendations of the hearing officer. The decision of the City Council shall be final. 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof 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 costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 15. COMPLIANCES Operator shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the City. 16. 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 9 any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. 17. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH A municipal corporation B MA OR ATTEST: C TY C ERK OPERATOR WILLIAM D RUSH DBA HARBOR TOWING BY.. a 10 r OFFICIAL POLICE TOW TRUCK SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of February, 1991, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and G & W TOWING, INC., doing business as G & W TOWING, whose address is 965 W. 18th Street, Costa Mesa, California, 92627 (hereinafter referred to as "Operator"), is made with reference to the following: RECITALS• A. The 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. The City Council of the City of Newport Beach has selected Operator to operate as one of the "Official Police Tow Truck Service." C. The City and Operator desire to enter into an agreement for the operation of "Official Police Tow Truck Service", the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 1st day of February, 1991, and shall terminate on the 31st day of January, 1993, unless terminated earlier as set forth herein. Services to be performed by Operator. Operator agrees to operate as one of the City's "Official Police Tow Truck Service" 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. COMPENSATION City and Operator 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 by resol-ation of the City Council of the City of Newport Beach as may be in affect on the date of execution of this agreement or as amended by the City Council during the term of this Agreement. The Operator shall charge the City no more than twenty-five percent (25%) of the normal charge for storage for vehicles taken in to custody that involve evidence as described in Paragraph 8(2) of this Agreement. 3. 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.i.)y qualified and experienced personnel. 4. INDEPENDENT OPERATOR The parties of this Agreement intend that the relation between them created by this Agreement is that of employer -independent contractor. The manner and means of conducting the work are under 2 the control of the Operator, except to the extent they are limited by statute, rule or regulation and the express tEims 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 the City to the Operator, its employees or agents. From any fees due the Operator, deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship. Payment of the above items, if required, are the responsibility of the Operator. 5. HOLD HARMLESS Operator shall indemnify 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, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the negligent performance or omission of any services or work conducted pursuant to this Agreement. 6. INSURANCE On or, before the commencement of the term of thi: Agreement, Operator shall furnish the City with certificates showing the type, amount, class or operations covered, effective dates and dates of 3 expiration of insurance policies. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received b-? the City." It is agreed that Operator shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Operator shall maintain the following insurance coverage: A. Liability Insurance: General liability coverage in the following minimum limits: Bodily Injury: $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage: $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to -the required minimum limits. B. 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 which any such insurer of said Operator may acquire m against City by virtue of the payment of any loss under such insurance. C. Failure to Secure: If Operator at any time during the term hereof, should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Operator's name or as an agent of the Operator and shall be compensated by the Operator for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. Additional Insured: the city, its City Council, boards and commissions, officers, agents, servants and employees shall be named in 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 any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by his policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to the Operator secondarily, if necessary. 7. PROHIBITION AGAINST TRANSFERS Operator shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by 5 operation of law or otherwise. Any attempt to do so—itthout said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation 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 venturer or syndicate member or cotenant if operator is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing 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. 8. STORAGE OF VEHICLES (1) The Operator shall store all vehicles, together with all accessories and equipment on said vehicles and all personal property in each vehicle, in storage facilities approved by the City for official police tow storage. (2) Vehicles taken into custody that involve evidence shall be stored in an area and under conditions approved by the Police Department. The storage area will 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 finger prints, stains, etc. (3) The Operator will be required to maintain enclosed storage facilities for a minimum of five (5) vehicles as ordered Ch impounded by the Police Department. The Operator will take any and all measures necessary to prevent theft or damage to vehicles and the accessories, equipment or other personal property impounded in his storage facility. (4) Personal property in vehicles listed on iipound lists shall be delivered to the Police Department upon written request no later than ninety (90) days after the date of impound if not called for by owner within set period. 9. 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 hereunder. 10. RECORDS Operator shall maintain complete and accurate records with respect to expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Operator shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Operator shall provide free access to the representatives of the City or its designees at all proper times to such books and records, and gives the City the right to examine and audit same, and to make transcripts therefrom as necessary, and to 7 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. 10. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof 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 Boulevard Newport Beach, CA 92663 Attention: City Manager All notices, demands, requests or approvals from City to Operator shall be addressed to Operator at: G & W Towing, Inc. 965 W. 18th Street Costa Mesa, CA 92627 11. TERMINATION In the event Operator hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Operator shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of 0 two (20) days after receipt by Operator from City of wi. ttten notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Operator written notice thereof. 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof 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 costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 13. COMPLIANCES Operator shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the City. 14. 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. 15. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the partiE:, 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 9 this Agreement will be effective only by written execution signed by both City and Operator. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH A municipal corporation BY: MAYOR IM, IM'11��I • • ' M ATTEST: U i � L CITY CLERK 'f OPERATOR h c 6211 Po ar-J �1 G. WAYNE MILLE DBA W NG, INC. BY • 10 OFFICIAL POLICE TOW TRUCK SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of February, 1989, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and G & W TOWING, INC., doing business as G & W TOWING, whose address is 955 W. 18th Street, Costa Mesa, California, 92627 (hereinafter referred to as "Operator"), is made with reference to the following: RECITALS• A. The 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. The City Council of the City of Newport Beach has selected Operator to operate as one of the "Official Police Tow Truck Service." C. The City and Operator desire to enter into an agreement for the operation of "Official Police Tow Truck Service", the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 1st day of February, 1989, and shall terminate on the 31st day of January, 1991, unless terminated earlier as set forth herein. 1 Services to be performed by Operator. Operator agrees to operate as one of the City's "Official Police Tow Truck Service" 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. COMPENSATION City and Operator 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 by resolution of the City Council of the City of Newport Beach as may be in affect on the date of execution of this agreement or as amended by the City Council during the term of this Agreement. The Operator shall charge the City no more than twenty-five percent (25%) of the normal charge for storage for vehicles taken in to custody that involve evidence as described in Paragraph 8(2) of this Agreement. 3. 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 and experienced personnel. 4. INDEPENDENT OPERATOR The parties of this Agreement intend that the relation between them created by this Agreement is that of employer -independent 2 contractor. The manner and means of conducting the work are under the control of the Operator, except to the extent they are 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 the City -to the Operator, its employees or agents. From any fees due the Operator, deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship. Payment of the above items, if required, are the responsibility of the Operator. 5. HOLD HARMLESS Operator shall indemnify 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, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the negligent performance or omission of any services or work conducted pursuant to this Agreement. 6. INSURANCE On or before the commencement of the term of this Agreement, Operator shall furnish the City with certificates showing the 3 type, amount, class or operations covered, effective dates and dates of expiration of insurance policies. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City." It is agreed that Operator shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Operator shall maintain the following insurance coverage: A. Liability Insurance: General liability coverage in the following minimum limits: Bodily Injury: $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage: $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. B. 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 4 respect to the services of Operator herein, a waiver of any right of subrogation which any such insurer of said Operator may acquire against City by virtue of the payment of any loss under such insurance. C. Failure to Secure: If Operator at any time during the term hereof, should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Operator's name or as an agent of the Operator and shall be compensated by the Operator for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. Additional Insured: the city, its City Council, boards and commissions, officers, agents, servants and employees shall be named in 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 any extension thereof. Any other insurance held 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. 5 7. PROHIBITION AGAINST TRANSFERS Operator shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation 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 venturer or syndicate member or cotenant if operator is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing 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. 8. STORAGE OF VEHICLES (1) The Operator shall store all vehicles, together with all accessories and equipment on said vehicles and all personal property in each vehicle, in storage facilities approved by the City for official police tow storage. (2) Vehicles taken into custody that involve evidence shall be stored in an area and under conditions approved by the Police Department. The storage area will 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 finger prints, 9 stains, etc. (3) The Operator will be required to maintain enclosed storage facilities for a minimum of five (5) vehicles as ordered impounded by the Police Department. The Operator will take any and all measures necessary to prevent theft or damage to vehicles and the accessories, equipment or other personal property impounded in his storage facility. (4) Personal property in vehicles listed on impound lists shall be delivered to the Police Department upon written request no later than ninety (90) days after the date of impound if not called for by owner within set period. 9. 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 hereunder. 10. RECORDS Operator shall maintain complete and accurate records with respect to expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Operator shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Operator shall provide free access to the 7 representatives of the City or its designees at all proper times to such books and records, and gives the City the right to examine and audit same, and to make transcripts therefrom 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. 10. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof 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 Boulevard Newport Beach, CA 92663 Attention: City Manager All notices, demands, requests or approvals from City to Operator shall be addressed to Operator at: G & W Towing, Inc. 955 W. 19th Street Costa Mesa, CA 92627 11. TERMINATION In the event Operator hereto fails or refuses to perform any of N the provisions hereof at the time and in the manner required hereunder, Operator shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (20) days after receipt by Operator from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Operator written notice thereof. 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof 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 costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 13. COMPLIANCES Operator shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the City. 14. 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. 15. INTEGRATED CONTRACT This Agreement represents the full and complete understanding 0J 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH A muni cip corporatio BY: MAYO A P OVE L FOZ: CITY ATTOR EY ATTE�T: CITY CLERK PO' G. WAYNE MILLER ®�C G & W TOWING, INC. BY : T 10 AGREEMENT 2/Z/9 THIS AGREEMENT is made and entered into thisS�tC� L day of/W , 198 , by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and GW TOWING, INC., doing business as GW TOWING, whose address is 955 W. 18th Street, Costa Mesa, California, 92627 (hereinafter referred to as "Operator"), is made with reference to the following: RECITALS A. The 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. The City Council of the City of Newport Beach has selected Operator to operate as one of the "Official Police Tow Truck Service." C. The City and Operator desire to enter into an agreement for the operation of "Official Police Tow Truck Service", the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: DC I . TERM The term of this Agreement shall commence on the 1st day of February, 1987, and shall terminate on the 1st day of February, 1989, unless terminated earlier as set forth herein. Services to be performed by Contractor. Contractor agrees to operate as one of the City's "Official Police Tow Truck Service" 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. COMPENSATION City and Operator 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 by resolution of the City Council of the City of Newport Beach as may be in affect on the date of execution of this agreement or as amended by the City Council during the term of this Agreement. 3. 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 and experienced personnel. -2- 4. INDEPENDENT CONTRACTOR The parties to this Agreement intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of the Operator, except to the extent they are 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 the City to the Operator, its employees or agents. From any fees due the Operator, deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship. Payment of the above items, if required, are the responsibility of the Operator. 5. HOLD HARMLESS Operator shall indemnify 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, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the negligent performance or omission of any services or work conducted pursuant to this Agreement. IM12 6. INSURANCE On or before the commencement of the term of this Agreement, Operator shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City." It is agreed that Operator shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance, and that said policies of insurance shall be secured from a good and responsible company or companies, doing insurance business in the State of California. Operator shall maintain the following insurance coverage: A. Liability Insurance: General liability coverage in the following minimum limits: Bodily Injury: $250,000 each person $500,000 each occurrence $500,000 aggregate Property Damage $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. B. Subrogation Waiver: Operator agrees that in the event of loss due to any of the perils for which it has agreed to -4- 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 which any such insurer of said Operator may acquire against City by virtue of the payment of any loss under such insurance. C. Failure to Secure: If Operator at any time during the term hereof, should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Operator's name or as an agent of the Operator and shall be compensated by the Operator for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. D. Additional Insured: The City, its City Council, boards and commissions, officers, agents, servants and employees shall be named in 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 any extension thereof. Any other insurance held 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. -5- 7. PROHIBITION AGAINST TRANSFERS Operator shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation 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 venturer or syndicate member or cotenant if Operator is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing 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. 9. 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 hereunder. 10. RECORDS Operator shall maintain complete and accurate records with respect to expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. -6- Operator shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Operator shall provide free access to the representatives of the City or its designees at all proper times to such books and records, and gives the City the right to examine and audit same, and to make transcriptes therefrom 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. 10. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof 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 Boulevard Newport Beach, CA 92658-8915 Attention: City Manager -7- All notices, demands, requests or approvals from City to Operator shall be addressed to Operator at: GW Towing, Inc. 955 W. 19th Street Costa Mesa, CA 92627 11. TERMINATION In the event Operator hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Operator shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Operator from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Operator written notice thereof. 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof 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 costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 13. COMPLIANCES Operator shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the City. 91-1a 14. 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. 15. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY N. BEA A rriiciA�T rpora 32 14STr► fi APPROVED AS TO FORM: /'ATTEST; �A� &VCL� If /,Z/IL 4 ' c y Attorney City Clerk OPERATOR G. WAYNE MILLER DBA GW TOWING, INC. BY: -9- - 214T AGREEMENT THIS AGREEMENT is made and entered into this 28th day of January, 1985, by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "City" and G & W TOWING COMPANY, hereinafter referred to as "Operator." WITNESSETH WHEREAS, the City Council of the City of Newport Beach has selected Operator as one of the official Police tow truck service operators; and WHEREAS, Section 5.15.080 of the Newport Beach Municipal Code requires that an Agreement between City and Operator contain the eligibility requirements, operating regulations and fee schedules for the operations of the official Police tow truck service operator; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. The operation by Operator of the tow truck services will be in conformity with the eligibility requirements and operating regulations contained in Chapter 5.15 of the Newport Beach Municipal Code, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference; 2. City and Operator hereto further mutually agree that the fee schedule for the operation of the official Police tow truck service operation with the City of Newport Beach shall be as set forth in Resolution No. 82-110, adopted by the City Council of the City of Newport Beach on the 26th day of July, 198 2, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference; 3. The term of this Agreement shall be for two (2) years from January 28th , 198 5. Thereafter, City shall cause bids to be submitted for said services for a subsequent two-year Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY CITY OF NEWPORT BEACH B •Mayor OPERATOR G & W TOWING COMPANY XIX By: G. Wayne M' er 2 CITY CLERK'S COPY ORIGINAL AGREEMENT THIS AGREEMENT is made and entered into this28th day of January, 1983, by and between THE CITY OF NEWPORT BEACH, a Municipal Corporation hereinafter referred to as "City" and G & W TOWING COMPANY, hereinafter referred to as "Operator." WITNESSETH WHEREAS, the City Council of the City of Newport Beach has selected Operator as one of the official police tow truck service operators; and WHEREAS, Section 5.15.080 of the Newport Beach Municipal Code requires that an Agreement between City and Operator contain the eligibility requirements, operating regulations and fee schedules for the operations of the official police tow truck service operator; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. The operation by Operator of the tow truck services will be in conformity with the eligibility requirements and operating regulations contained in Chapter 5.15 of the Newport Beach Municipal Code, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference; 2. City and Operator hereto further mutually agree that the fee schedule for the operation of the official police tow truck service operation within the City of Newport Beach shall be as set forth in Resolution No .82-110 , adopted by the City Council of the City of Newport Beach on the 26th day of July , 198 2, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference; 3. The term of this Agreement shall be for two years from January 28th , 1983 . Thereafter, City shall cause bids to be submitted for said services for a subsequent two-year Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. ATT ST: City Clerk APP OVED AS TO FO, City Attorney AGP/Towing Fa CITY CITY OF NEWPORT BEACH • OPERATOR G & W TOWING COMPANY OFFICIAL POLICE TOW TRUCK SERVICE 5.14.240-5.14.250 ployee, shall notify the Police Department of such operation. Such notice shall give the name and address of such injured, sick or dead person, when such information is available, and the place to and from which such person was removed. The Chief of Police, in his discretion, may establish a policy requiring that any person owning or operating an ambulance hereunder, his agent or employee, shall within 24 hours after removal of any such injured, sick or dead person, file a written report to the Police Department giving the information required above, and any other relevant information which the Police Department may require. The Police Department shall provide forms upon which the information required under this section shall be written. (Ord. 1310 § 1 (part), 1969). 5.14.240 Existing Ambulance Operators. Each person holding a valid certificate of public convenience and necessity to operate an ambulance service issued by the City Council prior to effective date of this Chapter shall be automatically granted a new certificate of public convenience and necessity to continue to operate the same number of ambulances within the City as -authorized under its existing ',certificate without being --required to pay the fees set forth in Section 5.14.040, provided, however, that all existing certificate holders and their employees shall be required to comply with all of the other provisions of this Chapter. (Ord. 1310 § 1 (part), 1969). 5.14.250 Violations. No person shall violate any provision or fail to comply with any of the requirements .of this Chapter. In addition to the provisions of this Chapter providing for suspension or revocation of any permit issued pursuant to this Chapter, any person found guilty of violating any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500, or by imprisonment in the County jail for not more than 6 months, or by both such fine and imprisonment. Each such person shall be guilty of separate offenses for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person. (Ord. 1310 § 1 (part), 1969). Chapter 5.15* REGULATION OF NEWPORT BEACH POLICE OFFICIAL POLICE TOW TRUCK SERVICE* Sections: 5.15.010 Intent and Purpose. 5.15.020 Definitions. 5.15.030 Towing Services. *Prior Ordinance History: Ords. 1503, 1568, 1620, 1676 and 1738. 90-7 (Newport Beach 7-15-79) 5.15.010-5.15.030 BUSINESS LICENSES AND REGULATIONS 5.15.040 Tow Truck Service Specifications. 5.15.050 Hearing. 5.15.060 Selection. 5.15.070 Issuance of Certificate. 5.15.080 Agreements. 5.15.090 License Required. 5.15.100 Standards for Tow Truck Equipment. 5.15.110 Standard Rules of Operation. 5.15.120 Attendant or Operator's Permit Required. 5.15.130 Liability Insurance. 5.15.140 Grounds for Revocation. 5.15.150 Suspension. 5.15.010 Intent and Purpose. It is the intent of this Chapter to prescribe the basic regulations for the operation of "Official Police Towing Service" in police emergency situations and in the removal of vehicles which are apparently abandoned, or involved in an accident, or which constitute an obstruction to traffic because of mechanical failure. It is the purpose of the City Council in- Zehacting the ordinance codified in this Chapter to provide a fair and impartial means of distributing requests for towing services among qualified firms, and to insure that such service is prompt and reason- ably priced, and in the best interest of the public as well as the interest of efficient policing operations for the removal from public streets of said vehicles. (Ord. 1810 § 1 (part), 1979). 5.15.020 Definitions. (A) "Official Police Tow Service" means a towing company selected by the City Council to be used by the Police Department, on call, on a weekly rotation basis, for any police emergency situation where a tow truck is required. (B) A "tow car" or "tow truck" is a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other vehicles. (C) "Attendant" or "operator" means a trained and/or qualified indivi- dual responsible for the operation of a tow car or tow truck. (D) "License Division" means the Newport Beach City License Division of the Finance Department. (E) "Director of Finance" means position appointed by the City Manager and has charge of the administration of the financial affairs of the City. (Ord. 1810 § 1 (part), 1979). 5.15.030 Towing Services. There shall be two official police tow services selected and designated to provide service at the request of the Police Department throughout the City of Newport Beach. Said determination is based upon review of the towing services and a finding that two towing services are sufficient to provide a high level of service to the public at (Newport Beach 7-15-79) 90-8 OFFICIAL POLICE TOW TRUCK SERVICE 5.15.040-5.15.070 the present time; that a limitation to two services contributes to efficient administration of the program of providing towing services on an emergency basis; and, further fragmentation of the limited income derived from such services would tend to reduce the capabilities of the towing services to properly maintain equipment and attendants and downgrade the level of services to the public. (Ord. 1810 § 1 (part), 1979). 5.15.040 Tow Truck Service Specifications. The City Clerk shall be authorized to advertise for bids. Notice inviting bids shall be published in the official newspaper by one or more insertions, the first of which shall be at least ten (10) days before the time for opening bids. Said notice shall list the date, time, and location for receiving sealed bids and the time at which the bids will be opened. Bids shall be submitted on forms prepared by the Police Department and obtained from the Finance Department and shall be consistent with the tow truck service specifications and contain informa- tion indicating compliance with Section 5.15. 100 of this Chapter, as well as the tow rate schedule for the following: (A) Standard tow rate (I ) Accident; day and night (2) Stored/Impound; day and night (B) Dolly (C) Motorcycle (D) Remove and replace drive shaft (E) Roll-over or winching (F) Hourly rate for extended service (G) Open after business hours for releasing vehicles (H) Storage rates* (1) Inside; cars and trucks (2) Outside; cars and trucks *Daily storage fees are for a 24-hour day from time of tow. (Ord. 1810 § 1 (part), 1979). 5.15.050 Hearing. After the bid opening, the City Clerk shall set a hearing before the City Council giving notice of the time so set at least five (5) days before the date of said hearing to all persons submitting bids. (Ord. 1810 § 1 (part), 1979). 5.15.060 Selection. At the time set for the hearing, the City Council may examine the bidders, all relevant evidence, and award the contract to those found to be the most responsible bidders. The City Council reserves the right to reject all bids if it is believed to be in the public interest. (Ord. 1810 § 1 (part), 1979). 5.15.070 Issuance of Certificate. No person shall operate an official C police tow truck service without first obtaining a certificate ofp ublic convenience and necessity. In reaching a decision on the issuance of a 90-9 (Newport Beach 7-15-79) 5.15.080-5.15.100 BUSINESS LICENSES AND REGULATIONS certificate of public convenience and necessity, the City Council shall take into account the following considerations over and above the requirements contained in Sections 5.15.100 and 5.15.110: (A) Whether the applicant is qualified on the basis of moral character, experience in the towing business, and financial responsibility; (B) 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 24-hour basis, and availability of extra pieces of equipment over the minimum required; (C) 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; (D) Physical condition of equipment. (Ord. 1810 § 1 (part), 1979). 5.15.080 Agreements. Tow truck services awarded a certificate of public convenience shall entei into an agreement with the City, which agreement shall contain eligibility requirements, operating regulations, and fee schedules as adopted by the City Council. Every certificate holder shall post in a conspicuous place in the interior of each tow truck operated by said certificate holder an approved rate schedule in a form and location approved by the Chief of Police. The City and the official police tow service may review and revise the fee schedule by mutual agreement at any time upon a finding that a rate increase is justified and is in the public interest. The first two official police tow truck services awarded a certificate of public convenience shall so classify themselves by lot that the agreement with one of the tow services shall have a term of three years and the term of the other shall be for a period of two years. Thereafter, any such agreements shall have a term of two years, with a twelve month overlap. Any official police tow truck operator whose service agreement with the City will expire or has expired may bid on subsequent official police tow truck notices inviting bids. (Ord. 1810 § 1 (part), 1979). S. 15.090 License Required. (A) Any firm may become eligible to participate in the assignment of service calls by the Police Department only if it has a valid license to do business in the City of Newport Beach. (B) No official police tow truck shall be operated by a driver on the streets, alleys, or any public way or place of Newport Beach unless the driver is holding a currently valid permit as an attendant or operator. (Ord. 1810 § 1 (part), 1979). 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 Department employee on the scene shall (Newport Beach 7-15-79) 90-10 -- - OFFICIAL POLICE TOW TRUCK SERVICE 5.15.110 determine if greater capacity is needed and may call upon any service --` capable of providing that capacity regardless of whether or not said company is within the City or whether it is their period of time to receive police requests. k (B) Company name: Company name, address, and phone number shall be displayed on both sides of the tow truck in letters not less than two and one-half inches (2-2/2") in height. The words "Official NBPD Tow Unit" may be displayed only during the time the contract is in force. A WOO (C) Lights: Trucks must, at all times, be equipped with such headlights, taillights, red reflectors, stop lights, warning lights, etc., as required by California law, plus one white utility light (adjustable or portable); and may be equipped with such other lights as the owner may desire which are not forbidden by law. (D) Winch: Winches may be, electric, power takeoff, or hydraulic driven. Winches shall be of sufficient power or capacity for the rating of the wrecker unit and shall be equipped with safety dogs or equivalent braking devices. (E)-Bobms: At least one truck to be equipped with adjustable twin booms with the capability of at least four -ton capacity from the side of the truck. Said truck must also be equipped with three hundred feet (300') of not less than three-eighths inch (3/8") cable free from partial breaks or knots. C =� (F) Additional equipment: Trucks must be equipped with red flares, lanterns or reflectors, hand tools, crow bar, rope, broom, shovel, dust pan, fire extinguisher (dry chemical type - minimum 10 B.C.), portable red tail- light and stop light for towed vehicles, equipment for opening locked vehicles, and safety snubber chain. Each tow company shall have at least �a: r one set of dollies readily available at all times and at least one truck capableW. of responding to a call within enclosed parking structures with a clearance of not more than six feet four inches (6'4"). (G) Flat bed trucks shall be unacceptable for police tow without the M WIspecific approval of the police employee at the scene. (Ord. 1810 § 1 (part), - . 1979). 5.15.110 Standard Rules of Operation. (A) All requests for towing service and the removal of traffic hazards shall be made through the Police Department. (B) When it becomes evident that there will be a delay in responding to a request for towing service, the towing company concerned shall advise the Police Department of this delay. (C) There shall be an attendant on call capable of responding to police requests for towing as well as being present or available for release of vehicles to the public twenty-four (24) hours a day, seven (7) days a week. Business hours are to be 7:00 a.m. to 9:00 p.m., seven (7) days a week, and no storage fee may be charged if the vehicle had been stored for less than twelve (12) hours. Signs listing the phone number where persons can call to retrieve their vehicles must be posted in plain view to the front of the 90-11 (Newport Beach 7-15-79) awn storage facility. (D) Removing Hazards. After being dispatched by the Police h operator Department to the scene, the tow truck o p shall cooperate with the - k police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such vehicle should be impounded or moved,and the tow truck operator shall abide by their decisions. (E) Each towing company shall comply with Section 27907 of the -. California Vehicle Code regarding signs on tow trucks. Only tow trucks bearing the name of the company called shall be dispatched to the scene of need without approval of Police Communications. r aryrF" (F) All owners of towing company shall conduct their business in an orderly, ethical, businesslike manner and use every means to obtain and r ; keep the confidence of the motoring public. (G) Vehicles impounded by the police for special investigation, i.e., fingerprints, etc., shalLbe held in maximum security. until cleared by inves- tigating officers. Contents of vehicles with a "police hold" shall not be removed. (Ii) The owners of towing companies participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty. Towing company shall be responsible for damage to vehicles while in its possession. (I) All towing company's records, equipment, and storage facilities will be subject to periodic checks by Police Department investigators. (J) All vehicles stored or impounded as a result of a tow ordered by the =- Police Department shall be made available to the owner of the vehicle or his representative, any insurance agent, insurance adjustor, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a "police hold." (K) The official police towing service shall record its time in and its '4 time out on every tow truck assignment. Such records shall be available and open to police examination. An electric timeclock shall be maintained for this purpose. (L) All official police towing services shall submit a monthly report to the Chief of Police, which shall include the following: (1) Total police impounds; (2) Number of times dispatched by Newport Beach Police Department; (3) Number of these calls resulting in impounds; (4) Number of vehicles sold on lien sale under authority of Section 3072, Civil Code, and reporting said lien sales as per authority of Section 22705 CVC; (5) Number of vehicles sold under authority of Section 3073, Civil Code (under 5200.00 value); (6) Names and addresses of buyers and description of vehicles when sold; (7) Number of calls answered in which time beyond one hour was (Newport Beach 7-15-79) 90-12 C OFFICIAL POLICE TOW TRUCK SERVICE 5.15.120 required to handle. (M)All tow trucks shall be radio equipped. (N) Storage lots shall be properly fenced (at least six feet [6'1 high) to maintain a maximum of security for stored and impounded vehicles. - Space under cover for at least three (3) vehicles shall be provided. (0) Storage lots shall be located within ten (10) miles of the Newport Beach Police Facility. (P) An official garage shall not proceed with any repair work on a vehicle or place any charges against a vehicle other than those occasioned by removal from the street and storage unless authorized by the owner or his designated agent. (Q) Official garages when disposing of unclaimed vehicles shall abide by all Civil Code sections pertaining thereto. Pr (R) All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be towed directly to an official storage lot unless the Police Department or other person legally in charge of the vehicle requests-, that it be taken to some other location. ocation. (Ord. 1810 § 1 (part), 1979). 5.15.120 Attendant or Operator's Permit Required. Application: No person shall drive or operate any official police towing vehicle described in this Chapter in the City without first obtaining a permit in writing to do so from the Chief of Police. Any person desiring to obtain such operator's permit shall make a written application therefor to the Chief of Police, accompanied by a fee as established by resolution of the City Council. Applicant for attendant or operator's permit shall be required to be photo- graphed and fingerprinted. No attendant or operator's permit shall be issued to any person: (1) Under the age of 18 years; (2) Who is not a citizen of the United States or who has not lawfully declared intention of becoming such; (3) Who has been convicted of a felony; (4) Who, within a period of two years immediately preceding such application, has been convicted of reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code, or any other code, which is directly concerned with the operation of a motor vehicle while under the influence of alcoholic beverage, or drug, or combination of alcoholic beverage and drug; (5) Who is incompetent or for any reason whatsoever unable to handle such vehicle safely; (6) Who is not of good moral character; (7) Who cannot speak the English language; (8) Who does not hold a valid vehicle driver's license issued by the Department of Motor Vehicles of the State of California; (9) Who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles; 90-13 (Newport Beach 7-15-79) j'.F a k r ; r ��.vf� _ 1p 5.15.130 BUSINESS LICENSES AND REGULATIONS (10) Who falsifies the application for said permit; 0 1) Who within a two year period preceding such application has been convicted of theft or fraud, or who, as an adult, has twice been convicted (' of said offenses; (12) Who is currently on probation for a driving offense or offenses. (Ord. 1810 § 1 (part), 1979). 5.15.130 Liability Insurance. (A) No tow truck certificate shall be issued under this Chapter, nor shall such certificate 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 certificate holder, 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 the certificate of public convenience. 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 certificate holders 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, notwith- standing 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 certificate 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 certificate applied for and the insurer shall be obliged to give not less than ten (10) 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 certificates' issued for the tow trucks covered by such policy, unless another insurance Policy complying with the provisions of this section shall be provided (Newport Beach 7-15-79) 90-14 SPECIAL SALES — REGULATIONS - and be in effect at the time of such cancellation or termination. (Ord. 1810 § 1 (part), 1979). �. 5.15.140 Grounds for Revocation. The contractual agreement shall be subject to cancellation or revocation by the City Council either as a whole or as to any person or vehicle described therein. The contract holder - shall be given five (5) days' notice to appear before the City Council to show cause why the contract should not be revoked or cancelled for any of the following reasons: (1) Nonpayment of any City business license fees or other fees provided in the contract or by the Newport Beach Municipal Code; (2) Breach of any rules, regulations, or conditions set forth in the z contract or the Newport Beach Municipal Code; (3) For the violation of any of the laws of the State of California or of the City with respect to the operation of the business by the contract holder, or repi 'dted violations by operatofs, attendants, or vehiclescovered by the contract; (4) For failure to maintain a satisfactory level of service to the police or public; (5) For failure to keep any such vehicle in safe condition and good repair; (6) For failure to use distinctive coloring, monogram, or insignia; (7) For any deviation from the schedule of rates set forth in the contract; (8) For any cause which the City Council finds makes it contrary to the public interest, convenience, necessity, or general welfare for the contract to continue. (Ord. 1810 § 1 (part), 1979). 5.15.150 Suspension. Any certificate or permit granted under the provisions of this Chapter may be suspended by the Chief of Police for a period up to sixty (60) days for any violation of this Chapter. (Ord. 1810 -= § 1 (part), 1979). Chapter 5.16 SPECIAL SALES — REGULATIONS Misrepresentation Prohibited—Permit Required. Application for Permit. Bond. Permit Fee. Validity of Permit. Permit Nontransferable. Surrender of Business License. 90-15 (Newport Beach 7-15-79) RESOLUTION NO. 82-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MODIFYING TOW CHARGES, STORAGE RATES AND AFTER HOUR RELEASE FEES FOR OFFICIAL POLICE TOW TRUCK SERVICES AND APPROVING THE TOW TRUCK RATE SCHEDULES FOR TOW SERVICES WITHIN THE CITY OF NEWPORT BEACH FOR G & W TOWING, INC. AND HARBOR TOWING AND RESCINDING RESOLUTION NO. 10061 WHEREAS, on June 22, 1981, The City Council of the City of Newport Beach adopted Resolution No. 10061 approving the tow truck rate schedules for tow services within the City of Newport Beach - G & W Towing, Inc., and Harbor Towing; and WHEREAS, G & W Towing, Inc. and Harbor Towing have submitted to the City Council their respective proposed schedule of rates to be charged for tow services within the City of Newport Beach; and WHEREAS, Section 15.13.140 of the Newport Beach Municipal Code provides that each holder of a Certificate of Public Convenience and Necessity for the operation of a tow truck service shall file with the City a proposed schedule of rates to be charged for the transportation of vehicles by all tow trucks operated by said Certificate holders, said rates to be established by the City Council upon holding a public hearing; and WHEREAS, on July 26, 1982, the City Council of the City of Newport Beach adopted Resolution No. 82-110 establishing tow charges, storage rates and after-hours release fees for the official police tow truck services; and WHEREAS, Section 5.15.080 of the Newport Beach Municipal Code provides that the City and the official police tow service may review and revise fee schedules, by mutual agreement, at any time, upon a finding that a rate increase is justified and is in the public interest; and C-46�V'6&1i 11 0611 WHEREAS, the official police towing service certificate holders, G & W Towing, Inc. and Harbor Towing have submitted a request to increase the towing charges and storage rates based upon the continuing rise in the cost of doing business; and WHEREAS, G & W Towing, Inc. and Harbor Towing propose a uniform fee schedule for both the official police towing rate and the schedule for tow services within the City of Newport Beach, independent from the official police tow; and WHEREAS, the City Council held a hearing on July 26, 1982 to consider the requests; and WHEREAS, the City Council has reviewed said requests and found them to be fair and equitable, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the following towing charges, storage rates and after -hour release fees for official police tow truck services and for the tow truck rates for tow services within the City of Newport Beach for G & W Towing, Inc. and Harbor Towing are established as follows: SERVICE RATE Standard Tow Storage/Impound-Day $40.00 Storage/Impound-Night $40.00 Accident/Impound $40.00 Day & Night Motorcycle $40.00 Storage Car -Outside $ 6.00 Car -Inside $ 9.00 Truck -Outside $10.00 Truck -Inside $15.00 Motorcycle $ 4.50 Use of Dolly $22.50 OA Remove/Replace $12.00 Driveshaft Remove/Replace $11.50 Shift Linkage Roll Over & Winching $25.00 Hourly Rate $39.50 Extended Service After Hour Release Fee $11.50 Heavy -Duty Tow $60.00 (5 Ton Truck) Freeway Tow $40.00 BE IT FURTHER that: 1. Vehicles will be released without a storage fee charged regardless of the hour of release, when the release request occurs within a 12 -hour period from actual storage or impound. BE IT FURTHER RESOLVED that Resolution No. 10061 be and hereby is rescinded. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to retain this fee schedule on file, to be made available to interested citizens upon request, and to forward a copy thereof to the official police towing service companies. ADOPTED this 26th day of July, 1982. ATTEST: 1s/ Wanda E. Andersen City Clerk R4I-Towing 3 /s/ Jackie Heather Mayor HRC:kv:1-14-80 A G R E E M E N T: THIS AGREEMENT is made and entered into this --.,�-Zt`' day of 1980, by and between the CITY OF NEWPOR BEACH, a municipal corporation, hereinafter referred to as "City," and G & W 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 5.15.080 of the Newport Beach Municipal Code requires that an agreement 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 opera- tion 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 in that resolution adopted by the City Council of the City of Newport Beach on January 7, 1980, which is attached hereto marked as Exhibit "B" and which by this reference is incorporated herein as if fully set forth. 3. The term of this Agreement shall be for three (3) years from 1980. Thereafter, the City shall cause bids �0/ be submitted for said services for a subsequent two-year agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth above. ATTEST: City Clerk CITY OF NEWPORT BEACH By Mayer CITY G & W TOWING COMPANY By OPERATOR -2- HRC/kv 1/14/80