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HomeMy WebLinkAboutItem ESUMMARY OF REQUEST: That the City Council adopt Resolution No.'s 6807 and 6808 approving Tow Service Agreements between the City of Seal Beach and the two approved Tow Service providers, Mr. C's Towing and Country City Tow, and authorizing the City Manager to execute the agreements on behaH of the City of Seal Beach. BACKGROUND AND ANALYSIS: The Tow Service Agreement for the City of Seal Beach was last completed in 1995. In that process the only two companies that remain in business are Mr. C's Towing and Rossmoor Tow. At this time there is no governing body for inspections of facilities and vehicles, or to monitor fees. The purpose of the Tow Service Agreement is to provide the most up to date service for the City of Seal Beach. During this process the California Highway Patrol (Westminster Office) assisted with a list of approximately 15 approved vendors for tow service. The approval process for the California Highway Patrol (CHP) include: vehicle inspections, storage facility inspections, certifications of drivers, regulated fees, and business licenses within Orange County. These inspections are completed annually and the results will be shared with the City of Seal Beach. The process for the Tow Service Agreement took place starting in November 2017. A letter was sent to the 15 CHP approved agencies and one additional agency which submitted a letter of interest. Of that a total of 12 agencies responded with the CHP application. In February 2018, 12 responding agencies were provided with the City of Seal Beach Professional Services Agreement and "Exhibit A" which outlined the exceptions for the City of Seal Beach to the provider. In that process a total of nine agencies responded. Based on the nine responses, only two agencies met the requirements, which were set forth. The two qualified companies are Mr. C's, which is already providing services for the City of Seal Beach, and Country City Tow, which would be a new addition to the Agenda Item E SE4�'• AGENDA STAFF REPORT ��4bFOR�P, i DATE: April 9, 2018 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Joe Miller, Chief of Police SUBJECT: Tow Service Agreement for 2018 — 2021 SUMMARY OF REQUEST: That the City Council adopt Resolution No.'s 6807 and 6808 approving Tow Service Agreements between the City of Seal Beach and the two approved Tow Service providers, Mr. C's Towing and Country City Tow, and authorizing the City Manager to execute the agreements on behaH of the City of Seal Beach. BACKGROUND AND ANALYSIS: The Tow Service Agreement for the City of Seal Beach was last completed in 1995. In that process the only two companies that remain in business are Mr. C's Towing and Rossmoor Tow. At this time there is no governing body for inspections of facilities and vehicles, or to monitor fees. The purpose of the Tow Service Agreement is to provide the most up to date service for the City of Seal Beach. During this process the California Highway Patrol (Westminster Office) assisted with a list of approximately 15 approved vendors for tow service. The approval process for the California Highway Patrol (CHP) include: vehicle inspections, storage facility inspections, certifications of drivers, regulated fees, and business licenses within Orange County. These inspections are completed annually and the results will be shared with the City of Seal Beach. The process for the Tow Service Agreement took place starting in November 2017. A letter was sent to the 15 CHP approved agencies and one additional agency which submitted a letter of interest. Of that a total of 12 agencies responded with the CHP application. In February 2018, 12 responding agencies were provided with the City of Seal Beach Professional Services Agreement and "Exhibit A" which outlined the exceptions for the City of Seal Beach to the provider. In that process a total of nine agencies responded. Based on the nine responses, only two agencies met the requirements, which were set forth. The two qualified companies are Mr. C's, which is already providing services for the City of Seal Beach, and Country City Tow, which would be a new addition to the Agenda Item E City of Seal Beach for tow services. The term of the proposed agreements is for three years. The tow service agreements and will be brought back to the City Council for consideration prior to the three year expiration. The requirements set forth were best practices from the following agencies' service agreements: California Highway Patrol, City of Fountain Valley, City of Signal Hill, City of South Gate, Orange County Sheriff's Department, California State University Long Beach- Police Department, City of Los Alamitos, and City of Cypress. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no fiscal impact to the City of Seal Beach or the Seal Beach Police Department. That the City Council adopt Resolution No.'s 6807 and 6808 approving Tow Service Agreements between the City of Seal Beach and the two approved Tow Service providers, Mr. C's Towing and Country City Tow, and authorizing the City Manager to execute the agreements on behalf of the City of Seal Beach. SUBMITTED BY: NOTED AND APPROVED: %e %%?!an Joe Miller, Chief of Police Prepared by: Sergeant Michael Ezroj Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution No. 6807 - Mr. C's Towing B. Resolution No. 6808 - Country City Towing Page 2 I' Attachment "A" RESOLUTION NUMBER 6807 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR TOWING SERVICES WITH MR. C'S TOWING. Whereas the Tow Service proposal process for the City of Seal Beach was last completed in 1995; Whereas staff reviewed current best practices for tow services and completed a formal process which included inviting 15 California Highway Patrol approved and one additional service provider to submit letters of interest; nine service provides agencies responded; and two service provides met the requirements. Whereas the one of the qualified service provider is Mr. C's and is currently providing services for the City of Seal Beach. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the professional services agreement ("Agreement") between the City of Seal Beach and Mr. C's Towing for towing services. Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City of Seal Beach. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of April, 2018 by the following vote: AYES: Council Members NOES: Council Mem ABSENT: Council Members ABSTAIN: Council Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6807 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of April, 2018. Robin L. Roberts, City Clerk PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 H Mr. C's Towing 10821 Bloomfield Street `Cos Alamitos CA 90720 800-273-3699 This Professional Service Agreement ("the Agreement's is made as of q 1 � , N18 (the "Effective Date"), by and between MR- d' '(o✓, -i6 ("Consultant"), a (;ofpp(1 1,60 , and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 57296-0001\1236808vt.doc RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 3—years unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee scheduleset forth in Exhibi(, C for Services but in no event will the City pay more than $. Any additional work authorized by the City pursuant to 2of9 57296-0001\1236808v1.doc Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit E. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3 of 9 S7296-0001\1236808v1.doc in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: IT OL 4) /OrLI 'rileoM(,•l� rL Ls) AIAy+ 61 , e4 ie7t6 Attn: Ku�Mi 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 4 of 9 S7296-0001 \1236808v 1. doc 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect 5of9 57296-0001\1236808vt.doc coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, 6of9 S7296-0001\1236808v1.doc employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7of9 S7296-0001\1236808v1.doc 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, 8of9 S7296-0001\1236808v1.doc the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Jill R. Ingram, City Manager Attest: By: Robin L. Roberts, City Clerk Approved as Ir By: raig A. Steele, City Attorney S7296-0001 \1236808v1.doc CONSULTANT By: Name: Its: P�1 0 Name: Its: 9of9 Tow Service Agreement Seal Beach Police Department February 2018 Term of Agreement: 3 Year Exhibit A 01 The City of Seal Beach / Seal Beach Police Department Tow Service Agreement (TSA) allows the City of Seal Beach discretion in a variety of areas. Below is a list of conditions and guidelines that will be applicable for the City of Seal Beach and will be strictly enforced. 1) Maximum response time: Class "A" and Class "B" tow trucks- 25 minutes for daytime and nighttime responses. Class "C" and Class "D" tow trucks- 45 minutes for daytime and nighttime responses. This will be 24 hours a day, seven days a week. An operator or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle, perform vehicle recover (e.g., rollover, down embankment), provide services (e.g., fuel, flat tire change) and be in possession of the appropriate class of driver license, applicable endorsements and permits. The contractor must maintain a minimum of at least five total trucks. In the event that an operator falls below the required minimum number of tow trucks for more than seven days, due to mechanical failure or a collision, the operator shall notify the Seal Beach Police Department within 48 hours. All trucks must meet and pass California Highway Patrol (CHP) inspections. All trucks and drivers must meet the CHP standard. If a truck or driver fails CHP inspection they shall be removed for rotation until they are able to meet CHP standard. 2) Location of the 'lbw Facility / Storage yard shall be within a 5 miles of the Seal Beach Police Department. The yard shall be enclosed with no less than a security fence or wall. All storage facilities must be accessible to Seal Beach personnel 24 hours a day, 7 days a week. Contractor should have someone accessible for a vehicle releases during regular business hours. They shall also maintain at least one person at a call station to release a vehicle within 45 minutes upon request, after normal business hours. The operator shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored / impounded by the Seal Beach Police Department. An operators place of business shall have posted in plain view to the public the "Towing Fees and Access Notice" and copies of notice readily available to the public pursuant to Section 22651.07(a)(1)(A)C V C. 3) Enclosed Facility: Contractor will maintain, without charge to the City of Seal Beach or any other person, a separate and enclosed garage. The facility must be constructed to include a roof and at least four walls of substantial design to withstand the elements to protect the vehicle from weather. This area shall provide ample room for vehicle inspections. It will be the responsibility of the contractor to maintain and preserve the chain of evidence at all times. No public or unauthorized access shall be granted, unless to Law Enforcement personnel only, to the vehicle or any other items are being stored as evidence. Operators shall seek the Seal Beach Police Department approval to remove and release property from any stored or impounded vehicle to a registered owner or R/O's agent along with proper documentation. i.e. signed notarized letter. A receipt shall be placed inside the vehicle and shall be attached to the operator copy of the CHP 180. In the event a vehicle is impounded for CVC sections 22655(a) VC (hit-and-run investigation) or 22655.5 VC (Evidence), an operator shall not release personal property without prior Seal Beach Police approval. Fees for evidence shall start upon the date that the vehicle is released from the evidence hold. 4) The Seal Beach Police Department shall have the right to waive all contractor tow fees, including "Administrative" and "Release Fees", upon request. 5) Contract agents will provide tow services at no cost to City of Seal Beach for all city vehicles. 6) Rotation of the tow contractors shall be on a call to call structure. In the event that there are multiple items that are needed to be towed the first on the rotation will be contacted. If the operator is unable to service all the items then the next contractor will be contacted. A call to an operator shall constitute one turn on the list and the operator shall be moved to the bottom of the list. o This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond to provide service, or is canceled due to excessive response time. If the operator responds to a Seal Beach call and is not needed or cancelled by Seal Beach Police, up to and including arriving on scene and standby time which does not result in a tow, there shall be no charge and the operator shall be placed back at the top of the list. Or if the operator is cancelled by the registered owner or agent, prior to laking possession of the vehicle, there shall be no charge and the operator shall be placed back at the top of the list. 7) Demeanor and Conduct: (a) While involved in Seal Beach rotation tow operations or related business, the tow operator and/or employee(s) shall refrain from any acts of misconduct including, but not limited to, any of the following i. Rude or discourteous behavior ii. Lack of service, selective service, or refusal to provide service which the operator is capable of performing. iii. Any act of sexual harassment or sexual impropriety. iv. Unsafe driving practices. v. Exhibiting any objective symptoms of alcohol or drug use. 1. The operator/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the Seal Beach Police if an odor of an alcoholic beverage is detected upon their person. vi. Any acts of discrimination based on a protected group. 8) Compliance with Law (a) The tow operator and employees shall, at all times, comply with federal, state, and local laws and ordinances. (b) Any conviction of the operator or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs; or acts of moral turpitude should be cause for suspension or removal of an operator/employee's application, or termination of the tow service agreement. (c) Personnel, as well as tow operators and their employees, shall not be offered nor accept gratuities pursuant to Section 12110(a) CVC. (d) No 'row operator or their employees shall accept and gratuities from a repair shop for delivery of a vehicle not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 12110(c) CVC. (e) An operator shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the operators custody (f) An operator or employee arrested/charged for violation involving any above crime should be suspended until the case is adjudicated. ACOR& CERTIFICATE OF LIABILITY INSURANCE llk� DATE(MWDDIYYYY) 1 10/26/2017 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of.such endorsements). PRODUCER YOUZOOm Insurance Services, Inc 6900 College Blvd Ste 1000IL OONTAOT NAME: PHONE 888-240-8803 FAX E,MC. Na. EAU. l: 677-835-1833 ADDRESS.AMServiceCenterWarrowheadgrp.com INSURERS AFFORDING COVERAGE NAIC e Overland Park KS 66211 INSURER A: American Guarantee and Liability Insurance 26247 10/25/2017 INSURED MRCSTOW-01 INSURER B:ZUrlch American Insurance Company 16535 Mr. C's Towing Inc INSURERC Insurance Company of the West 27847 PD Towing Only Inc DBA Mr.C's Towing 10821 Bloomfield St Suite C INSURER D Hudson Sp alty Insurance Company 37079 INSURER E: Los Alamitos CA 90720 INSURER F: MED EXP (Any one person) $5,000 COVERAGES CERTIFICATE NUMBER: 342621696 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN -,'THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL IN 0 SUER WVO POLICY NUMBER POLICY EFF MMIDDIYYYYI POLICY EXP IMMIDDII(TrYlLIMITS A X COMMERCIAL GENERAL LIABILITY Y CP01639618-01 10/25/2017 10/25/2018 EACH OCCURRENCE $1000,000 CLAIMS -MADE M OCCUR DAMAGE TO 2 R MF�1595-CEA ge urENTEuren:et $100,000 - MED EXP (Any one person) $5,000 _ PERSONAL d ADV INJURY $1,000,000 _ GEN'L AGGRE�GATIE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 EPOLICY JECP90T ,. F] LOC PRODUCTS - COMPIOP AGG $2,000,000 1 $ OTHER B AUTOMOBILE LIABILITY Y CP01639618-01 10/25/2017 10/25/2018 lea OLE LIMIT eccltlen0 $1,000,000 BODILY INJl1RV (Par person) It ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per eccidenQ $ X _ AUTOS ONLY X AUUTOS ONE CY Per ecddenl A1.fAGl� $ $ D X UMBRELLA LIAR X OCCUR HXS100002701 10/25/2017 10/25/2018 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS MADE DED I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICE HIMEMBER EXCI UDEO? NIA WVE 502100506 4/1/2017 4/1/2018 X PTR T OR" E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE EA EMPLOYEE $1,000,000 (Mandatory In NH) Il yoe describe under DESCRIPTION OF OPERATIONS UnIow EL DISEASE - POLICY LIMIT $1,000,000 A Garage Keepers Motor Truck Cargo - Prop in Veh GPOI639618.01 GPOI639618-01 10/25/2017 10/25/2017, 10/25/2018 10/25/2018 Limit 2,000,000 Any One Vehicle Limit 75,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aIta.h.d If mon space Is Pnq.I edl Garage Keepers includes On -Hook coverage. Cargo Limit: Single Conveyance $75,000, Per Disaster $375,000; Cargo Deductible $1,000. Certificate Holder is named as an Additional Insured. Seal Beach P.D. 911 Seal Beach Boulevard Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 988-2015 ACORD CORPORATION. All rights ACORD 25 (2016103( The ACORD name and logo are registered marks of ACORD A� �® CERTIFICATE OF LIABILITY INSURANCE 4ie20171°Dtt Y, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER YouZoom Insurance Services, Inc 6900 College Blvd Ste 1000 CONTACT NAME: PHONE g88-240-8803 PAX 877-835-1833 -s Mnli=`EXtI: UYC,.NP); .E-MAILADDRIEa.AMServiceCenter®arrowheadgrp.com INSURERISI AFFORDING COVERAGE NAICu Overland Park KS 66211 INSURER A; Insurance Company Of the West 27847 $ INSURED MRCSTOW-01 INSURER B : MED EXP (Any oneperson) INSURER C: _ Mr. C's Towing Inc Mr. C's Towing of Southgate Inc 10821 Bloomfield St INSURER D: $ _ GEN'L AGGREGATE LIMIT APPLIES PER _ POLICY LJ J COj I I LOC OTHER GENERAL AGGREGATE Ste #C INSURER E $ INSURER F: _ $ Los Alamitos CA 90720 COVERAGES CERTIFICATE NUMBER: 1952145919 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AOD INS° SUER WVD POLICY NUMBER POLICY EFF MMIDOttVYYI POLICY EXP IMM1DOrYyYYI LIMITS COMMERCIAL GENERALLIABILITY C1 AIMS MADE El OCCUR�- EACH OCCURRENCE $ PR MI E (Ee occurrencel $ MED EXP (Any oneperson) $ _ PERSONAL A ADV INJURY $ _ GEN'L AGGREGATE LIMIT APPLIES PER _ POLICY LJ J COj I I LOC OTHER GENERAL AGGREGATE $ PRODUCTS - COMP/OPAGG $ _ $ AUTOMOBILE LIABILITY ANY AUTO OA TOS ONLY WNED __ AUHOSULED AHIREDUTOS ONLY AUTOS ONLYY25t'E111'Y'DAKMA'ii� EO odCld. $ BODILY INJURY (Per person) $ BODILY INJURY IPer accident) $ Per a gltlontf $ $ UMBRELLA LIAR EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION I$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXOLUDEDP (Mmdalary in NHl N Nyos, describe under DESGRIPTIONOFOPERATIONSbelow NIA WVE602100506 4/12017 4/1/2018 X PER DTH - ST TUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACO R0 101, Addillo nal Remarks Schad u ie, may be attached If more space Is raqulred) Certificate Holder is named as an Additional Insured. Seal Beach P.D. 911 Seal Beach Blvd, Seal Beach ca 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE YottZoo•evvImw,ravic.e.,SN.4,i/%Gc✓4; Ino: © 1988.2015 ACORD ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD reserved. Mr C's Towing 10821 Bloomfield St unit C Los Alamitos Ca 90720 800 273-3699 or 562 594-9521 fax 562 594-4329 Charges for Service 1. Class A Tow: 195.00 Storage: Inside & Outside 62.00 2. Class B Tow: 215.00 Storage: Inside & Outside 70.00 3. Class C Tow: 305.00 Storage: Inside & Outside 70.00 " These are our CHP approved rates. Please be aware that rates change yearly plus or minus 5% due to increase in gas prices, etc. City Hall 21 18'" Street Seal Beach, CA 90740-6379 (562) 43 1 -2527 Ext. 1314 or 1332 Iimail: BusinessLlcenseOr sealbeachca.gov License Issued To: Mr. C's Towing 10821 Bloomfield Ave, Unit C Los Alamitos, CA 90720 Owner's/Agent's Name: Kurtis McElroy Lie. Type: General Business License License 9: MRC0001 Customer N: 0006557 Expires: June 30, 2018 Date Printed: 1 06/12/2017 Business License, Business Location: 10821 Bloomfield Ave, Unit C Los Alamitos CA 90720 Business Type: Auto Towing Business Class: Transportation Services, NEC (pipeline terminal and stockyards for transportation) POST -INA CONSPICUOUS PLACE - NOT TRANSrERAULE City of Seal Beach Ordinance NO. 1653 The business license tax imposed by the Chapter shall not apply to any business which has gross annual receipts of $25,000 or less in the one year period immediately preceding the issuance of a business license. To establish eligibilty for the for this exemption, the business shall provide such documentation as requested by the Director of Finance including, without limitation, tax returns, and financial documentation. The Director of Finance shall establish such policies and procedures as are necessary to implement the exemption granted herein. Any business operating in the City with gross receipts of more than $25,000 annually shall pay the full amount of the applicable business tax. In order to determine exemption eligibility, a copy of this completed form, a $25.00 processing fee, and a copy of one of the following Federal Tax Returns must be submitted: EXEMPTION REQUIREMENTS: 2015 Federal Tax Returns •. Schedule C (Form 1040) — Profit or Loss From Business (Sole Proprietorship); or • Schedule E (Form 1040) — Supplemental Income and Loss (front Rental Real Estate, Royalties, Partnerships, S Corporations, Estates, Trusts, etc.)," or "Schedule C-FZ (For -m1040) -Net Profit From Business (Sole Pr'oprieiorshrp); or'-- • Form 1065 — U.S. Return of Partnership Income. Please note: All Independent Contractors within an establishment are required to apply for a city business license. Independent Contractors are those who work on the premises whose Federal/State income taxes are not typically withheld by the employer/business owner and receive an annual Federal Income Tax Form 1099. Attachment "B" RESOLUTION NUMBER 6808 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR TOWING SERVICES WITH COUNTRY CITY TOWING. Whereas the Tow Service proposal process for the City of Seal Beach was last completed in 1995; Whereas staff reviewed current best practices for tow services and completed a formal process which included inviting 15 California Highway Patrol approved and one additional service provider to submit letters of interest; nine service provides agencies responded; and two service provides met the requirements. Whereas one of the qualified service provider is Country City Towing and is a new addition for services for the City of Seal Beach. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the professional services agreement ("Agreement') between the City of Seal Beach and Country City Towing for towing services. Section 2. The Council hereby directs the City Manager to execute the Agreement on behalf of the City of Seal Beach. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of April, 2018 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Membe ABSTAIN: Council Members Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6808 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9`" day of April, 2018. Robin L. Roberts, City Clerk PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 0 Country City Towing 13642 Milton Ave., Westminster CA 92683 714-449-8844 y-.Cl-iI This Professional Service Agreement ("the Agreement") is made as of 2018 (the "Effective Date'), by and between e0ce jrc y C.�r -p"jL4"Consultant"), a Cog 90,4i4reaeJ , and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 57296-0001\1236808vi.doc RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 3 years unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit— for Services but in no event will the City pay more than $01A . Any additional work authorized by the City pursuant to 2 of 9 S7296-0001\1236808v1.doc Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit S. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. 4,ty ✓,4,v AASootcE is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3of9 S7296-0001\1236808v1.doc in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Cort.JrayCiry'T•..>TN� //O E.,CoH�v c�ac6gc 3� �¢,a am E•ti. CA 9-28e Attn: ��4Y c1Ae"A crow- e 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 4 of 9 S7296-0001\1236808v1.doc 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect 5of9 S7296-0001\1236808v1.doc coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, 6of9 S7296-0001\1236808v1.doc employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7of9 57296-0001112368080 doc 11141MfiftPP-;<i No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, 8of9 S7296-000111236808v1.doc the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH 0 Attest: Jill R. Ingram, City Manager Robin L. Roberts, City Clerk Approved A. Steele, City Attorney 57296-0001 \1236808V 1.doc CONSULTANT By: Q;� r1 0 Name: Via[ I%r+,a r XCh*cE Its: M Name: Its: 9of9 Tow Service Agreement Seal Beach Police Department February 2018 Term of Agreement: 3 Year Exhibit A The City of Seal Beach / Seal Beach Police Department Tow Service Agreement (TSA) allows the City of Seal Beach discretion in a variety of areas. Below is a list of conditions and guidelines that will be applicable for the City of Seal Beach and will be strictly enforced. 1) Maximum response time: Class "A" and Class "B" tow trucks- 25 minutes for daytime and nighttime responses. Class "C" and Class "D" tow trucks- 45 minutes for daytime and nighttime responses. This will be 24 hours a day, seven days a week. An operator or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle, perform vehicle recover (e.g., rollover, down embankment), provide services (e.g., fuel, flat tire change) and be in possession of the appropriate class of driver license, applicable endorsements and permits. The contractor must maintain a minimum of at least five total trucks. In the event that an operator falls below the required minimum number of tow trucks for more than seven days, due to mechanical failure or a collision, the operator shall notify the Seal Beach Police Department within 48 hours. All trucks must meet and pass California Highway Patrol (CHP) inspections. All trucks and drivers must meet the CHP standard. If a truck or driver fails CHP inspection they shall be removed for rotation until they are able to meet CHP standard. 2) Location of the Tow Facility / Storage yard shall be within a 5 miles of the Seal Beach Police Department. The yard shall be enclosed with no less than a security fence or wall. All storage facilities must be accessible to Seal Beach personnel 24 hours a day, 7 days a week. Contractor should have someone accessible for a vehicle releases during regular business hours. They shall also maintain at least one person at a call station to release a vehicle within 45 minutes upon request, after normal business hours. The operator shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored / impounded by the Seal Beach Police Department. An operators place of business shall have posted in plain view to the public the "Towing Fees and Access Notice" and copies of notice readily available to the public pursuant to Section 22651.07(a)(1)(A)CVC. 3) Enclosed Facility: Contractor will maintain, without charge to the City of Seal Beach or any other person, a separate and enclosed garage. The facility must be constructed to include a roof and at least four walls of substantial design to withstand the elements to protect the vehicle from weather. This area shall provide ample room for vehicle inspections. It will be the responsibility of the contractor to maintain and preserve the chain of evidence at all times. No public or unauthorized access shall be granted, unless to Law Enforcement personnel only, to the vehicle or any other items are being stored as evidence. Operators shall seek the Seal Beach Police Department approval to remove and release property from any stored or impounded vehicle to a registered owner or R/O's agent along with proper documentation. i.e. signed notarized letter. A receipt shall be placed inside the vehicle and shall be attached to the operator copy of the CHP 180. In the event a vehicle is impounded for CVC sections 22655(a) VC (hit-and-run investigation) or 22655.5 VC (Evidence), an operator shall not release personal property without prior Seal Beach Police approval. Fees for evidence shall start upon the date that the vehicle is released from the evidence hold 4) The Seal Beach Police Department shall have the right to waive all contractor tow fees, including "Administrative" and "Release Fees", upon request. 5) Contract agents will provide tow services at no cost to City of Seal Beach for all city vehicles. 6) Rotation of the tow contractors shall be on a call to call structure. In the event that there are multiple items that are needed to be towed the first on the rotation will be contacted. If the operator is unable to service all the items then the next contractor will be contacted. - A call to an operator shall constitute one turn on the list and the operator shall be moved to the bottom of the list. o This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond to provide service, or is canceled due to excessive response time. If the operator responds to a Seal Beach call and is not needed or cancelled by Seal Beach Police, up to and including arriving on scene and standby time which does not result in a tow, there shall be no charge and the operator shall be placed back at the top of the list. Or if the operator is cancelled by the registered owner or agent, prior to taking possession of the vehicle, there shall be no charge and the operator shall be placed back at the top of the list. 7) Demeanor and Conduct: (a) While involved in Seal Beach rotation tow operations or related business, the tow operator and/or employee(s) shall refrain from any acts of misconduct including, but not limited to, any of the following i. Rude or discourteous behavior ii. Lack of service, selective service, or refusal to provide service which the operator is capable of performing. iii. Any act of sexual harassment or sexual impropriety. iv. Unsafe driving practices. v. Exhibiting any objective symptoms of alcohol or drug use. 1. The operator/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the Seal Beach Police if an odor of an alcoholic beverage is detected upon their person. vi. Any acts of discrimination based on a protected group. 8) Compliance with Law (a) The tow operator and employees shall, at all times, comply with federal, state, and local laws and ordinances. (b) Any conviction of the operator or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs; or acts of moral turpitude should be cause for suspension or removal of an operator/employee's application, or termination of the tow service agreement. (c) Personnel, as well as tow operators and their employees, shall not be offered nor accept gratuities pursuant to Section 12110(a) CVC. (d) No Tow operator or their employees shall accept and gratuities from a repair shop for delivery of a vehicle not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 1211 O(c) CVC. (e) An operator shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the operators custody (f) An operator or employee arrested/charged for violation involving any above crime should be suspended until the case is adjudicated. COUN-10 OP ID: KA , o lh�CERTIFICATE OF LIABILITY INSURANCE DATEDYY) 021201201B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rubin IOSUre6Ce Agency Inc. CA Lic 0645355 5075 Shoreham Place, Suite 100 San Diego, CA 92122 Michael Rubin CONTACT PHONE PAX -1/Vc. No. Eat): (Arc._No): EMAIL ADDRESS: INSURERISJ AFFORDING COVERAGE NAICN INSURER A: American States Ins Co 19704 INSURED Country City Towing, Inc. 110 E Commercial Anaheim, CA 928011 INSURERS: Rockhill Insurance Company 28053 INSURER C:Insurance Company of the West 27847 INSURER D 01 Cl 88076710 INSURER E: D410112018 -DANAGETDRENTED— PREMISES IEe ocamence)_ INSURER F MED EXP (Any acre person) $ 10,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTMMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE POLICY NUMBER MWDOYEFY MMIOOY�P LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,06 A X COMMERCIAL GENERAL LIABILITY CLAIMSIaWDE nOCCUR Y 01 Cl 88076710 04/0112017 D410112018 -DANAGETDRENTED— PREMISES IEe ocamence)_ It 1,000,06 MED EXP (Any acre person) $ 10,00 PERSONAL B ADV INJURY $ 1,000,06 _ GENERAL AGGREGATE $ 2,000,06 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,00 POLICY JFCT 17 PRO. LOC E AUTOMOBILE _ LIABILITY COMBINED SINGLE LIMIT jEo acGdenll $ 1,066,00 BODILY INJURY(Perpmaon) $ A ANY AUTO Y Of Cl 88076710 04/01/2017 04101/2018 _ X _ ALL OWNEDX SCHEDULED AUTOHIRED X NONOOWNEO AUTOS BODILY INJURY (Per occident) $ R PPNTT6AMAd9_ -(PER ACCIDENT $ E X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE S 4,000,06 B EXCESS LIAB CLAIMS -MADE FF016283.01 04/01/2017 04/0112018 _ DED I X RETENTIONS Nil $ C WORKERS COMPENSATIONX AND EMPLOYER$' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED' (Mandatory in NH) N I A WSD503326301 04/0112017 04101/2016 WC STATU- OTH- OR'LLLM11 ER— E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,06 II ye; describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT It 1,000,00 A GKLL 01 CI 880767 10 0410112017 0410112018 Ded $500 600,00 A On-Hook/Cargo 01 Cl 880767 10 0410112017 04/0112018 Ded $1000 600,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddRlonsl Remano, Schedule, If more spate Is required) City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are named as additional insured with respects to general and auto liability of the named insured. Blanket general liability additional insured end primary and non-contributory wording included by written contract per form CG7635(0207) attached. Blanket auto liability CITY085 City of Seal Beach Aftn: City Clerk 211 8th St Seal Beach, CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �— ' \ /I 0 1988-2010 ACORD CORPORA ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Exhibit B Seal Beach Police Tow Rates 2-26-18 SERVICE FEE TOWING Class A $175.00 Class B or Flatbed $190.00 Class C (Per Hour) $270.00 Class D (Per Hour) $325.00 Dolly, Go -Jacks or Linkage $60.00 Rollover or Winching $130.00 Clean-up Fee $60.00 Hazmat Fee (per 5 gallon bucket) $115.00 STORAGE Class A - Outside $45.00 Class A - Inside $50.00 Class B - Outside $50.00 Class B - Inside $55.00 Class C or D - Outside $55.00 Class C or D - Inside $60.00 After Hours Release 50% of the Tow Fee Minimum Service Call or Drop Fee 50% of the Tow Fee Lien Sale As authorized by State ' CITY OF SEAL BEACH ACKNOWLEDGEMENT OF WORKERS COMPENSATION INSURANCE FORM Business Name COLJNTRY CITY TOWING–In Business Address 13642 Milton Ave Westminster CA 92683 My signature on this form acknowledges I understand that under California Law, I am required to carry.workers'.compensation insurance for my- employees.ataII-times.. I further understand that my failure to have the appropriate coverage will subject me to civil penalties of $10,000 per employee who is not covered by workers' compensation AND criminal penalties of up to one year in jail and/or a fine of up to $10,000. I know that even if I don't have employees right now, I will be required to get workers' .compensation.cavarage.as soon. as. 1.have_one.or_morPsmployees.. Name Jay Vaann�Arssddalee JI ®� Title President Signature `—�7'-`�-'� Date 3-1-2018